TERMS OF SERVICE

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Player," "you," or "your") and Deku Studios LLC, a New York limited liability company ("Deku Studios," "we," "us," or "our"), governing your access to and use of the Deku Studios mobile applications, websites, and related services (collectively, the "Platform").

By creating an account, accessing the Platform, or participating in any contest offered through the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, our Payment Terms & Limitations, our Responsible Gaming Policy, our Fairness of Play Disclosures, our Promotional & Referral Terms, and our Complaint & Dispute Resolution Policy (collectively, the "Agreements"). If you do not agree to these Terms, you must not access or use the Platform.

Section 17 (Dispute Resolution) contains a binding arbitration clause and a class-action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes (unless otherwise required by law) related to the Platform through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions, as set forth in Section 17. You have the right to opt out of the arbitration clause and class-action waiver as explained in Section 17.7.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and, where practicable, by sending notice to the email address associated with your account. Your continued use of the Platform after such notice constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform.

1.Introduction and Acceptance of Terms

These Terms govern your access to and use of the Platform. Please read these Terms carefully, as they include important information about your legal rights. By accessing or using the Platform, you agree to these Terms. If you do not understand or agree to these Terms, you may not use the Platform.

For purposes of these Terms, "you" and "your" means you as the Player. If you use the Platform on behalf of an entity, you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

2.Eligibility

2.1Age Requirements

You must be at least eighteen (18) years of age to create an account on the Platform. In certain jurisdictions, you must be at least twenty-one (21) years of age to participate in cash-entry contests. You represent and warrant that you meet the applicable minimum age requirement in your jurisdiction.

We verify age through our identity verification process described in Section 4.3. If we determine that you do not meet the minimum age requirement, your account will be suspended, any pending contest entries will be cancelled, and your deposited funds (less any entry fees for contests already adjudicated) will be returned to you in accordance with our Payment Terms & Limitations.

2.2Geographic Restrictions

The Platform is available only in jurisdictions where skill-based contests for prizes are permitted by applicable law. Cash-entry contests are currently available only in the following United States jurisdictions: Alaska, California, the District of Columbia, Illinois, Kansas, Kentucky, Maine, Maryland, Minnesota, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, Texas, West Virginia, Wisconsin, and Wyoming (collectively, the "Eligible Jurisdictions"). The list of Eligible Jurisdictions may change as laws and regulations evolve and as Deku Studios elects, in its discretion, to phase additional states into cash-entry play.

Free-play contests using the in-app virtual currency ("Acorns") are available in all United States jurisdictions, subject to age and account-eligibility requirements.

You represent and warrant that you are physically located in an Eligible Jurisdiction at the time you enter any cash-entry contest. We verify your location using GPS-based geolocation technology, IP-based geolocation, and active VPN/proxy detection. You must grant the Platform permission to access your device's location services to participate in cash-entry contests. You may not use any technology or technique to mask, alter, or misrepresent your physical location, including without limitation virtual private networks ("VPNs"), proxy servers, GPS spoofing tools, remote-desktop access, or virtual machines located in a different jurisdiction.

If you are found to be participating in cash-entry contests from a restricted jurisdiction, your contest entries will be voided, any prizes will be forfeited, and your account may be suspended or terminated.

2.3One Account Per Person

Each individual may maintain only one (1) account on the Platform. Creating or controlling multiple accounts is prohibited. If we determine that you control multiple accounts, all such accounts may be suspended or terminated and any associated balances may be forfeited to the extent permitted by applicable law.

2.4Employees and Affiliates

Employees, officers, directors, members, and contractors of Deku Studios LLC, and their immediate family members (defined as spouses, domestic partners, parents, children, and siblings), are prohibited from participating in cash-entry contests on the Platform.

3.Nature of the Platform: Skill-Based Contests

3.1Contests of Skill

The Platform hosts contests in which the outcome is determined predominantly by the skill of the participants. Deku Studios games are not games of chance and do not constitute gambling. Each contest is designed so that participants with greater skill — including, as applicable to the contest title, vocabulary breadth, deductive reasoning, pattern recognition, working memory, processing speed, motor precision, hand-eye coordination, route optimization, risk-reward judgment, and time-sensitive decision-making — have a material and demonstrable advantage over less-skilled participants.

3.2Identical Starting Conditions

All participants in a given contest receive identical, deterministically seeded starting conditions — the same letter grid (Glyphs), the same procedurally assembled level (Volt Dash and Overgrowth), or the same puzzle with a unique solution (Nines). No participant has a random advantage over any other participant. The shared-seed methodology ensures that differences in outcomes are attributable to differences in skill, not luck.

3.3Deterministic Scoring

Scores are calculated server-side using deterministic rules applied uniformly to all participants. There are no random multipliers, bonus draws, dice rolls, card draws, randomized power-ups, or other chance-based mechanics that affect scoring during gameplay. The scoring rules for each contest title are disclosed in the applicable Fairness of Play Disclosures.

3.4Asynchronous Format

Contests are conducted asynchronously. Each participant plays independently against the same seeded content within a defined tournament window. There is no real-time head-to-head interaction between participants during gameplay.

3.5Not a Sweepstakes-Casino Product; Not a Fantasy Sports Contest

The Platform is a skill-based contest platform and is not, and does not operate as, a "sweepstakes casino," a dual-currency sweepstakes-casino-style product, an online casino, a slot machine, a roulette wheel, a card-shuffle-determinative game, or any other gambling product. The Platform does not offer any game of chance, any game in which outcomes are resolved through the operation of a random-number generator or other traditional chance-resolving device during play, or any game in which winnings of a virtual currency are redeemable for items of monetary value. This Section 3.5 confirms the Platform's compliance with California Assembly Bill 831 (Stats. 2025, ch. 416), effective January 1, 2026, and analogous state-law frameworks.

The Platform is also not, and does not operate as, an "interactive fantasy sports contest" within the meaning of N.Y. Rac. Pari-Mut. Wag. & Breed. Law § 1400(7) or any analogous state-law fantasy-sports framework. The Platform does not involve the selection or management of any roster of athletes, does not reference or depend upon the performance of any human athlete or any sporting event, and does not award prizes based on the statistical performance of athletes or teams in actual sporting events.

4.Account Registration and Security

4.1Account Creation

To use the Platform, you must create an account by providing accurate and complete information, including a valid email address. You may sign in using Apple Sign-In, Google Sign-In, or email-based authentication. You agree to keep your account information current and accurate. You agree not to create any account if we have previously suspended or terminated your account or banned you from any of the Platform's services, unless we provide written consent otherwise.

4.2Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at security@deku.net if you become aware of any unauthorized use of your account or any other breach of security.

4.3Identity Verification (KYC) and AML Screening

Before processing your first withdrawal of funds, and at any other time we deem necessary, we will require you to complete identity verification ("Know Your Customer" or "KYC") through our third-party verification provider. The KYC workflow includes government-issued photo-identification document verification, biometric liveness detection, biometric face-match comparison between the live capture and the photo-identification document, anti-money-laundering ("AML") screening against the U.S. Department of the Treasury Office of Foreign Assets Control ("OFAC") sanctions lists, politically-exposed-persons ("PEP") databases, and other applicable international sanctions lists, and IP-address analysis to detect proxy, VPN, Tor, and other anonymization-network usage.

You consent to the collection, processing, and verification of your identity information as described in our Privacy Policy. Failure to complete identity verification will result in an inability to withdraw funds from your account. If we determine that you appear on a sanctions list or are engaging in transactions prohibited under applicable economic sanctions and embargoes, we will block your account and take all actions required by law, including filing a blocked-assets or rejected-transaction form with OFAC where required.

4.4Tax Information

United States federal tax law requires us to report contest winnings under 26 U.S.C. § 6041(a) and related provisions. If your net winnings in a calendar year reach or exceed two thousand dollars ($2,000) — the applicable Form 1099-MISC reporting threshold for calendar year 2026, as confirmed by IRS Publication 1099 (2026) — we will require you to provide your Social Security Number ("SSN") or Individual Taxpayer Identification Number ("ITIN") and to complete an IRS Form W-9. We will issue an IRS Form 1099-MISC (Box 3, Other income) for the applicable tax year. If you fail to provide your SSN or ITIN when required, we may be obligated to apply backup withholding under 26 U.S.C. § 3406 to your subsequent payments and remit the withheld amount to the Internal Revenue Service on your behalf, or to suspend your account or withhold further payments until the required information is provided. You are solely responsible for the payment of any federal, state, and local taxes owed on your contest winnings. Our payment processor may issue Form 1099-K separately for payments meeting the threshold of 26 U.S.C. § 6050W.

You may access a summary of your annual contest activity (entries, winnings, and net results) through your account settings or by contacting support@deku.net.

5.Contests and Gameplay

5.1Contest Entry

To enter a cash-entry contest, you must (a) have a sufficient cash balance in your Platform wallet, (b) be physically located in an Eligible Jurisdiction, and (c) satisfy the eligibility requirements in Section 2. Entry fees are deducted from your wallet at the time you join a contest.

5.2Entry Fee Tiers

Contests are offered at various entry-fee tiers, which are displayed to you before you join. Current entry-fee tiers range from $1 to $50 per contest. We may add, remove, or modify entry-fee tiers at our discretion, subject to pre-entry disclosure.

5.3Minimum Participants

Each contest requires a minimum of three (3) participants to proceed ("fire"). If a contest does not reach the minimum number of participants within the contest window, the contest is cancelled and all entry fees are refunded in full to each participant's Platform wallet.

5.4Contest Window

Each contest has a defined time window during which participants may join (the "Tournament Window"). The Tournament Window begins when the first participant joins and runs for a fixed period (currently fifteen (15) minutes for Glyphs, Volt Dash, and Overgrowth; thirty (30) minutes, or forty-five (45) minutes for Expert tier, for Nines). Once joined, each participant has a per-participant play window within which the contest must be completed. Participants who join but do not complete the contest within the applicable window will receive a score of zero (0) for the unsubmitted portion of the contest.

5.5Prize Pool and Platform Fee

A portion of the total entry fees collected for each contest is retained by Deku Studios as a platform fee. The platform fee is currently set between fifteen percent (15%) and twenty percent (20%) of total entry fees, with approximately twenty percent (20%) the typical configuration. The remainder constitutes the prize pool. The total prize pool, the platform-fee percentage, and the prize-distribution schedule are shown to you before you enter any contest. We reserve the right to modify the platform-fee percentage, provided that any changes are disclosed before contest entry.

5.6Prize Distribution

Prizes are distributed from the prize pool to the top-placing participants according to a fixed distribution schedule. The current distribution for contests with three (3) or more participants is:

• First place: sixty percent (60%) of the prize pool
• Second place: thirty percent (30%) of the prize pool
• Third place: ten percent (10%) of the prize pool

5.7Tie-Breaking

In the event of tied scores, ties are resolved according to the procedures set forth in the applicable Fairness of Play Disclosures for the relevant contest title. If a tie is not resolved by any applicable tiebreaker procedure, the prize allocated to the tied positions is divided equally among the tied participants. The Platform does not employ any coin flip, random drawing, dice roll, random-number-generator selection, or other chance-based mechanism in tiebreaker resolution.

5.8Contest Results and Finality

Contest results are calculated server-side after all participants have completed their gameplay or the Tournament Window has expired, whichever occurs first. Results are final once posted, subject only to review for suspected cheating, technical errors, or formal dispute under the Complaint & Dispute Resolution Policy. We reserve the right to void results, withhold prizes, or adjust standings if we determine, after human review, that a contest was affected by cheating, technical malfunction, or other irregularity.

5.9Refunds for Technical Issues

If a technical issue attributable to the Platform (such as a server outage or a verified Platform-side application crash) prevents you from completing a contest, we will refund your entry fee for that contest. Technical issues attributable to your device, your network connection, or third-party services are not eligible for refunds. Refund determinations are subject to the Complaint & Dispute Resolution Policy.

6.Free Play, Virtual Currency, and Bonus Cash

6.1Acorns

The Platform offers a free-to-play virtual currency called "Acorns" that may be used to enter free-play contests. Acorns are awarded to Players at no cost as part of Platform engagement, including (i) account-registration bonuses, (ii) daily-login rewards, (iii) tournament winnings in Acorn-denominated contests, and (iv) other free promotional events from time to time. Acorns are not available for purchase. Deku Studios does not sell Acorns, and Acorns cannot be obtained in exchange for cash, cryptocurrency, gift cards, or any other consideration.

6.2No Cash Value of Acorns

Acorns have no cash value and cannot be redeemed for cash, gift cards, cryptocurrency, or any other items of monetary value. Acorns cannot be transferred between accounts, sold, or withdrawn from the Platform. Acorns are not prizes, winnings, sweepstakes entries, or consideration of any kind. Acorns are not exchangeable for entries into cash-entry contests. This Section 6.2 confirms the Platform's compliance with California Assembly Bill 831 (Stats. 2025, ch. 416) and analogous state-law frameworks prohibiting sweepstakes-casino structures.

6.3License to Acorns

Your Acorns balance constitutes a limited, non-transferable, revocable license to use virtual items within the Platform. Deku Studios retains all right, title, and interest in Acorns. We may modify the availability, pricing, or earning rates of Acorns at any time. Upon termination of your account for any reason, your license to any Acorns balance shall be immediately terminated without compensation.

6.4Bonus Cash

Deku Studios may, at its sole discretion, offer promotional credits in the form of "Bonus Cash." Bonus Cash is issued for prepaid contest entries only and may be used only for that purpose. Bonus Cash is not real currency, is not a deposit, and does not represent funds held on your behalf. By accepting Bonus Cash, you agree to the terms set forth in this Section 6 and in the Promotional & Referral Terms.

6.5Bonus Cash — Permitted Use and Restrictions

Bonus Cash may be used solely to pay contest entry fees on the Platform. When entering a cash-entry contest, while your real (deposited) cash balance is non-zero, five percent (5%) of the entry fee is drawn from your Bonus Cash balance (where available) and the remaining ninety-five percent (95%) is drawn from your real cash balance. Once your real cash balance is exhausted, the entire entry fee is drawn from Bonus Cash. The following restrictions apply to Bonus Cash:

• No Withdrawal: Bonus Cash cannot be withdrawn, cashed out, transferred to another player, or converted to real currency under any circumstances.
• No Cash Value: Bonus Cash has no monetary value outside the Platform. It is not redeemable for cash and does not represent a balance of funds held on your behalf.
• Forfeiture on Withdrawal: Upon any withdrawal of funds from your Platform wallet, all unused Bonus Cash will be immediately and permanently forfeited. You will be notified of the pending forfeiture before confirming your withdrawal.
• Non-Transferable: Bonus Cash is personal to you and may not be transferred, sold, bartered, or traded to any other person or account.

6.6Bonus Cash — Prizes and Refunds

Contest prizes won while using Bonus Cash (in whole or in part) to pay entry fees are credited to your real cash balance and are fully withdrawable, subject to the withdrawal terms in Section 7. If a contest is cancelled or refunded, the entry fee is returned to its original source: the real cash portion is refunded to your cash balance, and the Bonus Cash portion is refunded to your Bonus Cash balance.

6.7Bonus Cash — Expiration and Modification

Deku Studios reserves the right, at its sole discretion, to set expiration dates on Bonus Cash grants, to modify the terms of any promotional offer, to limit the amount of Bonus Cash that may be accumulated, or to discontinue Bonus Cash promotions at any time, with or without notice. Expired or forfeited Bonus Cash will not be reinstated.

6.8Promotional Offers Generally

Deku Studios may from time to time offer promotions, referral bonuses, deposit bonuses, leaderboard prizes, or other incentive programs. Each promotional offer may have its own terms, which will be communicated at the time of the offer. In the event of a conflict between the terms of a specific promotion and these Terms, the promotion-specific terms shall control. The Promotional & Referral Terms apply to all such offers. Deku Studios reserves the right to revoke or modify any promotional offer if it determines, in its sole discretion, that a Player has engaged in abuse, fraud, or manipulation of the promotion, including the creation of multiple accounts, collusion with other Players, or exploitation of technical errors.

6.9Modification and Termination of Virtual Items

Deku Studios may, at any time and without prior notice, modify, suspend, or discontinue any aspect of Acorns, Bonus Cash, or any other virtual items or promotional credits offered on the Platform, including their earning rates, redemption values, availability, and expiration terms. In the event of account termination (whether by you or by Deku Studios), all Acorns and Bonus Cash balances are immediately forfeited without compensation, to the extent permitted by applicable law.

7.Wallet, Deposits, and Withdrawals

7.1Platform Wallet

Each Player has a Platform wallet that holds the Player's cash balance. The wallet is used to pay contest entry fees and to receive contest prizes. Your wallet balance represents funds held by Deku Studios on your behalf, does not accrue interest, and is not a bank account, deposit account, or investment account.

7.2Player Fund Segregation

Player funds are held in a dedicated, segregated deposit account at an FDIC-insured banking partner, separate from Deku Studios' operating funds. Player deposits are not used for company operations and are available for withdrawal subject to the terms described herein and in our Payment Terms & Limitations.

7.3Deposits

You may deposit funds into your Platform wallet using a credit card, debit card, ACH bank transfer, or PayPal. Deposits are processed through our third-party payment processors. Minimum and maximum deposit amounts, processing times, and any applicable fees are described in our Payment Terms & Limitations.

7.4Withdrawals

You may request a withdrawal of available funds from your Platform wallet at any time, subject to:

• Identity Verification: You must complete KYC verification (see Section 4.3).
• Minimum Withdrawal: Withdrawals are subject to the minimum-withdrawal amount described in our Payment Terms & Limitations.
• Processing Time: Typically one (1) to five (5) business days depending on the withdrawal method.
• Withdrawal Review: Withdrawal-review thresholds, fraud or compliance alerts, and any active investigation or unresolved chargeback may delay processing.

7.5Chargebacks and Disputes

If you initiate a chargeback or payment dispute with your bank, card issuer, or PayPal, we reserve the right to immediately suspend your account pending investigation. If a chargeback is determined to be fraudulent or in bad faith, your account may be permanently terminated and any remaining balance forfeited to the extent permitted by applicable law. We will cooperate with payment processors in responding to chargeback claims and may submit evidence including transaction records, gameplay data, and account activity. Please contact disputes@deku.net before initiating a chargeback; direct resolution is faster and avoids account consequences.

8.Responsible Gaming

Deku Studios is committed to providing a safe and enjoyable entertainment experience and provides tools to help you manage your activity on the Platform. The Responsible Gaming Policy describes the player-protection tools available, including player-configurable deposit limits, self-exclusion (1–365 days), and cooling-off periods. If you or someone you know may have a problem with gaming, please contact the National Council on Problem Gambling at 1-800-522-4700 or visit https://www.ncpgambling.org.

9.Prohibited Conduct

You agree that you will not, and will not assist or enable any third party to:

• Cheating and unfair advantage: use any automated program, bot, script, macro, autoclicker, external solver tool, or other software to play contests or interact with the Platform; use any device, tool, or technique to gain an unfair advantage over other participants; exploit any bug, glitch, or vulnerability in the Platform or any contest; collude with other participants to manipulate contest outcomes; or share or sell account access for the purpose of having a more skilled person compete under your account.
• Fraud and financial misconduct: deposit funds using a payment method you are not authorized to use; engage in money laundering, structuring, terrorist financing, or other financial crimes; initiate fraudulent chargebacks or payment disputes; or attempt to circumvent deposit limits, withdrawal restrictions, or self-exclusion periods.
• Platform integrity: create or control more than one account; misrepresent your age, identity, or location; use a VPN, proxy, GPS spoofing tool, remote-desktop access, virtual machine, or any other means to circumvent geographic restrictions; reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform or any contest; interfere with or disrupt the Platform, servers, or networks connected to the Platform; or harvest, scrape, or collect user data, gameplay data, or other information from the Platform.

Violation of this Section 9 may result in one or more of the following at our sole discretion: warning, temporary suspension, permanent account termination, forfeiture of wallet balance and any pending prizes, voiding of contest results, and reporting to applicable law-enforcement authorities. Full enforcement procedures are set forth in the Acceptable Use Policy.

10.Anti-Cheat and Fair Play

10.1Monitoring

We employ anti-cheat systems to maintain the integrity of contests. These systems may monitor gameplay data including input patterns, timing, scoring anomalies, device information, and behavioral signals. By using the Platform, you consent to this monitoring.

10.2Flagging and Review

Gameplay sessions that exhibit anomalous patterns may be flagged for human review by our trust-and-safety team. We will not take adverse action based solely on automated detection. All enforcement actions involving account penalties or prize forfeiture are subject to human review.

10.3Appeals

If your account is suspended or your contest results are voided due to an anti-cheat determination, you may appeal by contacting fairplay@deku.net within fourteen (14) days. Appeals will be reviewed within fourteen (14) business days. Full appeal procedures are set forth in the Complaint & Dispute Resolution Policy.

11.Intellectual Property

11.1Platform Ownership

The Platform, including all contests, software, content, designs, graphics, text, data, and other materials (collectively, "Platform Content"), is the exclusive property of Deku Studios LLC or its licensors and is protected by copyright, trademark, patent, trade-secret, and other intellectual-property laws. "Deku Studios," "Deku," "Glyphs," "Volt Dash," "Overgrowth," "Nines," "VOLT," and associated logos are trademarks of Deku Studios LLC. All other trademarks appearing on the Platform are the property of their respective owners.

11.2Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal, non-commercial entertainment purposes. This license does not include the right to modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Platform Content.

11.3Player Content

You retain ownership of any content you submit to the Platform (such as a display name, avatar selection, or feedback). By submitting content, you grant Deku Studios a worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, reproduce, modify, create derivative works of, distribute, display, and perform such content in connection with the operation of the Platform.

11.4DMCA

If you believe that any content on the Platform infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"), to our designated agent at legal@deku.net. Your notice must include: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location on the Platform; (c) your contact information; (d) a statement of good-faith belief; and (e) a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

12.Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our data practices as described in the Privacy Policy.

13.Third-Party Services

The Platform integrates with third-party services for payment processing, identity verification, authentication, banking, edge security, and other functions. Your use of these third-party services is subject to their respective terms and privacy policies. Deku Studios is not responsible for the acts or omissions of third-party service providers, and any transactions or dealings between you and a third party are solely between you and that third party.

14.Disclaimers

14.1"As Is" Basis

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, DEKU STUDIOS DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

14.2No Guarantee of Availability

We do not guarantee that the Platform will be available at all times or that it will be free from errors, bugs, viruses, or interruptions. We may suspend or discontinue the Platform or any feature thereof at any time without prior notice.

14.3Assumption of Risk; No Guarantee of Winnings

By participating in any contest, you acknowledge that contests involve risk of loss of entry fees and there is no guarantee of prizes. You participate entirely at your own risk and discretion. You should not participate using funds you cannot afford to lose. Contest outcomes depend on your skill relative to other participants.

15.Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEKU STUDIOS, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF DEKU STUDIOS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE DEPOSITED INTO YOUR PLATFORM WALLET IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

16.Indemnification

You agree to indemnify, defend, and hold harmless Deku Studios LLC, its officers, directors, members, employees, agents, affiliates, successors, assigns, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) your violation of any third-party rights.

17.Dispute Resolution

17.1Match Result Disputes

If you believe a contest result was determined incorrectly due to a technical error, scoring malfunction, or other Platform issue, you may submit a match dispute through the Platform's in-app dispute process. Match disputes must be submitted within forty-eight (48) hours of the completion of the contested match through the "Dispute a Match" feature in Help & Support, with the Match ID and a written explanation of the issue. Each Player may submit only one (1) dispute per match. The match-dispute process is intended for technical or scoring issues only and is described more fully in the Complaint & Dispute Resolution Policy. Deku Studios' determination on match disputes is final, subject to your right to pursue informal resolution and binding arbitration under Sections 17.2 through 17.8.

17.2Informal Resolution

Before initiating any formal dispute-resolution proceeding, you agree to first contact us at disputes@deku.net and attempt to resolve the dispute informally for a period of at least thirty (30) days.

17.3Binding Arbitration

You and Deku Studios agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or your relationship with Deku Studios (collectively, "Disputes") that is not resolved through informal resolution shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (the "AAA Rules"). The arbitration shall be conducted in New York, New York, or at another location mutually agreed upon by you and Deku Studios. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You acknowledge and agree that you and Deku Studios are each waiving the right to a trial by jury.

17.4Class-Action Waiver

YOU AND DEKU STUDIOS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

17.5Mass-Arbitration Procedures

If twenty-five (25) or more similar claims are filed against Deku Studios within a sixty (60)-day period by claimants represented by the same or coordinated counsel ("Mass Arbitration"), the following procedures apply notwithstanding any contrary provision of the AAA Rules:

• (a) The parties will work in good faith to select a smaller number of representative bellwether claims (not more than ten (10)) to proceed first, with the remaining claims stayed pending the outcome of the bellwether arbitrations.
• (b) The results of the bellwether arbitrations will inform good-faith settlement discussions for the remaining claims, with claims that do not settle proceeding through additional bellwether rounds rather than simultaneous filings.
• (c) The parties may stipulate to alternative procedures intended to fairly and efficiently resolve a Mass Arbitration.
• (d) If AAA declines or is unable to administer the Mass Arbitration on terms substantially consistent with these procedures, the parties will use JAMS Streamlined Arbitration Rules and Procedures, with the bellwether procedure described above.

The applicable arbitration filing fees and administrative procedures will be governed by the AAA Rules (or JAMS rules, as applicable) and by this Section 17.5.

17.6Severability of Class-Action Waiver

The class-action waiver in Section 17.4 is an essential part of the arbitration agreement between you and Deku Studios. If the class-action waiver is found to be unenforceable as to any particular claim or remedy by a court of competent jurisdiction or by an arbitrator, then the entire arbitration agreement in this Section 17 shall be null and void as to that claim, and such claim shall instead proceed in a court of competent jurisdiction in New York, New York, with both parties retaining all rights to seek relief in such court. The remaining provisions of these Terms (including any other claims) shall remain in full force and effect.

17.7Opt-Out Right

You have the right to opt out of the arbitration agreement and the class-action waiver in this Section 17 within thirty (30) days of the date you first accept these Terms. To opt out, send written notification to: Deku Studios LLC, ATTN: Arbitration Opt-Out, 418 Broadway #11209, Albany, NY 12207, or by email to legal@deku.net with the subject line "Arbitration Opt-Out." Your written notification must include your full name, your account email, your account username (if any), and an unequivocal statement that you want to opt out of this arbitration agreement. Opting out will not adversely affect your account or your access to the Platform.

17.8Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual-property rights. In addition, you may pursue claims in a small-claims court of competent jurisdiction in your jurisdiction as an alternative to arbitration, for claims within the court's jurisdictional limits.

17.9Confidentiality

All dispute-resolution and arbitration proceedings under this Section 17 are confidential, except to the extent disclosure is required by law or by judicial process.

17.10Governing Law

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law provisions, except that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of the arbitration provisions of this Section 17.

18.Termination

18.1Termination by You

You may terminate your account at any time by contacting support@deku.net or through the in-app account-deletion process described in the Responsible Gaming Policy. Upon termination, you may withdraw any remaining cash balance in your wallet, subject to identity verification and applicable withdrawal-processing times. Acorns and other virtual items are forfeited upon account termination.

18.2Termination by Deku Studios

We may suspend or terminate your account at any time, with or without cause, and with or without notice, including for violation of these Terms, the Acceptable Use Policy, the Payment Terms & Limitations, the Promotional & Referral Terms, or any other Agreement. If we terminate your account without cause, you will be permitted to withdraw any remaining cash balance. If we terminate your account for violation of these Terms, any remaining balance may be forfeited to the extent permitted by applicable law.

18.3Effect of Termination

Upon termination, your license to use the Platform is immediately revoked. Sections 11 (Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (Dispute Resolution), and this Section 18.3 shall survive termination.

19.General Provisions

19.1Entire Agreement

These Terms, together with the Privacy Policy, the Acceptable Use Policy, the Payment Terms & Limitations, the Responsible Gaming Policy, the Fairness of Play Disclosures, the Promotional & Referral Terms, the Complaint & Dispute Resolution Policy, and any other documents expressly incorporated by reference, constitute the entire agreement between you and Deku Studios regarding the Platform and supersede all prior agreements and understandings.

19.2Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. The Section 17.6 severability provision applies specifically to the class-action waiver.

19.3Waiver

The failure of Deku Studios to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19.4Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

19.5Force Majeure

Deku Studios shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including without limitation natural disasters, pandemics, government actions, war, terrorism, labor disputes, power failures, internet disturbances, or third-party service-provider failures.

19.6Notices

Notices to you may be sent to the email address associated with your account or displayed as an in-app notification. You are responsible for keeping your email address current. Notices to us should be sent to legal@deku.net or by mail to Deku Studios LLC, 418 Broadway #11209, Albany, NY 12207.

19.7Apple Platform Disclaimer

Contests on the Deku Studios platform are not sponsored, endorsed, administered by, or associated with Apple Inc. Apple has no responsibility for any contest conducted on the Platform. Any questions, complaints, or claims regarding the Platform should be directed to Deku Studios, not Apple. To the extent you purchased a subscription or in-app purchase through the Apple App Store, you may be entitled to a refund from Apple under Apple Media Services Terms and Conditions, but Deku Studios is otherwise solely responsible for the Platform and its content.

19.8Google Play Platform Disclaimer

Contests on the Deku Studios platform are not sponsored, endorsed, administered by, or associated with Google LLC, Google Play, or any Google affiliate or subsidiary. Google has no responsibility for any contest conducted on the Platform. Any questions, complaints, or claims regarding the Platform (including disputes regarding contest entries, contest outcomes, or wallet balances) should be directed to Deku Studios, not Google. Deku Studios is solely responsible for the Platform and its content.

19.9Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

20.Contact Information

If you have questions about these Terms, please contact us:

Email: legal@deku.net

Support: support@deku.net

Website: https://deku.net

Mail: Deku Studios LLC, 418 Broadway #11209, Albany, NY 12207