Terms and Conditions of Service and Simulation

1. Interpretation and Definitions

1.1 Definitions

• "Agreement" or "Terms": These Terms and Conditions of Service and Simulation, including all schedules, policies, and embedded documents.
• "Company", "Operator", "We", "Us", "Our": Grindit LLC, incorporated in Sharjah Media City, Sharjah, United Arab Emirates under company number 2541536.
• "Platform" or "Site": The website and analytical simulation ecosystem located at https://fundly.games/.
• "User", "You", "Your": Any individual or legal entity registering for a Virtual Account and accepting these Terms.
• "Virtual Account": A simulated analytical account provided by the Operator enabling Users to submit simulated sports predictions and test risk-management strategies.
• "Evaluation Packages / Challenges": The fee-based, software-licensed simulation assessment tiers offering simulated capital sizes of $2,000 (Starter), $10,000 (Standard), $25,000 (Advanced), $50,000 (Pro), and $100,000 (Elite).
• "Fundly Partner / Contractor": A User who has successfully completed Phase 1 (Challenge) and Phase 2 (Verification), passed mandatory KYC/AML verification, executed an Independent Contractor Agreement, and operates a Phase 3 Partner Account.
• "Performance Fee Share": Contractual B2B fees disbursed to Fundly Partners based on their verified simulation data research performance in Phase 3, subject to a fixed 80% contractor share, risk reserve buffer, and program rules.
• "WHOP": Whop Inc., the primary authorized merchant facility and billing infrastructure provider.
• "Whop Verification": The identity verification (KYC/AML) process operated through WHOP, used to verify Users before their first Fundly Partner payout.

1.2 Rules of Interpretation

• All references to currency ("$") are in United States Dollars (USD).
• References to "days" mean calendar days.
• Words importing the singular include the plural and vice versa.

2. Legal Nature of Services & No-Gaming Warranty

2.1. Purely Educational & Simulation Services: Fundly Games is an educational, statistical data research, and performance-evaluation simulation platform. The Company is NOT a bookmaker, gambling operator, casino, betting exchange, financial institution, or broker.

2.2. No Real Wagers or Deposits: Fees paid for Evaluation Packages constitute non-refundable payments for digital software licensing, data analytics tools, and algorithmic performance evaluation. Evaluation fees never constitute a gambling stake, wager, margin, or monetary deposit.

2.3. 100% Virtual Credits: All balances, metrics, odds ratios, and currency representations within Virtual Accounts are 100% virtual credits with zero real-world monetary value. Virtual credits cannot be withdrawn, transferred, converted to fiat/crypto directly, or redeemed outside the defined contractor fee structure.

2.4. User Representation & No-Gaming Warranty: By accessing the Platform, you warrant that:

• You are purchasing a software evaluation tool for analytical research;
• You have no expectation or intent to place real-world wagers or engage in gambling; and
• You understand that all outcomes operate strictly within a simulated software environment.

3. Account Eligibility, Capital Sizes & Maximum Allocation

3.1. Age Limit: You must be at least 18 years of age (or the legal age of majority in your jurisdiction). Services are strictly prohibited to minors.

3.2. Geographic Restrictions: Access is prohibited to residents of sanctioned regions or jurisdictions where simulated evaluation platforms are restricted by applicable law.

3.3. Available Capital Tiers: Users may select from standardized simulated capital packages: $2,000, $10,000, $25,000, $50,000, or $100,000.

3.4. Maximum Allocation Limit: The total combined active simulated capital allocated to any single User or household across all active Phase 3 Partner Accounts is strictly capped at $100,000 USD. Purchasing or attempting to operate active accounts exceeding $100,000 in total allocation constitutes a material breach of this Agreement.

4. Simulation Program & Evaluation Parameters

4.1. Phase 1: Evaluation (Fundly Challenge)

• Time Limit: 30 Calendar Days.
• Profit Target: +10% net virtual profit relative to starting capital (e.g., +$2,500 for a $25,000 package).
• Max Daily Loss: -4% of capital (calculated over daily starting equity or balance).
• Max Total Loss: -10% Static Drawdown (calculated from initial starting account capital).
• Qualifying Simulated Entries: Minimum 5 winning simulated records, each generating ≥0.5% net virtual profit relative to starting capital.
• Permissible Odds Range: Coefficients from 1.00 to 8.00 per entry.
• Consistency Rule: No single winning entry may contribute more than 40% toward the total +10% profit target.

4.2. Phase 2: Verification (Risk Control)

• Time Limit: 30 Calendar Days.
• Profit Target: +5% net virtual profit relative to starting capital (e.g., +$1,250 for a $25,000 package).
• Max Daily Loss: -4% of capital (calculated over daily starting equity or balance).
• Max Total Loss: -10% Static Drawdown (calculated from initial starting account capital).
• Qualifying Simulated Entries: Minimum 5 winning simulated records, each generating ≥0.5% net virtual profit relative to starting capital.
• Permissible Odds Range: Coefficients from 1.00 to 8.00 per entry.
• Consistency Rule: No single winning entry may contribute more than 40% toward the total +5% profit target.

4.3. Phase 3: Partner Account (Fundly Partner Phase)

• Time Limit: Unlimited / Indefinite.
• Max Daily Loss: -4% of daily starting balance/equity.
• Max Total Loss: Trailing -10% Drawdown (calculated dynamically from the highest achieved virtual balance / High-Water Mark).
• Performance Fee Share: Fixed 80% (Contractor) / 20% (Company).
• Permissible Odds Range: Coefficients from 1.00 to 8.00 per entry.
• Consistency Rule: No single winning entry may account for more than 40% of the total profit generated for a payout request.

4.4. Maximum Entry Risk Limit

To enforce strict risk management, the maximum evaluation fee at risk per single simulated entry is capped at 1.5% of account capital (e.g., maximum $375 per entry on a $25,000 account, or $1,500 on a $100,000 account). Submitting simulated entries exceeding 1.5% of account capital is prohibited and triggers automated rule invalidation.

4.5. Breaches & Reset Discount

Breaching Daily Loss (-4%), Total Drawdown (-10%), or placing simulated entries outside permissible odds (1.00–8.00) or risk limits (1.5% max risk) results in immediate automated account termination. Users who fail a challenge forfeit progress but may restart an evaluation at a discounted reset fee of 40% of the standard package price.

5. Partner Payout Rules & B2B Contractor Conditions

5.1. Independent Contractor Agreement: Transitioning to Phase 3 requires executing an Independent Contractor Agreement and completing mandatory KYC/AML verification via Whop Verification.

5.2. Risk Reserve Buffer Requirement: Before eligibility for the first performance reward payout in Phase 3, the User must achieve a one-time +5% Profit Buffer above starting account capital. This buffer remains permanently on the simulated account as a risk reserve and cannot be withdrawn.

5.3. Payout Qualification Rules:

• Qualifying Entries: Must achieve at least 5 winning simulated entries (each earning ≥0.5% net profit of account capital) prior to every payout request (resets prior to each payout cycle).
• Maximum Payout Cap: Capped at $4,000 USD (Flat Cap) per single payout request.
• Fee Share Distribution: Fixed 80% split to Contractor / 20% retained by the Company.
• Payout Processing: Approved B2B contractor invoices are disbursed within 7 days via bank transfer, crypto assets, or electronic wallets.

5.4. Invoicing & Tax Compliance: Payouts are settled solely against compliant B2B invoices issued by the Contractor (or their registered business entity) to Grindit LLC. Contractors assume sole responsibility for all taxes, VAT, and social contributions in their jurisdiction and fully indemnify Grindit LLC against any local tax claims.

6. Prohibited Analytical Strategies & Policy Against Reckless Risk

6.1. Prohibited Technical Exploitation:

• Latency Exploitation / Courtsiding: Exploiting technical data feed lags, slow updates, or frozen simulation odds relative to live match events.
• Arbitrage & Mispricing: Systematically exploiting obvious pricing/odds glitches or inverted data feeds across different events.
• Group Hedging: Opening opposing simulated entries across multiple accounts owned by the same or affiliated individuals.

6.2. Prohibited Account Usage:

• Account management by third parties, delegating credentials, or using automated pass scripts/bots is strictly prohibited.
• Each Virtual Account must be individually operated by the verified name on the account.

6.3. Policy Against Reckless Risk and Non-Analytical Behavior: To identify skilled sports analysts who manage risk consistently, the Platform strictly prohibits reckless behavior designed to artificially pass challenges. This includes:

• Stake Spiking: Violating the 1.5% maximum risk limit per single event or unnaturally inflating virtual entry sizes compared to the historical average unit size on the account to force a challenge pass.
• Martingale / Chasing Losses: Systematically doubling entry sizes immediately after a losing prediction purely to recover losses without statistical research.

6.4. Consequences of Violation: The Company reserves the sole discretion to invalidate simulated entries, void profits, deny Phase 3 progression, or permanently terminate accounts found engaging in prohibited strategies.

7. Protection Against Defamation and Malicious Conduct

7.1. Prohibition of Defamation: The User agrees not to publish, post, or broadcast any knowingly false, defamatory, libelous, or maliciously misleading statements regarding Grindit LLC, Fundly Games, its software, directors, or employees on any public platform, social media network, or review website.

7.2. Legitimate Feedback Protected: Nothing in this Agreement shall be interpreted as restricting the User's right to post honest, truthful, and non-defamatory reviews or constructive feedback regarding their actual user experience, provided such statements are factually accurate and do not contain false assertions or extortion threats.

7.3. Extortion & Bad Faith Conduct: Threatening to publish negative reviews or false claims for the purpose of coercing the Company into granting unearned payout requests, overriding challenge rules, or waiving evaluation breaches is strictly prohibited and constitutes a material breach of this Agreement.

7.4. Remedies: In the event of a material breach of Section 7.3 or the publication of demonstrably false/defamatory statements, the Company reserves the right to suspend the User's account access and seek appropriate legal remedies under applicable civil law upon proper legal determination.

8. Right of Withdrawal & Cooling-Off Period (EU Compliance)

8.1. Statutory Right: If you are a consumer residing in the European Union, European Economic Area, or United Kingdom, you have a statutory right to withdraw from this Agreement within 14 calendar days from the date of purchase without giving any reason, pursuant to applicable consumer protection laws.

8.2. Express Consent & Waiver: Pursuant to Article 16(m) of the EU Consumer Rights Directive (2011/83/EU) and equivalent local regulations, by purchasing an Evaluation Package and explicitly requesting immediate access to the digital simulation software at checkout via an active consent checkbox, you explicitly consent to the immediate commencement of the digital services before the expiration of the 14-day cooling-off period.

8.3. Loss of Right of Withdrawal: You explicitly acknowledge that once the performance of the digital service has begun (defined as logging into the simulation dashboard or submitting the first simulated entry), you forfeit your statutory right of withdrawal, provided that your express consent was given at checkout.

8.4. Unused Accounts Refund: If you have purchased an Evaluation Package but have NOT logged into the simulation dashboard and submitted ZERO simulated entries, you retain the right to request a full refund within 14 calendar days of purchase by contacting support@fundly.games.

8.5. Anti-Chargeback Policy: Initiating an unwarranted chargeback via WHOP, credit card issuers, or banks without prior written dispute resolution via support@fundly.games constitutes a material breach. Unwarranted chargebacks may incur administrative processing penalties and legal recovery fees where permitted by applicable law.

9. System Errors & Discretionary Right of Refusal

9.1. Obvious Errors (Glitches): The Company reserves the right to void or adjust any simulated transaction resulting from obvious data feed lags, system glitches, or palpable pricing errors.

9.2. Right of Refusal: The Company reserves the discretionary right to refuse service, disable accounts, or decline entering into an Independent Contractor Agreement with any individual at its sole discretion, provided that uninitiated evaluation package fees may be refunded if no rule breaches occurred.

10. Intellectual Property & Third-Party Disclaimer

10.1. Intellectual Property: All software, algorithms, data feeds, UI design, and content hosted on https://fundly.games/ are the exclusive property of Grindit LLC.

10.2. Sports League & Trademark Disclaimer: Fundly Games and Grindit LLC are independent corporate entities. We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with any professional sports leagues (e.g., UEFA, Premier League, NHL, NBA, NFL, MLB, F1), teams, or licensed bookmakers. All team names and trademarks displayed within the simulation interface are used strictly for descriptive, identification, and simulation purposes under fair-use principles.

11. Limitation of Liability & Indemnification

11.1. Grindit LLC and its officers shall not be liable for any indirect, punitive, incidental, or consequential damages arising from Platform access or simulation interruptions to the extent permitted by applicable law.

11.2. You agree to defend, indemnify, and hold harmless Grindit LLC from any third-party claims, liabilities, or legal costs arising from your breach of this Agreement or applicable regulations.

12. Governing Law and Dispute Resolution

12.1. Governing Law: This Agreement is governed by and construed in accordance with the laws of the United Arab Emirates as applicable in the Emirate of Sharjah, without prejudice to any mandatory statutory consumer protection laws in your country of residence that cannot be waived by contract.

12.2. Informal Resolution: Before initiating any formal proceeding, you agree to first contact us at support@fundly.games and attempt in good faith to resolve the dispute informally. If the dispute is not resolved within 30 days of the initial notification, either party may pursue the remedies described below.

12.3. Individual Arbitration: Any dispute, claim, or controversy arising out of or in connection with these Terms that is not resolved informally under clause 12.2 shall be finally resolved by binding arbitration on an individual basis, rather than in court, except that either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or to prevent unauthorized access to the Platform.

12.4. Class Action Waiver: TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. NEITHER YOU NOR GRINDIT LLC MAY CONSOLIDATE OR JOIN CLAIMS WITH THOSE OF ANY OTHER PERSON, OR PARTICIPATE IN ANY CLASS, GROUP, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

12.5. Courts: For any matter not subject to arbitration under clause 12.3, or where arbitration is found unenforceable, the competent courts of Sharjah, United Arab Emirates shall have exclusive jurisdiction, unless mandatory consumer law in your country of residence dictates otherwise.

Contact Information

Grindit LLC
Sharjah Media City, Sharjah
United Arab Emirates
Company Registration No: 2541536
Email Support: support@fundly.games
Website: https://fundly.games/