nickgallick SKILL: Terms of Service & Legal Documents for Crypto/Competition Platforms
Version: 1.0.0 | Domain: Contract Law, Consumer Protection, Platform Compliance
Terms of Service: Critical Clauses
1. Arbitration Clause (MUST BE PROMINENT)
BINDING ARBITRATION NOTICE: ALL DISPUTES ARISING OUT OF OR RELATED TO
THIS AGREEMENT SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION
ADMINISTERED BY [JAMS/AAA] UNDER ITS CONSUMER ARBITRATION RULES.
YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE
IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
- Why: Protects against class action lawsuits; enforced under FAA if properly disclosed
- Requirement: Must be conspicuous — buried TOS do NOT hold up (Berkson v. Gogo, Nguyen v. Barnes & Noble)
- Venue: Neutral venue (Delaware or NYC for arbitration proceedings)
- Exception carve-out: Small claims court exception (required for FTC compliance)
2. Geographic Restrictions Clause
Model Language — Covers All 50 States:
Geographic Restrictions. The Services are not available to persons
located in the following jurisdictions: Washington, Arizona, Louisiana,
Montana, and such other jurisdictions as may be designated from time
to time on our Restricted Jurisdictions list available at [URL].
By accessing the Services, you represent and warrant that you are not
located in, and are not a citizen or resident of, any Restricted
Jurisdiction. If we determine that you have provided false information
regarding your location, we reserve the right to immediately terminate
your account, forfeit any pending prizes or balances, and take any
other action permitted by law.
Your representation regarding your location is a material term of
this Agreement. We reserve the right to require additional verification
of your location at any time and to update the Restricted Jurisdictions
list without prior notice. It is your responsibility to monitor for
changes to the Restricted Jurisdictions list.
Implementation requirement: Maintain live Restricted Jurisdictions page at a static URL; document every change with date.
3. Risk Disclosures
Crypto Asset Risks:
Digital Asset Risk. The value of digital assets, including any digital
assets used on the Platform, can fluctuate significantly and may
decrease to zero. You acknowledge that you may lose all funds
associated with your account. Past performance does not guarantee
future results.
Smart Contract Risk. The Platform operates using smart contracts deployed
on public blockchains. Smart contracts may contain bugs, errors, or
vulnerabilities that could result in the partial or complete loss of
your funds. The Platform does not guarantee the security or functionality
of any smart contract.
Regulatory Risk. The regulatory status of digital assets and
prediction markets is unsettled and subject to change. Regulatory
actions may affect the availability or functionality of the Platform
in your jurisdiction without notice.
Competition/Skill Risk:
Competition Risk. Entry fees paid to participate in contests are
non-refundable except as expressly provided in these Terms.
Participation in contests does not guarantee any prize. Skill-based
competition results depend on many factors, including the skill and
judgment of participants and AI model performance.
4. User Representations (Compliance Checklist)
By accessing the Platform, you represent and warrant that:
(a) you are at least 18 years of age (or the age of majority in
your jurisdiction, if higher);
(b) you are not located in a Restricted Jurisdiction;
(c) you are not a person or entity subject to sanctions administered
by OFAC, the EU, or the UN Security Council;
(d) all funds used on the Platform are derived from lawful sources;
(e) you understand and accept the risks described in these Terms;
(f) your participation in contests complies with all laws applicable
to you in your jurisdiction;
(g) you are not acting as an agent for any third party in using
the Platform.
5. Not Investment/Legal/Financial Advice
No Advice. Nothing on the Platform constitutes investment advice,
financial advice, trading advice, legal advice, or any other form
of professional advice. The Platform does not recommend that any
digital asset should be bought, sold, or held. You should conduct
your own due diligence and consult your advisors before making
any decisions.
6. Limitation of Liability
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, [COMPANY]'S AGGREGATE LIABILITY TO YOU FOR ANY
CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED
THE TOTAL AMOUNT DEPOSITED BY YOU ON THE PLATFORM DURING THE
12-MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.
[COMPANY] SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA,
OR GOODWILL, ARISING FROM: (i) SMART CONTRACT BUGS OR FAILURES;
(ii) BLOCKCHAIN NETWORK FAILURES OR DELAYS; (iii) REGULATORY CHANGES;
(iv) THIRD-PARTY SERVICE FAILURES; (v) CYBERATTACKS OR UNAUTHORIZED
ACCESS TO SMART CONTRACTS.
7. Intellectual Property
Platform IP. The Platform, including all software, designs, content,
trademarks, and brand assets, are owned by [Company] or its licensors.
You receive a limited, non-exclusive, non-transferable license to
access the Platform for personal, non-commercial use.
AI-Generated Content. Predictions and analyses generated by AI models
on the Platform are the property of [Company]. No AI-generated output
on the Platform constitutes financial advice or a guarantee of accuracy.
Open-Source Acknowledgment. Certain components of the Platform use
open-source software licensed under the terms specified at [URL].
Privacy Policy: Critical Elements
Data Collected
- Wallet addresses (public by blockchain design — disclose this)
- KYC data if applicable (name, government ID, address)
- Usage data: IP address, device info, browsing behavior, session data
- Transaction history on the platform
- Communications (support tickets, dispute records)
Data Sharing Disclosure
- Law enforcement: "We may disclose data in response to valid legal process, including court orders, subpoenas, and law enforcement requests"
- Blockchain transparency: "Transactions on public blockchains are inherently visible to anyone. We cannot make blockchain transactions private."
- Analytics providers: anonymized usage data only
- NEVER sell KYC/identity data to third parties
GDPR Requirements (EU Users)
- Right to access, rectification, erasure, portability
- Lawful basis for each processing activity (contract performance, legitimate interest, consent)
- Data Protection Officer designation (if processing at scale)
- Cross-border transfer safeguards (Standard Contractual Clauses if transferring EU data to US)
- 72-hour breach notification requirement
CCPA Requirements (California Users)
- Right to know, right to delete, right to opt-out of sale
- "Do Not Sell My Personal Information" link required
- Categories of personal information collected: list all categories
- Annual privacy reporting if >100K California users
Responsible Gaming / Responsible Participation Disclosures
Include these even if not legally required — shows regulators good faith:
Responsible Participation. We are committed to safe and responsible
participation. You may:
• Set daily, weekly, or monthly deposit limits in your account settings
• Set a maximum loss threshold
• Request a cooling-off period (24 hours, 7 days, or 30 days)
• Request permanent self-exclusion from the Platform
If you believe you have a problem with gambling or compulsive spending,
please contact:
• National Council on Problem Gambling: 1-800-522-4700
• National Problem Gambling Helpline: ncpgambling.org/help-treatment/
By creating an account, you confirm that you are participating for
entertainment purposes and can afford any potential losses.
DMCA Policy
Copyright Policy. [Company] respects intellectual property rights.
To submit a DMCA takedown notice:
• Email: [copyright@company.com]
• Include: identification of copyrighted work, identification of
infringing material, your contact information, statement of good
faith belief, statement of accuracy under penalty of perjury,
physical or electronic signature.
Counter-notices: [address per 17 U.S.C. § 512(g)]
TOS Implementation Requirements
- Clickwrap (not browsewrap): User must affirmatively click "I Agree" — do NOT use passive "by using this site you agree" language
- Version control: Timestamp every TOS version; log which version each user agreed to
- Change notification: Email users 30 days before material changes; maintain TOS changelog
- Accessibility: Plain language summary alongside legal text
- Mobile display: TOS must be readable on mobile before account creation is complete
This is legal research and intelligence, not legal advice. Consult qualified legal counsel before taking action.