Terms of Service

1) Who we are & what these Terms cover

These Terms of Service ("Terms") are a contract between you and Bluebird Labs LLC ("Bluebird," "we," "us," "our"). They apply to Bragging Rights and any other Bluebird websites, apps, or services that link to these Terms (collectively, the "Services"). If a specific product posts different terms, those control for that product.

By accessing or using the Services, you agree to these Terms and our Privacy Policy.

2) What the Services are (and are not)

• Simulated gambling only. The Services enable users to propose and accept head-to-head challenges on real sporting events using fictional, non-redeemable credits ("Credits"). Credits have no cash value, are not property, are not transferable, and cannot be sold, traded, or redeemed inside or outside the Services.
• No sportsbook / no payouts. Bluebird is not a bookmaker and does not operate a house, pool, or sweepstakes. There are no cash prizes and no merchandise awards.
• Informational odds. Lines, spreads, totals, prop odds, and results presented in the Services are informational and educational only and may be delayed, incomplete, or inaccurate. Do not rely on them for real-money decisions.
• Experimental features. We may label features "beta," "preview," or similar. Experimental features may change, break, or be removed without notice.

3) Eligibility; your account

• You must be at least 17 years old (or older where your local law requires).
• You are responsible for ensuring your use is lawful in your location and for complying with any applicable laws and league rules.
• Keep your login secure. You are responsible for activity on your account. We may suspend, limit, or terminate accounts at our discretion for violations, suspected fraud, or risk to users or the Services.

4) License; Credits; in-app balances

• We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services and Credits solely for personal entertainment within the Services.
• We may add, remove, adjust, reset, or expire Credits or in-app balances at any time (e.g., to fix errors, prevent abuse, or modify features). You do not own Credits or any in-app items.
• Using the Services to facilitate real-money betting or payouts is prohibited.

5) User conduct & content

You agree not to: harass others; post illegal, infringing, or deceptive content; use bots or automation; scrape; reverse engineer; bypass security; attempt to manipulate outcomes; or use the Services to promote real-money gambling.

Content you submit remains yours, but you grant Bluebird a worldwide, royalty-free, sublicensable license to host, display, adapt, and use that content only to operate, secure, and improve the Services. We may remove content or restrict access at our discretion.

6) Settlements, stats, and availability

• Events, odds, leaderboards, and results may be inaccurate or delayed; sources can change without notice.
• We may settle, correct, void, or reverse simulated bets and results to address errors or abuse.
• The Services may be unavailable (maintenance, outages, third-party failures). We may suspend or discontinue any part of the Services at any time.

7) Deleting bets; deleting your account

You can delete individual bets and request account deletion in the app. We will process deletions within a reasonable period (typically 30–90 days) and may retain minimal records and backups for up to 180 days (or longer if legally required) for security, anti-abuse, and auditing. See the Privacy Policy for details.

8) Third-party services; IP

The Services may link to or integrate third-party content/services (data feeds, hosting, messaging, analytics). Bluebird is not responsible for third-party terms, privacy, or availability.

All trademarks and team/league names belong to their respective owners and are used for identification and informational purposes only.

9) Disclaimers

THE SERVICES (INCLUDING ODDS, LINES, SCORES, AND OTHER DATA) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE IS AT YOUR OWN RISK.

10) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUEBIRD AND ITS OWNERS/MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF DATA, PROFITS, OR GOODWILL; OR ANY CLAIMS RELATED TO OUTAGES, ERRORS, OR DATA INACCURACY.

IF LIABILITY CANNOT BE DISCLAIMED, THEN OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF US$50 OR THE AMOUNT YOU PAID TO BLUEBIRD FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM (USUALLY $0).

11) Indemnification

You agree to defend, indemnify, and hold harmless Bluebird (and our owners/members, officers, employees, and agents) from claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of: your content; your use or misuse of the Services; your violation of these Terms; or your violation of any law or third-party right.

12) Dispute resolution; arbitration; class waiver; time limit

• Governing law & venue. These Terms are governed by the laws of South Dakota, without regard to conflict-of-law rules.
• Arbitration. Any dispute between you and Bluebird will be resolved by binding, individual arbitration (AAA or JAMS) in Minnehaha County, South Dakota, before a single arbitrator.
• No class actions. You and Bluebird waive any right to participate in a class, consolidated, or representative action.
• Opt-out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing [email protected] with subject "Arbitration Opt-Out" and your account details.
• Small claims. Either party may bring an individual action in small-claims court with jurisdiction.
• Limitation period. Any claim must be filed within one (1) year after it arises or be permanently barred.

13) Changes to the Services or these Terms

We may update these Terms or the Services at any time. We'll post the updated Terms and update the Effective Date. Continued use after the update means you accept the changes. If you disagree, stop using the Services and delete your account.

14) Export, sanctions, and prohibited uses

You may not use the Services if you are located in, or are a resident of, a country or region embargoed by the U.S., or if you are on a U.S. government restricted-party list. You agree to comply with all applicable export and sanctions laws.

15) Miscellaneous

These Terms are the entire agreement between you and Bluebird regarding the Services. They do not create any partnership, joint venture, or fiduciary relationship. We may assign these Terms (e.g., to an affiliate or in a merger); you may not assign them without our consent. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a term is not a waiver.

16) Contact