WayBetter Terms of Use

Last revised: May 19, 2026

Please note: Apple does not sponsor WayBetter in any way. No prizes are provided by Apple.

Thank you for using WayBetter, which makes app-based social games that motivate people to improve a range of health-related behaviors. The WayBetter websites, games, and related services are operated by WayBetter Inc. (“us,” “we,” “WayBetter,” or the “Company”). By registering for, accessing, or using any of WayBetter’s websites (including www.waybetter.app), any mobile version, or any software system designed to support or permit interaction with the website or its functionality over a network (together the “Site”), you (the “User”) signify that you have read, understand, and agree to be bound by these Terms of Use (the “Terms of Use” or this “Agreement”), whether or not you are a registered member of WayBetter.

We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time. We will post the changes on this page and indicate the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access the Site.

Please read these Terms of Use carefully. They contain important information about your legal rights, remedies, and obligations, including limitations on liability and a dispute resolution clause that provides for mandatory arbitration and waiver of class actions. WayBetter’s Privacy Policy is an integral part of these Terms of Use and is incorporated by reference.

0. Definitions

In addition to terms defined elsewhere in this Agreement, the following definitions apply:

• “Sponsor” means a third-party business that has entered into an arrangement with WayBetter to sponsor one or more games on the Site.

• “Sponsored Game” means a game on the Site for which WayBetter has identified one or more Sponsors. Sponsorship is disclosed before signup, and the Sponsor’s identity is presented in connection with the game’s prize structure and consent flow.

• “Consumer Health Data” has the meaning given in our Privacy Policy and includes, without limitation, weight, weight-loss results, medication name and dose, adherence data, photos and videos submitted during games, medical conditions, and inferences derived from any of the above.

• “User Content” has the meaning given in Section 7 below.

1. Eligibility

The Site is intended solely for users who are 18 years of age or older. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms of this Agreement.

2. Term

These Terms of Use will remain in full force and effect while you use the Site or are a registered member. The Company may terminate your membership, delete your profile and any content or information you have posted, and prohibit you from using or accessing the Site (in whole or in part) for any reason or no reason, at any time in our sole discretion, with or without notice, including if we believe you are under 18. You may terminate your membership at any time for any reason, provided that if you are in an ongoing game you will continue to be bound by the terms of that game until it concludes.

3. Registration Data; Account Security

You agree to (a) provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any other information you provide to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place through your account.

4. User Rights and Limitations

(a) Permitted use.

You have a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for your personal, non-commercial use. You may not use the Site for any other purpose, including any commercial purpose, without the Company’s prior written consent. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe the rights of any third party or contain libelous, defamatory, or otherwise unlawful material. You also agree to use the Site in a manner consistent with all applicable laws and regulations.

(b) Prohibited conduct.

You agree not to use the Site, and not to authorize any other person to use the Site, to:

• cause the Site, or any portion, to be framed in such a way that it appears on the same screen with a portion of another website;

• harvest or collect email addresses or other contact information of other users for any reason outside game play, including sending unsolicited messages or otherwise circumventing the Sponsor consent flow described in Section 11;

• use the Site in any prohibited or unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site;

• use automated scripts to collect information from or otherwise interact with the Site;

• upload, post, transmit, share, store, or otherwise make available any content that the Company deems harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racist, or otherwise objectionable, including weights and other sensitive personal information of other players without their written permission;

• upload, post, transmit, share, store, or otherwise make available any videos other than those of a personal nature that (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;

• register for more than one User account, register for a User account on behalf of another individual, or register on behalf of any group or entity;

• impersonate any person or entity (including any Sponsor or affiliate of WayBetter), or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;

• upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

• upload, post, transmit, share, store, or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;

• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

• upload, post, transmit, share, or otherwise make available any material containing software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;

• intimidate or harass other Users;

• upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;

• use or attempt to use another’s account, service, or system without authorization from the Company, or create a false identity on the Site;

• upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to harm or liability;

• manipulate your weight in short-term ways that violate our Guidelines for Losing Weight Safely, including rapid hydration or dehydration, binging, purging, or weight-loss surgery;

• misrepresent your weight or make any other misrepresentation that affects a game;

• play repeatedly for the purpose of being a “professional” competitor;

• manipulate the game, including colluding among players, placing entries in a WayBetter game in which you are not actively participating, placing entries on behalf of or against another player, or otherwise manipulating the natural course of the game;

• play in more than the allowable number of concurrent games;

• attempt to bypass, suppress, or otherwise interfere with the Sponsor consent flow in any Sponsored Game, or use a Sponsored Game to harvest the contact information of other players for any purpose other than play; or

• violate the WayBetter Code of Conduct.

5. Proprietary Rights in Site Content; Limited License

(a) Proprietary Rights.

You acknowledge and agree that all content on the Site — including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound, and other files, and their selection and arrangement (the “Site Content”) — is the property of WayBetter and its content providers, who retain all right, title, and interest in the Site Content. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without WayBetter’s prior written permission, except that the foregoing does not apply to User Content that you legally post on the Site.

(b) Limited License.

Provided you are eligible to use the Site, you are granted a limited license to access and use the Site and the Site Content, and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided you keep all copyright, trademark, service mark, and other proprietary notices intact. This limited license permits you to share your User Content through social media, email, or other Internet platforms. Except for User Content, you may not upload or republish Site Content on any Internet, intranet, or extranet site, or incorporate Site Content in any database or compilation. The license granted by these Terms of Use does not permit the use of any data mining, robots, spiders, or similar data-gathering or extraction methods. This license is revocable at any time without notice and with or without cause.

6. User Content Posted on the Site

(a) User Responsibility.

You are solely responsible for the photos, profiles (including your name, image, avatars, and likenesses), messages, notes, text, information, music, video, advertisements, listings, and other content you upload, publish, or display (“post”) on or through the Site (collectively, “User Content”). You may not post User Content that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason.

(b) License.

When you post User Content to the Site, you authorize and direct us to make copies as we deem necessary to facilitate posting and storage. By posting User Content to any part of the Site, you automatically grant, and represent and warrant that you have the right to grant, the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content in connection with operating, providing, securing, and improving the Site; to prepare derivative works of, or incorporate such User Content into other works, in connection with the Site; and to grant and authorize sublicenses of the foregoing for the same purposes.

Limitations for health-related submissions. Notwithstanding the foregoing, where User Content consists of photos, videos, or other submissions that depict or contain individual-level Consumer Health Data — for example, weigh-in photos or videos, photos of medications, or similar submissions made during the course of a health-related game — the Company will use such User Content only in connection with operating, securing, and improving the Site (including verifying game results, preventing fraud, and providing customer support), in aggregated or de-identified form for research, analytics, and product development, and as otherwise consistent with the Privacy Policy. The Company will not use individual-level Consumer Health Data submissions for advertising, public marketing, third-party commercial use, or AI-training disclosure to third parties without your separate, specific opt-in consent.

Aside from this license, Users retain all rights to their User Content, including the right to remove User Content at any time. If you remove your User Content, the license granted in this Section will automatically expire on a going-forward basis, except that the Company will retain such license to the extent it has previously incorporated such content into its content sites, advertising, or promotional materials in a manner consistent with this Section and the Privacy Policy, and will have the right to retain archived copies.

(c) Submissions.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site (“Submissions”) provided by you to the Company are non-confidential and become the sole property of the Company. The Company will own exclusive rights (including all intellectual property rights) to, and will be entitled to the unrestricted use and dissemination of, those Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. This Section does not apply to User Content, which is governed by Section 6(b).

7. Intellectual Property

(a) Trademarks.

WayBetter, The WayBetter Way, WayBetter Today, the Daily Carrot, and other Company graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, service marks, or trade dress of the Company in the U.S. and other countries. They may not be used, including as part of trademarks or domain names, in connection with any product or service in a manner likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the Company’s prior written permission.

(b) Copyright.

You may not post, distribute, or reproduce any copyrighted material, trademarks, service marks, or other proprietary information owned by another party without obtaining the prior written consent of the owner. If you believe your work has been copied and posted on the Site without your permission, please review and follow the procedures set forth in our Copyright Policy.

In accordance with the Digital Millennium Copyright Act and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, members deemed to be repeat infringers.

8. Third Party Websites and Content

The Site may contain links to other websites (“Third Party Sites”) and to third-party content (“Third Party Content”). Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through, or installed from the Site. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or Third Party Content does not imply approval or endorsement by us. If you decide to leave the Site and access Third Party Sites or to use or install any Third Party Content, you do so at your own risk.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation by the Company. Sponsorship of a Sponsored Game does not constitute Company endorsement of the Sponsor’s products or services.

9. Disputes Between Users

You are solely responsible for your interactions with other WayBetter users. We reserve the right, but have no obligation, to monitor and resolve disputes between you and other users. If we do resolve a dispute, our decision is final.

10. WayBetter Fees

WayBetter’s game fees, including payment and refund requirements, are set forth in the various game rules and FAQs and in these Terms of Use. These fees may be changed or waived from time to time for some or all players, at WayBetter’s discretion. Fees may include per-game flat fees, percentage-based fees, time-based membership dues, fees for organizations and their members, or combinations of the above.

Sponsored Games may be offered with reduced fees, waived fees, additional prizes, or other promotional benefits supported by the Sponsor. Sponsor-funded prizes, discounts, offers, or other benefits in a Sponsored Game are available only to players who enter the Sponsored Game and provide the consent for Sponsor sharing described in the Privacy Policy and in the Sponsored Game consent screen described in Section 11.

11. Sponsored Games

(a) Disclosure of Sponsor.

When a game is sponsored, WayBetter will disclose the identity of the Sponsor (or Sponsors) before you sign up. The Sponsor’s name will be presented in connection with the game’s prize structure and on the consent screen described in subsection (b).

(b) Consent to data sharing is required for entry.

Because Sponsored Games are funded or supported by Sponsors and may include Sponsor-provided prizes, offers, or benefits, entry into a Sponsored Game requires your affirmative consent for WayBetter to share your name, email address, and game outcome (whether you won, completed, or did not complete the game) with the named Sponsor(s). At signup, WayBetter will present you with a separate consent screen that:

• identifies the Sponsor(s) by name;

• states that WayBetter will share your name, email address, and game outcome with the Sponsor(s);

• explains how the Sponsor(s) may use that information, including for prize fulfillment, game-related offers, and ongoing marketing;

• explains what WayBetter will not share with the Sponsor(s) without your separate, specific opt-in; and

• requires you to take an affirmative action (such as checking an un-prechecked box) to enter the Sponsored Game.

If you do not want WayBetter to share your name, email address, and game outcome with the Sponsor(s) as described, please do not enter that Sponsored Game. Other WayBetter games may be available that do not have a Sponsor.

(c) Sponsor communications.

If you enter a Sponsored Game, the Sponsor may contact you for prize-fulfillment purposes, game-related offers, and ongoing marketing related to the Sponsor’s products and services. Sponsor communications are governed by the Sponsor’s own privacy policy and terms. You may unsubscribe from a Sponsor’s marketing communications using the Sponsor’s unsubscribe mechanism (typically a link in each marketing email) or by contacting the Sponsor directly.

(d) Revocation of further sharing by WayBetter.

You may at any time revoke your consent to WayBetter’s further sharing of your information with a Sponsor by contacting support@waybetter.app. Revocation will stop further sharing by WayBetter where operationally possible. Revocation cannot, however, undo information previously shared with the Sponsor. To request that the Sponsor delete or stop using information already shared with it, you must contact the Sponsor directly; WayBetter will cooperate with such requests where legally required.

(e) No individual-level health data shared without separate consent.

WayBetter does not share with Sponsors any individual-level Consumer Health Data — such as your medication, dose, weight, weight-loss results, adherence data, photos or videos, or medical conditions — as part of the Sponsored Game consent described in subsection (b). Any sharing of individual-level Consumer Health Data with a Sponsor or any other third party requires separate, specific opt-in consent.

(f) No endorsement.

Sponsorship does not constitute an endorsement by WayBetter of the Sponsor’s products or services, and WayBetter makes no warranty regarding any Sponsor or any Sponsor offering. Any transaction you enter into with a Sponsor is solely between you and the Sponsor.

(g) Entry-frequency, platform, and prize-claim rules.

WayBetter may establish rules limiting Sponsored Game entry and prize selection. These rules may include, without limitation:

• limits on how often a player may enter Sponsored Games featuring the same Sponsor (cooling-off periods);

• limits on how often a player may enter Sponsored Games generally, regardless of which Sponsor is featured;

• different limits for WayBetter members and non-members — for example, members may have access to a higher number of Sponsored Games in a given period or may have certain limits waived;

• limits on the number of times a player may receive a prize from a particular Sponsor across one or more games (“prize caps”); and

• other eligibility rules based on a player’s prior participation or status.

These rules are set forth in the individual game’s rules and in WayBetter’s general game policies, and may change from time to time and vary by game and by membership tier. WayBetter may decline to permit a player’s entry into a Sponsored Game, or may exclude particular Sponsors’ prizes from a player’s prize selection, where the applicable rules so provide.

(h) Sponsor prize eligibility.

Sponsor-provided prizes may be subject to eligibility restrictions imposed by the Sponsor — for example, restrictions based on residency, age, or whether the player is an existing customer of the Sponsor. These restrictions are disclosed on the Sponsored Game’s entry screen. Determination of whether a player meets a Sponsor’s eligibility criteria is made by the Sponsor, not by WayBetter. WayBetter is not responsible for a Sponsor’s eligibility determination or for any dispute between a player and a Sponsor concerning a prize.

12. Points

(a) Point awards.

Game winnings, as determined by the rules of the various WayBetter games, are awarded to players in Points in accordance with the rules of those games. Points are automatically deposited into players’ accounts.

(b) Point redemptions.

Unexpired Points may be redeemed in whole or in part in cash at any time on the basis of an exchange rate set by WayBetter, currently USD $1.00 for each Point, which may change from time to time at WayBetter’s sole discretion. Points may also be applied, optionally or exclusively, for participation in new games or for any other purposes permitted from time to time by WayBetter, including purchases of products and services offered by WayBetter and its partners. The exchange rate when applied to purchases of products and services may differ from the cash exchange rate.

To prevent fraud, WayBetter uses PayPal’s security. As a condition of cash redemption of Points, players must use a PayPal account in the same name as their WayBetter account. Each WayBetter player must have their own PayPal account in their name. Players must submit a legible copy of valid government-issued identification matching the name on both their WayBetter and PayPal accounts. WayBetter will use this identification only for verification and will not retain it longer than necessary.

If a player is in a region where PayPal is unavailable, WayBetter will issue redemptions via bank wire or other alternative means, at its discretion, for a handling fee (currently $30). Players in unsupported countries must submit valid government-issued identification matching the name on their WayBetter and bank account.

There is no minimum redemption; for redemptions under $50, WayBetter adds a handling fee (currently $5). We encourage players to accumulate winnings to qualify for fee-free redemptions over $50. WayBetter reserves the right to change or waive payout handling fees and processes.

(c) Expiration of Points.

Points in a player’s account remain in force for one year from the date of the last activity that changes the number of Points in the account.

(d) General.

Points are the property of WayBetter and not of players. They cannot be sold or transferred to any other person or entity, including to other players, and cannot be transferred by operation of law. Any such purported transfer is null and void. Players have no vested rights in Points, which have no value except as provided in these rules and no value after expiration. WayBetter is not responsible for, and has no liability arising from, products and services offered by companies participating in its Points program. WayBetter may change Points program rules, awards, special offers, the exchange rate, or terminate the program, at any time with or without notice.

13. Reservation of Rights

The Company reserves the right, in its discretion, to change any content, software, or other items used or contained in the Site at any time without notice; to modify or discontinue the Site at any time without notice; and to terminate your username, password, and account should you be in violation of these Terms of Use.

14. Disclaimers

(a) Content.

The Company is not responsible or liable for any User Content or Third Party Content posted on or accessible through the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share, and we are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter.

(b) Availability and Data Integrity.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to or alteration of User communications, including User Content. The Company is not responsible for any technical malfunction of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or failure of email or players on account of technical problems or traffic congestion. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s use of the Site, any User Content, or any Third Party Content.

(c) Viruses and Malware.

The Company does not represent or warrant that software, content, or materials on the Site, or any Third Party Content, are accurate, complete, reliable, current, or error-free, or that the Site, its servers, or any Third Party Content are free of viruses or other harmful components.

(d) Health Disclaimer.

WayBetter is not a healthcare provider, medical organization, health plan, healthcare clearinghouse, or business associate of any of the foregoing, and is not subject to the Health Insurance Portability and Accountability Act (HIPAA). Nothing in this Agreement or on the Site should be construed as medical advice. Information offered by WayBetter and its affiliates is not a substitute for physician consultation, evaluation, or treatment. We have no knowledge of any User’s health condition, and you alone are responsible for any actions you take that may have health or other risks. You should satisfy yourself, including by consulting with a physician, before participating in any WayBetter game. WayBetter may from time to time provide advice and comments on weight loss and other health and wellness topics. This content is for informational purposes only. WayBetter does not endorse or recommend any products, services, procedures, or opinions that may be mentioned on the Site, including products and services offered by Sponsors.

(e) Results.

We believe our games, when played properly, help most people reach their goals. The Company cannot guarantee and does not promise any specific results. In no case will the Company be responsible to you for losing money or failing to receive a reward in connection with any WayBetter game. You acknowledge that participation in games involving deposits, commitments, rewards, or points carries financial risk.

(f) Not a game of chance.

WayBetter games are not games of chance. The intent of the program is to reward participants only for actions over which they have control or influence.

(g) Organizers and Hosts.

WayBetter games may be organized or hosted by individuals who may or may not be associated with the Company. Organizers and Hosts have the right to eject players at their discretion. Any disputes with an Organizer or Host must be resolved directly with that Organizer or Host. If a Host offers specific prizes in a game, that Host is responsible for delivering those prizes; WayBetter is under no obligation to fulfill them.

(h) Disqualifications and Ejections.

You may be disqualified by your game’s Organizer or Host for a variety of reasons, including violating WayBetter’s rules or Terms of Use, or for bad sportsmanship. If you are disqualified or ejected, you will not receive a refund.

(i) Excessive Weight Loss.

You will be automatically disqualified from DietBet games for excessive weight loss. See individual game rules for disqualification thresholds. If you are disqualified for excessive weight loss, you will not be entitled to a refund.

15. Disclaimer of Representations and Warranties

THE SITE AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT.

16. Limitation on Liability

IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY CONTENT OR ANY OF THE SITE CONTENT, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SITE DURING THE TERM OF THIS AGREEMENT, AND IN NO CASE WILL EXCEED $1,000. IF NO FEES ARE PAID, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW.

17. Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with any User Content, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

18. Communications from WayBetter and Sponsors

By playing a WayBetter game, you acknowledge that during the game you will automatically receive certain messages related to the game. We default to opt-out because we believe game-related messages are fundamental to the experience. You may control your notification preferences from the Site and opt out of (or back into) messaging at any time.

If you have entered a Sponsored Game, the Sponsor may contact you consistent with the consent you provided at signup and with the Sponsor’s privacy policy. You may unsubscribe from Sponsor communications using the Sponsor’s unsubscribe mechanism or by contacting the Sponsor directly. See our Privacy Policy for more on how we protect the data you entrust to us.

19. Mandatory Arbitration and Waiver of Class Actions

PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES FOR THE USE OF BINDING ARBITRATION TO RESOLVE CERTAIN DISPUTES BETWEEN US AND PROVIDES FOR A WAIVER OF CLASS ACTIONS.

The U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. You and the Company each waive the right to a trial by jury and to participate in any class action with respect to any claim or dispute covered by this provision. Except as specifically provided below, all disputes, controversies, or differences that may arise between the parties out of or in relation to or in connection with this Agreement will be finally settled by binding arbitration in Delaware in accordance with the consumer procedures and rules of the American Arbitration Association and will not involve any class action. You acknowledge that you may consult with an attorney in deciding whether to accept these Terms of Use.

This agreement to arbitrate does not apply, at the option of the Company, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, and the Company may seek injunctive relief in court to prevent unauthorized use of such rights and will not be required to arbitrate such a dispute.

20. Miscellaneous

(a) Governing Law.

By visiting or using the Site, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that might arise between you and the Company or any of our affiliates.

(b) Construction.

Unless otherwise specified, the terms “includes,” “including,” “e.g.,” “for example,” and similar terms are deemed to include the phrase “without limitation” immediately thereafter. Capitalized terms have the meanings attributed to them in these Terms of Use, including in Section 0.

(c) No Agency.

There is no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and us, between us and any Sponsor (for purposes of your relationship with us), or between us and any other Member or user of the Site.

(d) Survival.

Although this Agreement may be terminated by you or us at any time, the following provisions survive any termination: the introductory provisions; all provisions relating to rights and limitations on rights (except that all rights of users terminate on termination of this Agreement); all disclaimer, limitation on liability, and indemnity provisions; and Sections 19 and 20.

(e) Prohibited Use.

Use of the Site where prohibited is void.

(f) Entire Agreement.

These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Site, superseding any prior agreements. This Agreement may not be changed orally.

(g) Severability and Waiver.

The failure of the Company to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver. If any provision is held invalid or unenforceable, that provision will be deemed severable and will not affect the validity of the remaining provisions.

Membership Provisions

Registration

To fully use the WayBetter Membership Service, you must register by email as a member by providing a password, valid email address, and valid credit card information. You must provide complete and accurate registration information and notify us if your information changes.

Membership Payments

Auto-billing; Subscription Fees; Free Trial Terms. WayBetter membership is a paid, auto-renewing subscription service. If you purchase a subscription by accepting our Free Trial offer, you agree to automatic (recurring) billing and agree to pay the charges made to your account in connection therewith. Your subscription, and periodic billing of your account, will continue indefinitely until canceled by you.

Commencement of your membership occurs upon successful completion of the sign-up process, which may or may not include a Free Trial. If a Free Trial is provided, at its conclusion, automatic billing will be initiated, unless you cancel. In the absence of a Free Trial, billing will commence immediately upon sign-up. Cancellation requests become effective at the conclusion of your current billing period. If you cancel during a billing period, no refunds will be provided for the remainder of that period.

At certain times, we may offer special promotional offers (“Special Offers”) billed at a discounted rate. These may have a different Free Trial period length, or no Free Trial period. These terms will always be disclosed on the payment screen at the time of sign-up, prior to our acceptance of payment.

Players winning games will be awarded redeemable Reward Points in accordance with these Terms of Use.

Quarterly and Annual Subscriptions

Longer-term subscriptions (for example, 3 months, 6 months, or a year) are charged in full upon purchase and automatically renew for the same duration. You can cancel before your next renewal term by logging into your account and following the cancellation instructions below.

Charge Authorization

When you sign up and provide a payment method, you grant your express consent and expressly authorize us (and our designated payment processor) to automatically charge you periodically for the Service.

How to Cancel

If you do not wish for your subscription to renew automatically, email support@waybetter.app with your account email and notice of cancellation. We will attempt to process all cancellation requests within 72 hours. If you signed up directly in the iOS or Android app, you will need to manage your subscription yourself in the App Store or Google Play Store.

EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE APPLICATION, YOU WILL BE RESPONSIBLE TO PAY ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.

Changes to Membership Program

WayBetter may change, modify, add, remove, suspend, cancel, or discontinue any aspect of its membership program at any time. WayBetter may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed.

WayBetter’s Code of Conduct

We encourage good-natured jocularity in the spirit of friendly competition, but we also intend for WayBetter to be a place where people respect the rights and feelings of others. We have established rules for using WayBetter and for posting messages, photos, video, and other content (“Content”), which are set forth in these Terms of Use and in this Code of Conduct.

Anti-Cheating Provisions

WayBetter expects and requires fairness on the part of its players. WayBetter reserves the right to require additional audit of results. Some players may be required to submit additional proof of their final submission within 24 hours of being requested to do so. Non-compliance will result in forfeiture of the player’s winning proceeds and entry fee. Submission of fraudulent information not only violates WayBetter’s game rules but may subject the player to criminal penalties.

Third-Party Content

WayBetter allows you to upload and share user-generated Content with your friends, including photographs and videos. The Site is not intended as a place to post third-party copyrighted content. You may not (a) upload or share Content other than original works created by you or another user; (b) post or share Content that infringes upon or violates the rights of any third party; or (c) attempt to circumvent any content-filtering techniques we may employ.

Inappropriate Content

You may not post or share Content that:

• is obscene, pornographic, or sexually explicit;

• depicts graphic or gratuitous violence;

• makes threats of any kind or that intimidates, harasses, or bullies anyone; or

• is derogatory, demeaning, malicious, defamatory, abusive, offensive, or hateful.

Unlawful or Harmful Content or Conduct

You may not:

• violate any local, state, national, or international law or post any Content that would encourage or provide instructions for a criminal offense;

• impersonate any person or entity (including any Sponsor) or otherwise misrepresent yourself, your age, or your affiliation;

• use WayBetter to send unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

• post or share any personally identifiable or private information of any third party;

• solicit passwords or personal information from anyone, including those under 18;

• use information or content you obtained on WayBetter in any manner not authorized by this Code of Conduct or the Terms of Use, including by harvesting contact information from other players or attempting to bypass the Sponsor consent flow in a Sponsored Game;

• post any material that contains software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;

• register for more than one account; use or attempt to use another’s account, service, or system without authorization; or create a false identity; or

• engage in any predatory or stalking conduct or take any action that harasses or embarrasses other users.

This Code of Conduct is subject to change or termination at any time at WayBetter’s sole discretion.