PROSPORT.GURU INC. TERMS OF AGREEMENT
Last update: November 15, 2020
Welcome to ProSport.Guru Inc.
The following terms and conditions (these "Terms of Service"), govern your access to and use of the ProSport.Guru Inc. Web Site and Mobile App, including any content, functionality and services offered on or through www.prosport.guru (the "Site"), and ProSport.Guru Inc. (the “App”) provided on Google Play Store and Apple Store by ProSport.Guru Inc. (Ontario, Canada).
ProSport.Guru Inc. is a free app for sports fans to play sports picks and a marketplace platform for sports services performed by its users.
This App is offered and available to users who are 19 years of age or older, or to any user who has reached the legal age to gamble or to form any contractual agreement. If you are below the age requirement, you may not use this app or the ProSport.Guru Inc. services. By using this app, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.
Players are users who engage in sport games through ProSport.Guru Inc.
Coins is a term used in the app and “coins” has no real money currency value.
Players collect and win “coins” by playing other players and achieving bonus and loyalty status within the ProSport.Guru Inc. website or app. Coins can be also purchased within the app.
Spreads is the type of scoring system used in ProSport.Guru Inc.
Rewards can be redeemed for rewards within the ProSport.Guru app only.
Buyers are users who purchase sports picks on ProSport.Guru Inc.
Profile Page is where users showcase their recent pick stats and available picks to purchase as well as see details of the games they play and the rate of their performances.
Picks a group of picks makes up a game. Players may play a group of particular sports picks with other players for free or for coins.
Over / Under picks are tracked and organized separate from Game Spread picks and are based on a total score.
Buying Picks are requests made by a buyer to receive a sports pick from the seller for the required game(s) selected.
Purchases are the formal agreement between a buyer and seller after a purchase was made from the seller.
Disputes are disagreements between players or a buyer and seller on ProSport.Guru Inc.
Revenue is the money players earned from games being played or sellers earn from completed purchases.
Sales Balance is cleared revenue from completed orders for sellers / gamers to withdraw or use to purchase sports picks.
ProSport.Guru Inc. Balance is credit collected from revenue generated through playing games for money.
Only registered users may engage in any sporting activity or buy / sell any sport services on ProSport.Guru Inc. Registration is free.
Picks made on ProSport.Guru Inc. are user generated content. However, ProSport.Guru Inc. retains the right to use all published / delivered sports pick expertise for ProSport.Guru Inc. marketing and promotion purposes.
Sports picks may be purchased using PayPal and any other payment means accepted on ProSport.Guru Inc.
Picks that are purchased are sent from the Messenger within the app and emailed.
Picks may contain an approved Video uploaded through the Pick button available on ProSport.Guru Inc.
Statements on the Video upload that undermine or circumvent these Terms of Service are prohibited.
Each user’s rating is calculated based on sports picks verses the spread (wins and losses).
Users are responsible for scanning all transferred files for viruses and malware. ProSport.Guru Inc. will not be held responsible for any damages which might occur due to app usage, use of content or files transferred.
Users may be removed by ProSport.Guru Inc. for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
Illegal or Fraudulent person or persons
Adult oriented services, Pornographic, Inappropriate/Obscene
Spam, Nonsense, or Violent Gigs
Picks or messages misleading to other users
Users that are removed for violations mentioned above may result in the suspension of the user’s account.
Users that are removed for violations are not eligible to be restored or edited.
Users may be removed from our Search feature due to poor performance and/or user misconduct.
We encourage our users to try and settle conflicts amongst themselves. If for any reason this fails, users can contact ProSport.Guru Inc.'s Customer Support department for assistance here.
PROSPORT.GURU INC. PLAYERS
A player can play for free or for coins which have no real currency value within the ProSport.Guru Inc. website or app.
There are three options available to players on ProSport.Guru Inc.: One on One, Heads Up and Sports Booth. To initiate a game, a Player can select any of the three options.
One on One involves playing with Debbie, the platform Artificial Intelligence agent, while Heads Up involves playing with another user. The Sports Booth permits you to play with a minimum of 3 Players and a Maximum of 10 Players.
You are allowed to invite anyone from any part of the world to play with you. The invited user can decide to accept reject your invite.
To play a game for coins (coins have real currency value), you can play for 1,000 or 2,000 or 5,000 coins. If there is a draw, the coins is shared to each player with the most wins.
As a player, you agree to play by the rules, and avoid any illegal or fraudulent act in an attempt to have the most wins.
Each player is allowed to send direct messages to one another during a game. When communicating with fellow player, you are not allowed to be rude, offensive, abusive, racist, obscene or condemning. If found guilty of the preceding, your account can be suspended or terminated based on sole discretion.
Each game allows users to earn coins (coins have real currency value). Users can also earn coins from loyalty, reward and promotional tournaments and programs. Coins earned from playing with Debbie, the platform AI agent, or through loyalty, reward and promotional programs can only be redeemed as prizes. There are a range of prizes (including t-shirts, caps and sweaters) for such coins on the platform.
Sellers offer sports picks to buyers for $1 CDN
ProSport.Guru Inc. offers a base deposit price of $5 CDN (or its equivalent in coins) if seeking to purchase sports picks.
Buyers pay ProSport.Guru Inc. in advance to create a sports pick purchase.
Purchases are made through the Purchase button found on a profile page or throughout the app.
Sellers must fulfill their orders, and may not cancel orders without cause. Cancelling orders will affect sellers’ reputation and status.
Sellers gain account statuses (Levels) based on their sports pick performance and reputation.
Users may not offer or accept payments using any method other than placing an order through ProSport.Guru Inc.
Each order you sell and successfully complete, accredits your account with a net revenue of 90% of the purchase amount.
ProSport.Guru Inc. accredits sellers once an order is completed and the pick of the game that was purchased is official.
If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s profile Balance.
To withdraw your revenue, you must have an account with at least one of ProSport.Guru Inc.'s withdrawal methods.
Your ProSport.Guru Inc. profile can be associated with only one account from any ProSport.Guru Inc. withdrawal methods. A withdrawal provider account can be associated with only one ProSport.Guru Inc. profile.
In relation to selling picks, revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 7 to 14 days after the order is marked as complete.
To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
Withdrawals can only be made in the amount available to you.
Withdrawal fees will vary but a minimum fee of $10.00 CDN will be deducted by ProSport.Guru Inc. on the withdrawal method. (Additional fees may apply based on your location and currency).
Withdrawals are final and cannot be undone. We are not able to refund or change this process once it has begun.
For security concerns, ProSport.Guru Inc. may temporarily disable a user’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behaviour reported by fellow users, or associating multiple ProSport.Guru Inc. accounts to a single withdrawal provider.
Users will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to ProSport.Guru Inc.'s approval.
You may not offer direct payments to sellers using payment systems outside of the ProSport.Guru Inc. Order system.
Buyers pay ProSport.Guru Inc. to create an order from a seller’s profile page using the Purchase and Checkout buttons.
If you have funds in your account balance, either from depositing or available Revenue balance, it will be automatically applied to your next purchase, but only in the event that your balance covers the entire purchase amount.
Once payment is confirmed, your order will be created and a purchase receipt will be emailed along with your ProSport.Guru Inc. account credited order number.
When a buyer purchases a pick, the seller is notified by email as well as notifications on the app while logged into the account.
A Seller may cancel an order without the buyer's consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller's status.
Fees and Payment
For fees and payments. please read below.
There is a $10 CDN withdrawal fee when withdrawing funds from the sellers account.
You may not offer sellers to pay, or make payment using any method other than through the ProSport.Guru Inc. app. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
Disputes and Cancellations
We encourage our users to contact ProSport.Guru Inc.'s Customer Support team for assistance to any disputes or cancellations.
Order cancellations can be performed on ProSport.Guru Inc., when eligible, by the Customer Support team.
Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
In the event that any user encounters an issue related to the service provided in an order, you are encouraged to contact ProSport.Guru Inc. Customer Support Team.
ProSport.Guru Inc. reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the App.
All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the sports pick and the delivery may not be used if payment is cancelled for any reason.
If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
Requesting to gain more services from sellers beyond the agreed requirements by using the ProSport.Guru Inc. app is not allowed.
Eligibility for requests to ProSport.Guru Inc. to cancel an order will be assessed by our Customer Support Team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the ProSport.Guru Inc. delivery system. See below for Order specific eligibility.
Completed purchases may only be cancelled, upon review of our Customer Support Team.
Purchases are not eligible to be cancelled based on the quality of service/materials delivered by the seller.
The Customer Support Team will not take any action against purchases where the buyers failed to inform their seller of issues related to the seller’s service and will allow sellers to provide a resolution first. This does not include non-permitted usage of ProSport.Guru Inc.
Any non-permitted usage of ProSport.Guru Inc. encountered during any purchases, after being reviewed by our Customer Support Team, may result in the purchase being cancelled. This includes, but not limited to: harassment, unlawful behavior, or other violations to ProSport.Guru Inc.’s Terms of Service.
In the event of a push (that is, a draw after a game) between two players, the coins (coins have real currency value) played are returned to each player.
ProSport.Guru Inc. does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the buyer's balance as credit and are available for future purchases on ProSport.Guru Inc. Funds returned to your balance from cancelled orders will not include processing fees paid.
Deposit refunds, when available from the payment provider, can be performed by our Customer Support Team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support Team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will not be refunded along with your deposit.
To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate games or sales executed exclusively through the ProSport.Guru Inc. platform from users within our Community. Games or purchases arranged, determined to artificially enhance any user’s ratings, or to abuse the ProSport.Guru Inc. platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
Through mutual cancellations, any user may not solicit the removal of feedback reviews from the user who provided such feedback.
Users are to refrain from spamming or soliciting previous Players, Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
USER CONDUCT AND PROTECTION
ProSport.Guru Inc. enables people around the world to engage in different sporting activities as well as to create, share, sell and purchase nearly any sports picks they desire at an unbeatable value. Services offered on ProSport.Guru Inc. reflect the diversity of an expanding sports pick economy. Members of the ProSport.Guru Inc. community communicate and engage through messenger, social media, and on ProSport.Guru Inc.’s Community Forums.
ProSport.Guru Inc. maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of ProSport.Guru Inc.. This section relates to the expected conduct users should adhere to while interacting with each other on ProSport.Guru Inc.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support Team.
To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of ProSport.Guru Inc. in order to circumvent or abuse the ProSport.Guru Inc. messaging system or ProSport.Guru Inc. platform is not permitted.
Any necessary exchange of personal information required to continue a service may be exchanged within the Messenger page.
ProSport.Guru Inc. does not provide any guarantee of the level of service offered to any user. You may use the dispute resolution tools provided to you on your page.
ProSport.Guru Inc. does not provide protection for users who interact outside of the ProSport.Guru Inc. platform.
All information and file exchanges must be performed exclusively on ProSport.Guru Inc.'s platform.
Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
Users with the intention to defame competing sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Responsibility team.
ProSport.Guru Inc. reviews cases of payment provider chargebacks and disputes on behalf of sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the seller’s favor. If the chargeback case allows, ProSport.Guru Inc. will return parts or full revenue back to sellers.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Customer Support Team. A warning will be sent to the user's email address and will be displayed for such user on the App. Warnings do not limit account activity, but can lead to your account losing user statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography - ProSport.Guru Inc. does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on ProSport.Guru Inc. should be friendly, constructive, and professional. ProSport.Guru Inc. condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam - ProSport.Guru Inc. takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members’ privacy by not contacting them for commercial purposes without their consent.
Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Messenger page. Users further confirm that whatever information they receive from other users, which is not public domain, shall not be used for any purpose whatsoever beyond the App. Any users who engage and communicate off of ProSport.Guru Inc. will not be protected by our Terms of Service.
Intellectual Property Claims - ProSport.Guru Inc. will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use - You may not use ProSport.Guru Inc. for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Users may not create more than one Account with ProSport.Guru Inc. In addition, we do not allow more than one Account with the same Mailing Address or/and more than one Account using the same Computer, device or IP. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the ProSport.Guru Inc. community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to ProSport.Guru Inc.’s Terms of Service is cause for permanent suspension of all accounts and earnings removed.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on ProSport.Guru Inc. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell ProSport.Guru Inc. accounts.
WIRELESS AND LOCATION-BASED FEATURES; SOCIAL MEDIA PLUG-INS
The online services may offer certain features and services that are available to you via your wireless device. These features and services may include the ability to access the online services’ features and upload content to the online services, receive messages from the online services, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your carrier with any other questions regarding these issues.
Terms of Wireless Features
In addition, where ProSport.Guru Inc. App collects precise information about the location of your devices, it will be used to provide requested location services, and, depending on the particular Mobile App it may be used, amongst other uses, to allow tagging or to check-in.
Some Mobile App(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate device location tracking by us by uninstalling any Mobile App(s) or feature(s). The location-based services offered in connection with our Mobile App(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use – other non-ProSport.Guru Inc. products exist today that may be used specifically for these purposes.
Social Media Plug-Ins
Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (amongst others) are integrated on our Site and other online services. Where our online services contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you chose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g. you press the Facebook “Like” feature, the Twitter “Tweet this” feature and Google Plus “1+” button or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit our online services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc., then you may be permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow etc.).
ProSport.Guru Inc. reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the App or services.
Violation of ProSport.Guru Inc.'s Terms of Service may get your account disabled permanently.
Users with disabled accounts will not be able to participate in any activity on ProSport.Guru Inc.
Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
Users have the option to enable account Security features to protect their account from any unauthorized usage.
Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
ProSport.Guru Inc. may make changes to its Terms of Service from time to time. When these changes are made, ProSport.Guru Inc. will make a new copy of the Terms of Service available on this page. It is the responsibility of the users to review regularly.
You understand and agree that if you use ProSport.Guru Inc. after the date on which the Terms of Service have changed, ProSport.Guru Inc. will treat your use as acceptance of the updated Terms of Service.
By using ProSport.Guru Inc. Services, you agree to receive electronic communications including but not limited to notifications regarding our services. The electronic communication is a part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
User Generated Content
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the App. All content uploaded to ProSport.Guru Inc. by our users is User Generated Content. ProSport.Guru Inc. does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, ProSport.Guru Inc. is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the sports picks, their delivery, and any communications between users. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate sports pick offers.
By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on ProSport.Guru Inc.. Sellers advertising their sports picks online must comply with laws and terms of service of the advertising platform or relevant web / app used to advertise. Failing to do so may result in removal of the sports picks and may lead to the suspension of user’s account.
Disclaimer of Warranties
YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB / APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB / APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROSPORT.GURU INC. NOR ANY PERSON ASSOCIATED WITH PROSPORT.GURU INC. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEB / APP.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The App has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the web / app, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the web / app. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated web app, please refer to the English version of the web / app which is the official version.
Limitation on Liability
IN NO EVENT WILL PROSPORT.GURU INC., ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEB / APP, ANY WEBS / APPS LINKED TO IT, ANY CONTENT ON THE WEB / APP OR SUCH OTHER WEBS / APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB / APP OR SUCH OTHER WEBS / APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Contact our ProSport.Guru Inc. Customer Support team if you have any questions regarding the Website or App or Terms of Service.