# Privacy Policy Multi Product ## Privacy Policy - Multi-Product *Effective Date: March 6, 2022* *Last* *Updated: July 7, 2026* 1. **Introduction** Triumph Labs, Inc., and its affiliates (including, without limitation, "Triumph Arcade, LLC", "Triumph TCG, LLC", and the European subsidiaries referenced in our Arcade TOU (SIA Triumph Arcade Europe (EU) and Triumph Arcade UK LTD (UK)), (collectively, "The Company") take your privacy seriously. The Company is committed to protecting it through our compliance with this policy. The Company develops and publishes software that allows for the purchase of products, the entry into various tournaments to the players of such games (each a “Player” and together “Players”), this policy covers all information collected using Triumph’s software, including: (i) leaderboards that publish Player scores in a given game category or multi-game category (”Leaderboards”); (ii) match-making between real players which may or may not include leaderboard functionality (”Match-Making”); (iii) real-cash prize tournaments and other real-cash prize games, including, in certain cases offering of leaderboards, match-making, and the creation and development of real-cash entry prize structures for each tournament or game with a prize (”Real Cash Tournaments”); (iv) the purchasing and selling of collectible goods (the "Collectible Transaction"). In each case an application that integrates the Company software is referred to as an “App” in this Privacy Policy and the Company software that is integrated into each App the “Triumph SDK” - in most cases the App and the Company Software are indistinguishable and are operated together by the Company. This policy describes: * The types of information we may collect or that you may provide when you register with, access, use, or transact with an App, the Company website, or the Triumph SDK. * Our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect in the Triumph SDK, the App, from our website, and in electronic communications sent through or in connection with any of the foregoing. This policy DOES NOT apply to information that you provide to or is collected by any third party. Third parties have their own privacy policies, which we encourage you to read before providing information on or through them. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use a Company App or the Triumph website. By downloading, registering with, or using the Website or the App, you agree to this Privacy Policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Company App or Website after we revise this policy means you accept those changes, so please check the policy periodically for updates. 2. **Age Limits.** Certain features of the App are not intended for all age groups. For the Leaderboard and Match-Making products the Company uses an age-gate to determine the age of a user. If a person is under the age of 13 certain features will not be available, for example, the uploading of avatars, the changing of default username, and reuse of a username in multiple sessions (together the features available after such restriction being referred to as “Anonymous Mode”) in order to ensure that no data is collected from such users. If a user is under 18 years of age Leaderboard and Match-Making will be available but the Real Cash Tournaments feature and the Collectible Transaction feature will not be available. We do not knowingly collect personal information from children under 13 years of age. If we learn we have collected or received personal information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, or if a child under the age of 18 has accessed any of the Real Cash Tournament features, please contact us at . 3. **Information We Collect and How We Collect It** We collect information from and about users of the App: * Directly from you when you provide it to us. * Automatically when you use the App. * Automatically when you execute transactions on the App. * Automatically when you communicate through the App. * Your responses to surveys that we might ask you to complete for research purposes. * Details of transactions you carry out through the App and details related to the fulfillment of your transaction. * Automatically when you allow various permissions (location, camera, etc.). * On our websites using cookies, for more information see our [Cookie Policy](https://docs.triumpharcade.com/). A. ***Information You Provide to Us*** When you download, register with, or use the App, we may ask you provide information: * By which you may be personally identified, such as name, email address, telephone number, and birthdate. * Information submitted by you that may allow you to be personally identified, such as a user selected image, a username, and information that you communicate to the Company within the App, for example when you report a problem within the App using the customer support chat function. * That is about you but individually does not identify you, such as the following: App input data, for example the buttons you press when interacting with the App, score data, and mathematical skill rankings based on your score data. * When placing orders through the App you may be required to provide financial information including credit or debit card information, address, or bank account information. * In order to withdraw from the App you will be required to provide or we will collect the following additional information by which you may be personally identified including: an image of a government issued identification document or such other identification document as may be accepted by the Company; a short video that includes your face; the location of access; the internet protocol (IP) address from which you access the system; data regarding the browser or software used to access the system; and the time of access (the “Customer Authentication Data”). You may also provide information for publication or display ("**Posted**") on public areas of the App, such as username, the selected user image, and gameplay score data, gameplay visual data, and prize outcomes (collectively, "**Public Account Data** "). Your Public Account Data is posted and transmitted to others at your own risk. We cannot control the actions of third parties with whom your Public Account Data is visible and such Public Account Data should be understood as being generally available to the public both within the App and outside of the App. B. ***Automatic Information Collection and Tracking*** When you download, access, and use the App, it may use technology to automatically collect: * **Usage Details.** When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs of any category of collected data identified in this Privacy Policy, communication data, the resources that you access and use on or through the Company Apps, images of the Company Apps output during use, results and outputs from App use, account balances, gameplay score history, and a profile of score or skill level developed from gameplay data. * **Device Information.** We may collect information about your mobile device and internet connection including the IP address, the unique device identifier, operating system, browser type, mobile network information, the device's telephone number, and the devices data service providers. * **Stored Information and Files.** The App also may access metadata and other information associated with other files stored on your device that you provide access to. This includes, for example, photographs which you select for upload as a user image. * **Location Information.** This App does collect and log real-time information about the location of your device to limit certain games and tournament types to jurisdictions in which such games and tournaments are authorized. * **Cookies**. Cookies are small text files placed on your device that allow us to improve our services, analyze traffic, and enhance your overall user experience. You may opt-out of the use of cookies, for more information see our [Cookie Policy](https://docs.triumpharcade.com/cookie-policy). If you do not want us to collect this information do not download or use the App or delete your account as well as the applications from your device. C. ***Third-Party Information Collection*** When you use the Company Apps, certain third parties that are contracted with by the Company for the provision of services related to the app (“Integrated Third Parties”), including: (i) payment processors; (ii) in-app communication providers; (iii) device authentication providers; and (iv) customer identity authentication providers, may receive certain information shared by Company. Information provided to Integrated Third Parties should not be used for any other purpose outside of fulfilling their service to the Company. If you believe that your information is or has been used inappropriately by any Integrated Third Parties, please contact . Third parties may use tracking technologies to collect information about you when you use download or use the Company Apps. For example: * Platforms from which you download the App. * Your internet service provider. * Your device manufacturer. * Your mobile or data service provider. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 4. **How We Use Your Information** We use information that we collect about you or that you provide to us, including any personal information, to: * Track your score and prize outcomes. * Develop and create prize structures. * Provide you with the App features. * Give you notices about your account, including expiration and renewal notices. * Contact you regarding any App issues. (Please note that you will never be requested to provide your account credentials to the Company – you should not share your account information with anyone. If you have issues with account access contact .) * Carry out our obligations and enforce our rights arising from the Terms of Use, including related to withdrawal or deposits from the Account App. * Notify you when App updates are available and of changes to any products or services we offer or provide though it. * Confirm your identity, including through the pre-filling of your identity information for your review and confirmation. * Fulfill any other purpose for which you provide it. * Provide a personalized experience, for example use of skill-based matchmaking in tournaments. * Employ anti cheating and anti-fraud algorithms and features. * Track the performance of the App, improve the Company Apps and company practices. The usage information we collect helps us to improve our Company Apps and to deliver a better and more personalized experience by enabling us to: * Estimate our audience size and usage patterns. * Store information about your preferences, allowing us to customize our App according to your individual interests or skill level. * Recognize you when you use the Company Apps. * Maintain compliance, financial, tax, and other legally required records. * Improve App performance. We use location information we collect to ensure that you are in a jurisdiction where the use of the App is authorized or to assist in the confirmation of your identity, and for no other purposes. We may use the information we collect to display advertisements to you within the App, including in certain cases advertisements based on your personal information. 5. **Disclosure of Your Information** We may disclose: (i) aggregated information about our users in a de-identified form, (ii) information that does not identify any individual or device, and (iii) Posted information without restriction. In addition, we may disclose personal information that we collect or you provide: * To contractors, service providers, and other third parties we use to support our business, such as the Integrated Third Parties, who are bound by contractual obligations to keep personal information disclosed to them confidential and use it only for the purposes for which it is disclosed to them. * To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our users is among the assets transferred. * To fulfill the purpose for which you provide it. For example, if you upload an image as your user image it will become Posted and publicly associated with your App account. * For any other purpose disclosed by us when you provide the information. * With your consent. * To comply with any court order, law, or legal process, including to respond to any government or regulatory request. * To comply with service provider obligations, including payment processor and compliance requirements. * To enforce our rights arising from any contracts entered into between you and us, including any App Terms of Use. * To execute deposits, withdrawals, any other in-App transactions. * If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection, anti-cheating, and credit risk reduction. * With marketing firms, unless you have opted out of the sharing of your personal data. See [Opt Out of Selling or Sharing of Information](/opt-out-of-sale-or-sharing-of-information). Mobile information will not be shared with third parties or affiliates for third party marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. The Company does not currently sell any information. Unless you opt out of the sharing of your information the Company may share your information with marketing and advertising delivery companies for the purposes of: (i) finding users with similar interests and displaying our advertisements to such similar users; (ii) displaying our advertising to you. Currently, the only firms that the Company shares information with are the following with the below identified purpose: | Firm | Information Shared | Purpose | | -------------------- | ---------------------------- | ---------------------------------------------------------------------------------------- | | Meta Platforms, Inc. | Email address, phone number. | Find individuals with similar interests to the shared user to deliver advertisements to. | 6. **Your Rights and Choices Relating to Use of Your Information** 6.1 **Your Choices Relating to Use of Your Information** * **Tracking Technologies.** You can choose whether or not to allow the App to collect information through other tracking technologies by not authorizing such collection or terminating the authorization. If you block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly. * **Location Information.** You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the App (for example, paid gameplay) may become inaccessible or not function properly. * **Advertising by the Company.** If you do not want us to use information that we collect or that you provide to us for the delivery of advertisements within the App, you can terminate use of any App that contains advertisements. * **Communication Preferences.** If you do not want to be contacted by email or text message you have the right to not consent to such use. If you have already consented you may opt out in accordance with the instructions on such communications. * **Sale of Your Data.** We do not currently sell any of your data, however, if you do not want your data to be sold in the future you may opt out of such use by following the Opt Out Instructions. * **Sharing Your Data.** We may share your data with third parties such as marketers in order to improve our marketing. If you do not want your data to be shared you may opt out of such use by following the Opt Out Instructions. 6.2 **Your Rights Relating to Your Information** Subject to the limitations and exceptions in applicable law, including but not limited to exceptions related to required retention of data for tax or financial purposes, for anti-fraud and anti-cheating purposes, and for system functioning, you have the following rights related to your information: * **Right to Withdraw Consent.** You have the right to withdraw your consent for marketing communications (by following the opt-out instructions on such communications), and for the sale of your personal information or the sharing of your personal information by following the Opt Out of Sale or Sharing of Information instructions. You may exercise these rights at any time. * **Right to Confirm the Processing of Your Information.** You have the right to confirm with the Company whether we are processing your personal information, and the categories of personal information that we collect and use about you. * **Right to Access Your Personal Information.** You have the right to access the personal information we have collected from you, unless otherwise required by law you may only make this request for access once per year. The delivery of the personal information made under this section will be provided in its native format, for example, CSV, TXT, or a PDF extract. * **Right to Correct Your Personal Information.** You have the right to correct errors in the personal information we store. * **Right to Deletion.** You have the right to delete your personal information subject to certain legal exceptions. If you make a request to delete your personal information we will delete or deidentify all information that is not subject to an exception. If you delete your Posted data from the App, copies of your Posted data may remain viewable in cached and archived pages, or might have been copied or stored by other App users. * **Right to Request a Transfer of Your Information.** You have the right to request a transfer of your information, however, please note that the information we collect and store is generally unique to the App and the Triumph SDK, as a result, there is no guaranty and the Company makes no representation that a transferee will be able to make use the information we provide, which will be in the formats described in the above "Right to Access Your Personal Information". * **Right to Opt Out of Targeted Advertising.** At this time the Company does not engage in targeted advertising and as a result the default is that you are opted out of any future targeted advertising absent a change in this Privacy Policy and your consent to such advertising. * **Right to Opt Out of the Sale of Your Personal Information.** You have the right to opt out of the sale of your personal information, to exercise this right please follow the [Opt Out of Sale or Sharing of Information](/opt-out-of-sale-or-sharing-of-information) instructions. * **Right to Opt Out of the Sharing of Your Personal Information.** You have the right to opt out of the sharing of your personal information, to exercise this right please follow the [Opt Out of Sale or Sharing of Information](/opt-out-of-sale-or-sharing-of-information) instructions. To exercise your rights please complete the following [form](https://zfrmz.com/RUOOk6GScPahLu9GSnc1). If you choose to exercise any of your rights set forth above, you will be required to verify your identity, which may include using Company's then-in-effect identity verification process as outlined in the Company [Terms of Use](/terms-of-use-triumph-play-for-cash) prior to any account information being provided to you or changes made to your personal information handling. The following information will not be deleted for a period of seven years from the last paid transaction or deletion request, whichever is greater, as it is associated with financial transactions, business security practices, or is for internal uses that are compatible with reasonable consumer expectations or the context in which the information was provided: full name, unique device identifier, birthdate, phone number, social security number if required to be collected, transaction / game history, score / skill profiles. The following information will not be deleted upon request for paid customers that have been banned as it is related to business security: full name, unique device identifier, birthdate, phone number, social security number if required to be collected, transaction / game history, government issued identification documents, internet protocol address. 6.3 **Third Party Use of Your Information** We do not control third parties' collection or use of your information (where we are not providing it to such third parties) to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("**NAI**") on the NAI's [website](https://thenai.org/opt-out/). 6.4 **Additional Rights for Users in Specific Locations** Residents in certain states, such as California, or who are located in a European Common Economic Zone country or the United Kingdom may have additional personal information rights and choices. Please see the section **Specific Privacy Rights f**or more information. 7. **Legally Required Disclosures** The below are legally required notices, however, please note that if you opt out of the sale and sharing of your personal information they will not apply: Notice: This website may sell your sensitive personal data. Notice: We may sell your sensitive (or biometric) personal data. 8. **Specific Privacy Rights for Certain Residents or Locations** Country and state consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. If you are a resident of, or otherwise covered by any of the below state or countries applicable laws please review the additional rights and disclosures applicable to you: [California Privacy Policy and Notices](https://www.notion.so/California-Privacy-Policy-and-Notices-06e63b124d0d40b2ae0a1f8e0c18d049?pvs=21) 9. **Data Security** We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure, for example, any deposit or withdrawal transactions will be encrypted using SSL technology. The safety and security of your information also depends on you. Where we have given you (or you have chosen) a password for access to certain parts of the Company Apps, this password can allow access to the account you hold with the Company Apps and allow the person with such a password to withdraw available funds from your account. You are responsible for choosing a strong password, regularly changing it, and keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or through our Apps. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide. 10. **SMS/Text Messaging** 10.1 **Collection of Mobile Phone Numbers** The Company collects mobile phone numbers when you provide them during account signup. By providing your mobile number and checking the SMS consent box at signup, you consent to receive text messages from the Company at the phone number associated with your account. SMS consent is collected separately from your consent to receive emails and is specific to the Company as the message sender. 10.2 **Types of Messages You Will Receive** After opting in, you may receive two categories of text messages from the Company: **Account and transactional messages**, such as withdrawal approvals, payment status, order confirmations, shipping and tracking updates, and other notifications related to your account or transactions. **Promotional and marketing messages**, such as new product announcements, special offers, and similar communications. Message frequency varies. Message and data rates may apply. Consent to receive SMS messages is not a condition of using our services. 10.3 **Message and Data Costs** You are solely responsible for any charges imposed by your mobile carrier or service provider for receiving text messages from the Company, including any data, messaging, or other fees associated with the receipt of SMS messages on your device. Message and data rates may apply, and these charges are determined by your carrier, not by the Company. The Company is not responsible for any costs you incur as a result of receiving messages you have consented to receive. If you are unsure about the charges that may apply, contact your mobile carrier before opting in. 10.4 **Sender-Specific Consent** Your consent to receive SMS messages applies only to the Company as the message sender and only to the messaging program you opted into. We do not use SMS consent collected through one Company product or app to send you text messages from a different Company product or app. If you wish to receive text messages from another Company brand or product, you will be asked to provide separate SMS consent through that product's own opt-in flow. 10.5 **No Sharing of SMS Opt-In Data with Third Parties** **Mobile information and SMS opt-in consent will not be shared with third parties or affiliates for marketing or promotional purposes.** All categories of personal information described elsewhere in this Privacy Policy exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, including any Company parent, subsidiaries, or affiliated brands, for their own marketing purposes. We may share mobile information only with service providers that help us deliver SMS messages on our behalf — including our SMS platform provider, message aggregators, and mobile carriers responsible for transmitting messages. These parties are contractually limited to using the information solely for delivering messages to you and may not use it for their own marketing purposes. We may also disclose information when required by law, subpoena, or valid legal process. 10.6 **Opt-Out** You may opt out of receiving promotional SMS messages at any time by replying **STOP** to any message. After you send STOP, we will send a confirmation message and you will no longer receive promotional SMS messages from the program you opted out of. You may continue to receive transactional messages essential to your account (such as withdrawal confirmations or shipping updates) unless you close your account. You may also contact us at to request removal. 10.7 **Help** For help with our SMS program, reply **HELP** to any message or contact us at . 10.8 **Eligibility** SMS messages from the Company are intended for users 18 years of age or older. By opting in, you represent that you are at least 18 and otherwise meet the eligibility requirements of the product you are using. 10.9 **Data Retention** We retain mobile phone numbers and related messaging records for as long as your account is active and as needed to provide the SMS service. When you opt out or close your account, we retain a record of your opt-out request to ensure we honor it, but we will not send you further promotional messages. 10.10 **Your Rights** You have the right to access, correct, or request deletion of the personal information we hold about you, including your mobile phone number. To exercise these rights, contact us at . Depending on your location, you may have additional rights under laws such as the California Consumer Privacy Act (CCPA). 11. **Changes to Our Privacy Policy** We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes. The Company may log you out of the App in order to require your review and agreement to this Privacy Policy, please review this Privacy Policy and associated documents each time you login for any changes. 12. **Contact Information** To ask questions or comment about this privacy policy and our privacy practices, contact us at . To register a complaint or concern, please provide the full details of your complaint and an email and contact phone number to . 13. **Governing Law and Dispute Resolution** This Privacy Policy arises under the Company's [Terms of Use](https://docs.triumpharcade.com/terms-of-use) and any dispute between you and the Company related to this Privacy Policy shall be governed by the arbitration provisions contained in the [Terms of Use](https://docs.triumpharcade.com/terms-of-use) and the law applicable to such disputes as contained therein, except to the extent an alternative choice of law is required under applicable law. # Privacy Policy: "Triumph Partners" Effective Date: July 7, 2026 Last Updated: July 8, 2026 ## 1. Introduction Triumph Labs, Inc., and its affiliates (including, without limitation, "Triumph TCG, LLC"), (collectively, "Company") take your privacy seriously. The Company is committed to protecting it through our compliance with this policy. The Company operates the “Triumph Partners Suite”, consisting of the “Triumph Partners” web portal and the “Triumph Partners” mobile application, together with related services for the onboarding, enablement, and management of vendors that sell collectible items and other goods to the Company (each a “Vendor” and together “Vendors”). This policy covers all information collected through the Triumph Partners Suite. In this Privacy Policy, the Triumph Partners web portal and the “Triumph Partners” mobile application are together referred to as the “App”. This policy describes: • The types of information we may collect or that you may provide when you register with, access, use, or transact with the App or the Company website. • Our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect in the App, from our website, and in electronic communications sent through or in connection with any of the foregoing. This policy DOES NOT apply to information that you provide to or is collected by any third party. Third parties have their own privacy policies, which we encourage you to read before providing information on or through them. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use a Company App or the Triumph website. By downloading, registering with, or using the Website or the App, you agree to this Privacy Policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Company App or Website after we revise this policy means you accept those changes, so please check the policy periodically for updates. ## 2. Age Limits. The App is intended solely for use by individuals who are at least eighteen (18) years old and who use it for business purposes, on their own behalf or on behalf of a company or entity. We do not knowingly collect personal information from children under 13 years of age. If we learn we have collected or received personal information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, or if a child under 18 has accessed the App, please contact us at . ## 3. Information We Collect and How We Collect It We collect information from and about users of the App: • Directly from you when you provide it to us. • Automatically when you use the App. • Automatically when you execute transactions on the App. • Automatically when you communicate through the App. • Your responses to surveys that we might ask you to complete for research purposes. • Details of transactions you carry out through the App and details related to the fulfillment of your transaction. • Automatically when you allow various permissions (camera, photos, etc.). • On our websites using cookies, for more information see our [Cookie Policy](https://docs.triumpharcade.com/cookie-policy). ### A. Information You Provide to Us When you download, register with, or use the App, we may ask you provide information: • By which you may be personally identified, such as name, email address, telephone number, and birthdate, and, if you act on behalf of a company or entity, business information such as the entity’s legal name, address, and tax identification number. • Information submitted by you that may allow you to be personally identified, such as a user selected image, a username, and information that you communicate to the Company within the App, for example when you report a problem within the App using the customer support chat function. • That is about you but individually does not identify you, such as the following: App input data, for example the buttons you press when interacting with the App, inventory and submission data, pricing and offer inputs, and vendor performance metrics derived from your transaction history. • When transacting through the App you may be required to provide financial information including credit or debit card information, address, or bank account information, as well as tax documentation such as an IRS Form W-9 or W-8. • In order to receive payments you will be required to provide or we will collect the following additional information by which you may be personally identified including: an image of a government issued identification document or such other identification document as may be accepted by the Company; a short video that includes your face; the location of access; the internet protocol (IP) address from which you access the system; data regarding the browser or software used to access the system; and the time of access (the “Vendor Authentication Data”). ### B. Automatic Information Collection and Tracking When you download, access, and use the App, it may use technology to automatically collect: • Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs of any category of collected data identified in this Privacy Policy, communication data, the resources that you access and use on or through the App, images of the App output during use, results and outputs from App use, account and payment records, transaction and submission history, and vendor performance profiles developed from such data. • Device Information. We may collect information about your mobile device and internet connection including the IP address, the unique device identifier, operating system, browser type, mobile network information, the device's telephone number, and the devices data service providers. • Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device that you provide access to. This includes, for example, photographs which you select for upload, such as images of collectible items or related documentation. • Location Information. The App collects and logs approximate location information derived from your internet protocol (IP) address each time you access the App. The App does not collect precise GPS location information from your device. We use location information only as described in Section 4 (How We Use Your Information). • Cookies. Cookies are small text files placed on your device that allow us to improve our services, analyze traffic, and enhance your overall user experience. You may opt-out of the use of cookies, for more information see our Cookie Policy . If you do not want us to collect this information do not download or use the App or delete your account as well as the applications from your device. ### C. Third-Party Information Collection When you use the App, certain third parties that are contracted with by the Company for the provision of services related to the app (“Integrated Third Parties”), including: (i) payment processors; (ii) in-app communication providers; (iii) device authentication providers; and (iv) customer identity authentication providers, may receive certain information shared by Company. Information provided to Integrated Third Parties should not be used for any other purpose outside of fulfilling their service to the Company. If you believe that your information is or has been used inappropriately by any Integrated Third Parties, please contact . Third parties may use tracking technologies to collect information about you when you use download or use the App. For example: • Platforms from which you download the App. • Your internet service provider. • Your device manufacturer. • Your mobile or data service provider. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. ## 4. How We Use Your Information We use information that we collect about you or that you provide to us, including any personal information, to: • Operate, develop, and improve our vendor ranking engine, which evaluates Vendors based on transaction, submission, pricing, fulfillment, and related performance data in order to rank Vendors and to determine eligibility for programs, rates, and purchasing allocations. • Investigate, trace, and prevent loss and theft, including loss or theft of inventory, shipments, and payments. • Estimate and analyze market conditions and competitive pressure relevant to our purchasing and pricing, including by analyzing aggregate Vendor pricing, volume, and category trends. • Measure and analyze the reach and activity of our vendor network. • Provide you with the App features. • Give you notices about your account. • Contact you regarding any App issues. (Please note that you will never be requested to provide your account credentials to the Company – you should not share your account information with anyone. If you have issues with account access contact .) • Carry out our obligations and enforce our rights arising from the Terms of Use, including related to payments and Vendor transactions. • Notify you when App updates are available and of changes to any products or services we offer or provide though it. • Confirm your identity. • Fulfill any other purpose for which you provide it. • Provide a personalized experience, for example tailoring the App to your business and activity. • Employ anti-fraud algorithms and features. • Track the performance of the App, improve the App and company practices. The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to: • Estimate our audience size and usage patterns. • Store information about your preferences, allowing us to customize our App according to your individual business and preferences. • Recognize you when you use the App. • Maintain compliance, financial, tax, and other legally required records. • Improve App performance. We retain and use Vendor transaction, submission, pricing, fulfillment, and performance data on a long-term basis, including after your account is closed, in order to preserve the historical depth, accuracy, and robustness of our vendor ranking engine and related analytical models, subject to your rights described in Section 6. We may also use such data, in aggregated and/or de-identified form, to develop and publish market indices, benchmarks, or similar analytical products. Any market index, benchmark, or similar product made available outside the Company will consist solely of aggregated or de-identified information that does not identify you or any individual Vendor. We use location information we collect to: (i) ensure that you are in an Eligible Location where use of the App is authorized; (ii) assist in the confirmation of your identity; (iii) measure and analyze the reach and activity of our vendor network; and (iv) investigate, trace, and prevent loss and theft, including loss or theft of inventory and shipments — and for no other purposes. For clarity, location information is not used in our vendor ranking engine or in our analysis of market conditions and competitive pressure. ## 5. Disclosure of Your Information We may disclose: (i) aggregated information about our users in a de-identified form, and (ii) information that does not identify any individual or device, in each case without restriction, including in connection with any market index, benchmark, or similar analytical product described in Section 4. In addition, we may disclose personal information that we collect or you provide: • To contractors, service providers, and other third parties we use to support our business, such as the Integrated Third Parties, who are bound by contractual obligations to keep personal information disclosed to them confidential and use it only for the purposes for which it is disclosed to them. • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our users is among the assets transferred. • To fulfill the purpose for which you provide it. • For any other purpose disclosed by us when you provide the information. • With your consent. • To comply with any court order, law, or legal process, including to respond to any government or regulatory request. • To comply with service provider obligations, including payment processor and compliance requirements. • To enforce our rights arising from any contracts entered into between you and us, including the Terms of Use and any Vendor Agreements. • To execute payments and other Platform transactions. • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection, loss and theft prevention, and credit risk reduction. Mobile information will not be shared with third parties or affiliates for third party marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. The Company does not currently sell any information. We do not share personal information collected through the App with third parties for marketing or advertising purposes. ## 6. Your Rights and Choices Relating to Use of Your Information ### 6.1 Your Choices Relating to Use of Your Information • Tracking Technologies. You can choose whether or not to allow the App to collect information through other tracking technologies by not authorizing such collection or terminating the authorization. If you block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly. • Location Information. Because the location information we collect is derived from your IP address, it is collected automatically whenever you access the App and cannot be disabled through your device’s location settings. If you do not want us to collect this information, do not use the App. Please note that use of a VPN or other means to obscure your IP address or location is prohibited by the Terms of Use. • Communication Preferences. If you do not want to be contacted by email or text message you have the right to not consent to such use. If you have already consented you may opt out in accordance with the instructions on such communications. • Sale of Your Data. We do not currently sell any of your data, however, if you do not want your data to be sold in the future, you may opt out of such use. • Sharing Your Data. We do not share your data with third parties for marketing purposes. If you do not want your data to be shared, you may opt out of such use. ### 6.2 Your Rights Relating to Your Information Subject to the limitations and exceptions in applicable law, including but not limited to exceptions related to required retention of data for tax or financial purposes, for anti-fraud and anti-theft purposes, and for system functioning, you have the following rights related to your information: • Right to Withdraw Consent. You have the right to withdraw your consent for marketing communications (by following the opt-out instructions on such communications), and for the sale of your personal information or the sharing of your personal information. You may exercise these rights at any time. • Right to Confirm the Processing of Your Information. You have the right to confirm with the Company whether we are processing your personal information, and the categories of personal information that we collect and use about you. • Right to Access Your Personal Information. You have the right to access the personal information we have collected from you, unless otherwise required by law you may only make this request for access once per year. The delivery of the personal information made under this section will be provided in its native format, for example, CSV, TXT, or a PDF extract. • Right to Correct Your Personal Information. You have the right to correct errors in the personal information we store. • Right to Deletion. You have the right to delete your personal information subject to certain legal exceptions. If you make a request to delete your personal information we will delete or deidentify all information that is not subject to an exception. Following a verified deletion request, information used in our vendor ranking engine, loss- and theft-prevention systems, and market analytics will be deleted or de-identified, and we may retain and continue to use aggregated or de-identified data that does not identify you. • Right to Request a Transfer of Your Information. You have the right to request a transfer of your information, however, please note that the information we collect and store is generally unique to the App, as a result, there is no guaranty and the Company makes no representation that a transferee will be able to make use the information we provide, which will be in the formats described in the above "Right to Access Your Personal Information". • Right to Opt Out of Targeted Advertising. At this time the Company does not engage in targeted advertising and as a result the default is that you are opted out of any future targeted advertising absent a change in this Privacy Policy and your consent to such advertising. • Right to Opt Out of the Sale of Your Personal Information. You have the right to opt out of the sale of your personal information. • Right to Opt Out of the Sharing of Your Personal Information. You have the right to opt out of the sharing of your personal information. To exercise your rights please complete the following [form](https://forms.zohopublic.com/jamin3/form/SellorShareOptOutForm/formperma/9JXdBvZWmc-fbMYrVV2h9jeUNoDk5966QZYSAhHOSoY). If you choose to exercise any of your rights above, you will be required to verify your identity, which may include using Company's then-in-effect identity verification process as outlined in the Company Terms of Use prior to any account information being provided to you or changes made to your personal information handling. The following information will not be deleted for a period of seven years from the last paid transaction or deletion request, whichever is greater, as it is associated with financial transactions, business security practices, or is for internal uses that are compatible with reasonable consumer expectations or the context in which the information was provided: full name, unique device identifier, birthdate, phone number, social security number if required to be collected, transaction / submission history, vendor performance / ranking profiles. The following information will not be deleted upon request for Vendors that have been banned as it is related to business security: full name, unique device identifier, birthdate, phone number, social security number if required to be collected, transaction / submission history, government issued identification documents, internet protocol address. ### 6.3 Third Party Use of Your Information We do not control third parties' collection or use of your information (where we are not providing it to such third parties) to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website . ### 6.4 Additional Rights for Users in Specific Locations Residents in certain states, such as California, or who are located in a European Common Economic Zone country or the United Kingdom may have additional personal information rights and choices. Please see the section Specific Privacy Rights for more information. ## 7. Legally Required Disclosures The Company does not sell personal information collected through the App and does not share such information with third parties for cross-context behavioral advertising. If our practices change, we will update this Privacy Policy and provide any legally required notices and opt-out mechanisms before doing so. ## 8. Specific Privacy Rights for Certain Residents or Locations Country and state consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. If you are a resident of, or otherwise covered by any of the below state or countries applicable laws please review the additional rights and disclosures applicable to you: California Privacy Policy and Notices ## 9. Data Security We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure, for example, any payment transactions will be encrypted using SSL technology. The safety and security of your information also depends on you. Where we have given you (or you have chosen) a password for access to certain parts of the App, this password can allow access to the account you hold with the App and allow the person with such a password to access payments and other sensitive features of your account. You are responsible for choosing a strong password, regularly changing it, and keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or through our Apps. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide. ## 10. SMS/Text Messaging ### 10.1 Collection of Mobile Phone Numbers The Company collects mobile phone numbers when you provide them during account signup. By providing your mobile number and checking the SMS consent box at signup, you consent to receive text messages from the Company at the phone number associated with your account. SMS consent is collected separately from your consent to receive emails and is specific to the Company as the message sender. ### 10.2 Types of Messages You Will Receive After opting in, you may receive two categories of text messages from the Company: Account and transactional messages, such as payment approvals, payment status, order confirmations, shipping and tracking updates, and other notifications related to your account or transactions. Promotional and marketing messages, such as new product announcements, special offers, and similar communications. Message frequency varies. Message and data rates may apply. Consent to receive SMS messages is not a condition of using our services. ### 10.3 Message and Data Costs You are solely responsible for any charges imposed by your mobile carrier or service provider for receiving text messages from the Company, including any data, messaging, or other fees associated with the receipt of SMS messages on your device. Message and data rates may apply, and these charges are determined by your carrier, not by the Company. The Company is not responsible for any costs you incur as a result of receiving messages you have consented to receive. If you are unsure about the charges that may apply, contact your mobile carrier before opting in. ### 10.4 Sender-Specific Consent Your consent to receive SMS messages applies only to the Company as the message sender and only to the messaging program you opted into. We do not use SMS consent collected through one Company product or app to send you text messages from a different Company product or app. If you wish to receive text messages from another Company brand or product, you will be asked to provide separate SMS consent through that product's own opt-in flow. ### 10.5 No Sharing of SMS Opt-In Data with Third Parties Mobile information and SMS opt-in consent will not be shared with third parties or affiliates for marketing or promotional purposes. All categories of personal information described elsewhere in this Privacy Policy exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, including any Company parent, subsidiaries, or affiliated brands, for their own marketing purposes. We may share mobile information only with service providers that help us deliver SMS messages on our behalf — including our SMS platform provider, message aggregators, and mobile carriers responsible for transmitting messages. These parties are contractually limited to using the information solely for delivering messages to you and may not use it for their own marketing purposes. We may also disclose information when required by law, subpoena, or valid legal process. ### 10.6 Opt-Out You may opt out of receiving promotional SMS messages at any time by replying STOP to any message. After you send STOP, we will send a confirmation message and you will no longer receive promotional SMS messages from the program you opted out of. You may continue to receive transactional messages essential to your account (such as payment confirmations or shipping updates) unless you close your account. You may also contact us at to request removal. ### 10.7 Help For help with our SMS program, reply HELP to any message or contact us at . ### 10.8 Eligibility SMS messages from the Company are intended for users 18 years of age or older. By opting in, you represent that you are at least 18 and otherwise meet the eligibility requirements of the product you are using. ### 10.9 Data Retention We retain mobile phone numbers and related messaging records for as long as your account is active and as needed to provide the SMS service. When you opt out or close your account, we retain a record of your opt-out request to ensure we honor it, but we will not send you further promotional messages. ### 10.10 Your Rights You have the right to access, correct, or request deletion of the personal information we hold about you, including your mobile phone number. To exercise these rights, contact us at . Depending on your location, you may have additional rights under laws such as the California Consumer Privacy Act (CCPA). ## 11. Changes to Our Privacy Policy We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes. The Company may log you out of the App in order to require your review and agreement to this Privacy Policy, please review this Privacy Policy and associated documents each time you login for any changes. ## 12. Contact Information To ask questions or comment about this privacy policy and our privacy practices, contact us at . To register a complaint or concern, please provide the full details of your complaint and an email and contact phone number to . ## 13. Governing Law and Dispute Resolution This Privacy Policy arises under the Company's Terms of Use and any dispute between you and the Company related to this Privacy Policy shall be governed by the arbitration provisions contained in the Terms of Use and the law applicable to such disputes as contained therein, except to the extent an alternative choice of law is required under applicable law. # Spain Terms of Service Terms of Use - "Triumph: Play for Cash" \*Effective Date: March 2, 2022\* \*Updated: July 9, 2026\* PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER (AS SET FORTH IN SECTION 14 HEREIN) AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION, ESPECIALLY FOR EEA AND UK RESIDENTS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TRIUMPH ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. IF YOU WISH TO OPT OUT OF THESE PROVISIONS, YOU MUST PROVIDE NOTICE TO COMPANY AS DETAILED THEREIN. Triumph Labs, Inc. provides its services in the identified jurisdictions through the following entities (together referred to as "Triumph"): Within the United States of America: **Triumph Arcade, LLC** (USA) San Francisco, California Within the European Economic Community: **SIA Triumph Arcade Europe (EU)** – Reg. #50203614411 Laipu iela 6, Rīga, LV-1050 Latvija Within the United Kingdom: **Triumph Arcade UK LTD** (UK) Suite 1, 7th Floor 50 Broadway, London United Kingdom, SW1H 0DB Currency and Location. Monetary amounts in these Terms may appear in U.S. dollars (USD) for illustration. The currency applicable to your transactions will be the currency displayed to you at the point of purchase or withdrawal for the relevant transaction, and that displayed currency and amount (including applicable taxes and charges) will govern your transaction. If you are a consumer habitually resident in Spain, all amounts related to the Platform (including fees, entry costs, prizes, thresholds, minimums and limits) will be displayed and charged in euros (EUR). Any references to "$", "USD" or dollar‑denominated examples in these Terms are illustrative only and do not apply to you; the applicable thresholds for Spain will be those shown in EUR in the Platform at the time of the relevant transaction. Triumph's website (“Website”), mobile application(s) (“App(s)”), and all services provided through the Website and App(s), including as related to Games and Tournaments (collectively, the “Services”) form the Triumph platform (“Platform”) including its mobile application (the "Triumph App"), which is made available by Triumph. Certain features of the Platform may be subject to additional guidelines, terms, or rules (collectively, “Additional Terms”), which will be posted on the Website or otherwise through the Platform in connection with such features. References to “you” and “your” refer to you, a user of the Platform. THESE TERMS OF USE AND ALL APPLICABLE ADDITIONAL TERMS FORM THE FULL LEGALLY BINDING AGREEMENT BETWEEN TRIUMPH AND YOU REGARDING YOUR ACCESS TO AND USE OF THE PLATFORM (COLLECTIVELY, “AGREEMENT”). BY ACCESSING OR USING THE PLATFORM, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE PLATFORM OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT (EXCEPT FOR THOSE FOR WHICH YOU MAY OPT OUT), DO NOT ACCESS OR USE THE PLATFORM. 1\. PRIVACY. In the course of using the Platform, you may submit User Data (as defined below), including personal information, to Triumph. Triumph’s \[Privacy Policy]\(/privacy-policy-multi-product.md) details how we treat your User Data. We agree to abide by the Triumph [Privacy Policy](https://docs.triumpharcade.com/) and Triumph will process personal data in accordance with the Triumph Privacy Policy and applicable data privacy and protection laws, including, where applicable, the GDPR, the UK GDPR and the LOPDGDD. Nothing in this Agreement is intended to replace the Privacy Policy or to limit any statutory rights that you may have under applicable data protection laws. Where Triumph is required to obtain your consent for a specific processing activity, such consent will be requested separately through the appropriate mechanism. 2\. ACCOUNTS. 2.1 Account Eligibility and Creation. In order to use the Platform, you must register for an account with Triumph (“Triumph Account”) and provide certain information about yourself as prompted by the registration form. In addition you must meet the following requirements: (a) you are at least eighteen (18) years old; (b) all payment methods used by you are associated with an account you own — it is a violation of this agreement to use a payment method not issued to you; (c) you have not been banned by Triumph, or its affiliate Triumph Labs, Inc., for any reason; (d) you have a personal mobile telephone number issued by a telecommunications provider in your country of residence which must be in an Eligible Location; (e) you have a valid government issued identification; and (f) your account is held by a natural person and not for the benefit of any company or entity. ANY ATTEMPT TO CREATE MORE THAN ONE ACCOUNT IS A BASIS FOR IMMEDIATE TERMINATION OF ALL ACCOUNTS AND THE FORFEITURE OF ALL BALANCES ASSOCIATED WITH SUCH ACCOUNTS. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will maintain the accuracy of such information at all times. If you are a consumer habitually resident in Spain, the following additional protections apply: termination, balance restriction or forfeiture for multiple accounts will be applied only where Triumph determines, acting reasonably and proportionately, that the relevant conduct involved fraud, abuse, circumvention of eligibility requirements, unfair advantage, money laundering, sanctions concerns or another serious breach of this Agreement. Triumph may freeze funds while it investigates suspected misuse, but any remaining lawful unused funds will be returned to you within a reasonable period and without undue delay, except for Bonus Cash, In‑Platform Items and any amounts subject to confiscation under Sections 7 or 8. 2.2 Verification of Account Information. Triumph reserves the right to verify the eligibility of any user at any time, during or after account creation, including by asking the user to provide identification or verify the user’s age and/or physical location, payment details and/or complete other checks reasonably necessary to comply with this Agreement, applicable law, fraud prevention requirements or regulatory obligations. If you do not provide accurate eligibility information, or if Triumph cannot reasonably verify your eligibility information as accurate, Triumph may suspend or terminate your Triumph Account and may restrict access to funds or features, in each case acting reasonably, proportionately and in accordance with applicable law, this Agreement and the Triumph Privacy Policy.. Triumph may suspend or terminate your Triumph Account as provided in this Agreement, regardless of whether you meet the eligibility criteria provided herein. For identity verification purposes Triumph uses Footprint and may use other third-party identity verification providers. Where Triumph discloses personal data to such providers, it will do so in accordance with the Triumph Privacy Policy and applicable data protection laws. Such providers may act as processors, independent controllers or other legally recognized roles depending on the relevant processing activity. Where a provider acts as an independent controller, users’ personal data will be processed under that provider’s own terms of service and privacy policy, and users should review those documents before providing their data. Footprint acts as an independent controller for the identity verification process; the Footprint Terms of Service and Privacy Policy may be accessed at and respectively, or elsewhere on the website. If you are a consumer habitually resident in Spain, any suspension, termination, restriction of funds or restriction of features under this Section will be applied only where Triumph acts reasonably and proportionately and has a valid reason, including inability to verify your eligibility, inaccurate information, fraud prevention, security, anti-money laundering, sanctions, age/location eligibility or other legal compliance concerns. Where Triumph terminates your account under this Section and no fraud, misuse or serious breach is established, Triumph will refund any unused funds in your Triumph Account (excluding Bonus Cash, In‑Platform Items and any amounts subject to confiscation under Sections 7 or 8) within a reasonable period and without undue delay. 2.3 Eligible Locations, Compliance With Laws; Triumph restricts all real money gameplay to locations in which Triumph believes it is allowed to operate real money Tournaments (the "Eligible Locations"). Notwithstanding this, you agree that you are responsible for knowing and understanding the law applicable to you and you agree that you will not use the Triumph services in any location in which such services are not allowed; Additionally, if there exists a limit on gameplay in any jurisdiction in which you access the paid Tournaments you agree that you will not exceed any amount of gameplay that would result in a claim against Triumph or any other user of the Triumph system; “Eligible Location(s)” means a location from which access to and/or use of the Platform for the purpose of participating in real-money Tournaments is permitted. You may access and use the Platform from other locations, but you must be in an Eligible Location to participate in real-money Tournaments. Use of and/or access to the Platform to participate in a real-money Tournament from any location that is not an Eligible Location is strictly prohibited. The list of Eligible Locations for each Triumph entity (United States, European Economic Area, United Kingdom and any other region where we operate) is published and kept up to date on the Website and/or in the Triumph App. The Eligible Locations may be subject to change at any time at Triumph’s sole discretion for whatever reason, including to reflect changes in applicable law or our licensing position. In the event a location from which you are participating in a real-money Tournament is no longer an Eligible Location, the Tournament will end and all buy-ins will be returned. If you are a consumer habitually resident in Spain, the following additional protections apply: Triumph will make available in Spain only those real-money Tournaments and Game formats that are structured so that outcomes are determined exclusively by participants’ skill and do not involve any element of chance. If access to any real-money Tournament or Game format in Spain is suspended or discontinued because it no longer meets these requirements or cannot lawfully be offered in Spain, Triumph will apply the change prospectively, except where immediate action is required by applicable law, a competent authority, fraud, security or compliance concerns. Any Tournament that you have already entered and paid for will either be completed where lawful and technically possible, or cancelled and refunded in accordance with these Terms. 2.4 Account Deletion. You may delete your Triumph Account at any time, for any reason, through the app or by sending an email request to . You may also suspend your Triumph Account through a user-initiated account suspension on the application. This is not a permanent account deletion, and suspended Triumph Accounts may be reopened. 2.5 Account Responsibilities. Each user is responsible for maintaining the confidentiality of the user’s Triumph Account login information and each user shall be fully responsible for all activities that occur under the user’s Triumph Account. A Triumph App may be accessible from an unlocked phone, you should maintain control over your phone and employ safeguards to prevent unauthorized access to the Triumph App. You are responsible for maintaining access to the Triumph App within your sole control and any conduct by a third person on the Triumph App gained by using or accessing your phone is your responsibility and you agree that you are liable for deposits made by others who use your phone, unless applicable law does not allow the imposition of such responsibility. Even if your financial institution reverses charges incurred you will remain liable to Triumph for deposits or other transactions made by you or others that access your phone with your permission or as the result of a failure to adequately protect your account. In order to prevent unauthorized use you should password protect your phone and log out of the Triumph App when you are finished with a session. You agree that you will immediately notify Triumph of any unauthorized use, or suspected unauthorized use, of your Triumph Account or any other breach of security. Each user account is to be used solely for access to the Platform by the assigned user. TRIUMPH ACCOUNTS ARE NOT TO BE USED OR SHARED BY MORE THAN ONE INDIVIDUAL OR SOLD OR TRANSFERRED BETWEEN INDIVIDUALS; DOING SO SHALL BE A BASIS FOR IMMEDIATE TERMINATION OF THE APPLICABLE TRIUMPH ACCOUNT(S). ANY PURPORTED SALE OR TRANSFER OF A TRIUMPH ACCOUNT SHALL BE VOID AND OF NO EFFECT. If you are a consumer habitually resident in Spain, the following additional protections apply: nothing in this Section makes you liable for unauthorized transactions or account activity caused by Triumph, the Platform, Triumph’s payment providers, or circumstances outside your reasonable control, and nothing in this Section limits any mandatory rights or protections you may have under applicable payment services or consumer law. 2.6 Authorization for Contact. Each user, by creating an account, authorizes Triumph to contact the user electronically by phone, email, text message, notification, or other electronic means in order to: (i) confirm information about the user; (ii) confirm information submitted by the User; (iii) resolve customer support issues; (iv) request information about the user’s use of the Platform; (v) provide account status information to the user; or (v) take any action in furtherance of this Agreement. This authorization will continue for the term of this Agreement. In order to terminate this authorization the user must send a notice to and terminate all use of the Platform except for the Triumph App solely for the purposes of withdrawal or, alternatively, unsubscribe electronically by following the "stop" or "unsubscribe" information contained in any communication sent to the user; If you are located in the European Economic Area, the United Kingdom or any other jurisdiction where equivalent rules apply, the above authorization does not apply to marketing communications where separate consent or another specific legal basis is required by applicable law. Triumph may send service, transactional, security, account, payment, withdrawal, legal and operational communications where necessary to operate the Platform, perform this Agreement, protect users, ensure security or comply with applicable law. Marketing communications will only be sent where Triumph has a valid legal basis to do so. Where consent is required, Triumph will request it separately. You may withdraw consent or object to marketing communications at any time by using the unsubscribe mechanism included in the relevant communication, replying “STOP” to SMS where available, managing your communication preferences or contacting Triumph through the channels set out in the Privacy Policy. 2.7 Account Types. Triumph may provision game developers with test accounts for purposes of reviewing the system. No withdrawals may be made from test accounts and any amount won in any Tournament is and will remain the property of Triumph. Triumph may allow a flat amount to be withdrawn for test purposes, such amount being independent of any amount gained in any real cash Tournament. 2.8 Idle Account Fee. Accounts that have not been logged into for more than six months will be assessed a monthly fee for non-use. The fee will be equal to 2% (rounded up to the nearest cent) of the balance of the account starting on the sixth month from the last login until the user's balance reaches zero dollars. We will notify you (for example, but not limited to, via the Website and/or Apps) at least thirty (30) days before we begin charging this fee and you may avoid the fee by logging into your account or requesting a withdrawal of any withdrawable funds. We will only apply this fee where permitted by applicable law and will not apply it in any jurisdiction where dormant account fees are prohibited or regulated in a different way. In no case will this fee cause your balance to fall below zero; If you are a consumer habitually resident in Spain, the following additional protections apply: the Idle Account Fee will not apply where your inactivity is caused by Triumph’s suspension or restriction of your account, a technical issue attributable to Triumph or the Platform, or any other circumstance outside your reasonable control that prevents you from logging into your account or requesting withdrawal of withdrawable funds. If you request withdrawal of withdrawable funds during the notice period, the Idle Account Fee will not accrue while that withdrawal request is pending. 3\. USE OF PLATFORM. 3.1 Limited License. Subject to the terms of this Agreement, Triumph grants you a limited, revocable, non- transferable, non-exclusive license to access and use the Platform for your own personal use in accordance with this Agreement. For the avoidance of doubt, your use of any software made available by Triumph in connection with your access to and use of the Platform shall be limited to use of the executable object code format only. Specifically, and without limitation, your access to, or attempt to access, any source code of the Platform to cheat or for any other unauthorized purpose shall be a basis for immediate termination of your Triumph Account. 3.2 Acceptable Use and Restrictions. The rights granted to you in the Agreement are subject to the following rules for acceptable use and restrictions: (a) you shall not access or use the Platform for any purpose other than that for which Triumph makes the Platform available; (b) you shall not use the Platform in connection with any commercial endeavors except those that are specifically endorsed or approved by Triumph, including to advertise or offer to sell any goods or services on the Platform or to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; (c) except as expressly permitted by Triumph in advance in writing, you shall not license, sell, rent, lease, transfer, assign, distribute, or host the Platform to or for a third party; (d) you shall not trick, defraud, or mislead Triumph or other users, especially in any attempt to learn sensitive account information, such as user passwords; (e) you shall not attempt to impersonate another user or person or use the username of another user; (f) you shall not use any information obtained from the Platform in order to harass, abuse, or harm another person; (g) you shall not sell or otherwise transfer your Triumph Account; (h) you shall not make improper use of our support services or submit false reports of abuse or misconduct; (i) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Platform, except to the extent such restriction is prohibited by applicable law, including mandatory rights relating to software interoperability; (j) you shall not circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform or the content contained therein, nor attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform; (k) you shall not disparage, tarnish, or otherwise harm Triumph or the Platform, as determined by Triumph acting reasonably and based on objective criteria; (l) except as expressly stated herein or otherwise permitted by Triumph in advance in writing, or permitted by applicable law, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means (including by, e.g., scraping, mirroring, framing, embedding, or linking); (n) you shall not systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Triumph, nor shall you upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (o) except as may be the result of standard search engine or Internet browser usage, you shall not engage in any automated use of the Platform, such as using creating user accounts by automated means, using scripts to send comments or messages, using any buying or purchasing agent to make purchases from or through the Platform, or using any data mining, robots, or similar data gathering and extraction tools; (p) you shall not interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform; (q) you shall not upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform, nor use the Platform in any manner that interferes with another user’s uninterrupted use and enjoyment of the Platform (such as, e.g., excessive use of capital letters, spamming, the continuous posting of repetitive text, or other abusive, harassing, or obnoxious behavior, as determined by Triumph in its discretion); (r) you shall not harass, annoy, intimidate, or threaten any Triumph employee, agents, or service provider engaged in providing any portion of the Platform to you; (s) your use of the Platform shall at all times comply with all applicable laws and regulations and all applicable terms and conditions of any Third-Party Services (as defined below) upon which use of our Platform depends (as addressed further below); and (t) all copyright and other proprietary notices included within the Platform and on content made available through the Platform must be retained and not modified or obscured. 3.3 Modification. Triumph reserves the right to modify, suspend, or discontinue the Platform, including the Website or Services, or any part thereof, provided that Triumph will use commercially reasonable efforts to give you reasonable prior notice of any Material Change (as defined below), suspension, or discontinuance, except where immediate action is reasonably necessary to address security threats, fraud, legal or regulatory requirements, or to protect the integrity of the Platform. Triumph will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform, or any part thereof, except to the extent such liability cannot be excluded under applicable law. Any future release, update, or other addition to functionality of the Platform shall be subject to the terms of this Agreement. For purposes of this Agreement, “Material Change” (each, a “Material Change” or “Material Modification”) means a change to these Terms or to the Platform that materially affects users’ rights or obligations, or the economic or functional value of the service to the user. By way of example, Material Changes include: (i) changes to fees or payment policies; (ii) changes that remove, restrict, or materially degrade core features or access to the Platform; (iii) changes to dispute resolution, governing law, or jurisdiction; (iv) changes to rules that govern paid competitions (including SBMM/prize parameters) in a manner that affects already‑paid or in‑progress use; and (v) changes to funds handling (including refunds and withdrawals). Non‑material changes (“Non-material Changes”) include fixes for typos, formatting, and clarifications that do not materially alter users’ rights or obligations. If you are a consumer habitually resident in Spain, the following additional protections apply: (a) Triumph will provide reasonable prior notice of any Material Change, as set out above; (b) if you do not accept a Material Change, you may terminate your use of the Platform and this Agreement without penalty, and Triumph will refund any unused funds in your Triumph Account (excluding Bonus Cash, In‑Platform Items and any amounts subject to confiscation under Sections 7 or 8) within a reasonable period and without undue delay; and (c) no modification, suspension, or discontinuance will affect Tournaments that you have already entered and paid for at the time of notification (such Tournaments will be completed or refunded in accordance with this Agreement). 3.4 Ownership. Excluding User Data (as defined below), you acknowledge that all intellectual property rights in and to: (a) the Platform; (b) all names, logos and trademarks used with the Platform; and (c) all content made available by Triumph through the Platform, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, proprietary information, client- and server-side code (e.g., HTML, JavaScript, active server pages, VBScript, databases, or any other code files) are owned by Triumph or Triumph’s licensors. The provision of the Platform does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Triumph and its licensors reserve all rights not granted in this Agreement. 3.5 Third-Party Services. The Platform is designed to interoperate with certain third-party services that are not under the control of or maintained by Triumph (“Third-Party Services”), such as those that provide transactional and/or financial services to Triumph. Certain Third- Party Services are integrated into the basic operation of the Platform and certain Third- Party Services may be added by you for additional fees. You must agree to and you must abide by the terms and conditions of any applicable Third-Party Services, and your violation of the applicable terms and conditions of any such Third-Party Services shall be a violation of this Agreement. Triumph is not responsible for the content of, or any transactions you process on or through, any Third-Party Services. Triumph does not make any representations or warranties about Third-Party Services, or any information, materials, or products found thereon. To the extent that Triumph provides links or references to any Third-Party Services, you acknowledge that Triumph provides them to you solely as a convenience to you. In no event shall Triumph be liable for any loss, claim, damages, costs, or negative experiences that may arise in connection with your access to or use of any Third-Party Services independent of or not directly caused by the Platform, including, without limitation, any transactions processed by you on or through such Third-Party Services. Specifically, and without limitation, you agree to the terms and conditions applicable to the following Third-Party Services. If you are a consumer habitually resident in Spain, the following additional protections apply: nothing in this Section limits any statutory rights or remedies that you may have against Triumph under applicable consumer law in respect of the Platform or any Services provided by Triumph. Where a Third-Party Service is necessary for the use of a paid feature of the Platform, Triumph will make commercially reasonable efforts to identify the relevant Third-Party Service and any material third-party fees or terms before you are required to use or pay for that feature. 3.6 User Responsibilities. In connection with using the Platform and participating in any Game or Tournament, each user is responsible for—and Triumph fully disclaims and is released from any responsibility for: (a) the user’s own devices and telecommunications connections, services, and fees, including for wireless, Internet, and other services. Specifically, and without limitation, the user shall bear the full risk of any malfunction, crash, or failure of the user’s device or connection (whether related to hardware or software or to low or no battery or power supply), for whatever reason; (b) the availability, quality, latency, and continuity of the user’s telecommunications connections and services. Specifically, and without limitation, the user shall bear the full risk of any malfunction, crash, or failure of the networks used to provide the user’s connection to the Platform, for whatever reason; (c) the user’s remaining actively and properly involved in a Tournament during its duration; (d) all other factors that may impact a user’s own participation in a Game or Tournament; and; (e) to promptly and fully disclose to Triumph any exploitative conduct by other players, any bug or defect in any game, the Triumph App, or that may give rise to unfair outcomes between participants or allow access to any Triumph server system; ANY LOSS, LIMITATION, OR NEGATIVE EXPERIENCE A USER SUSTAINS IN CONNECTION WITH ANY OF THE FOREGOING SHALL NOT ENTITLE THE USER TO A REFUND OR ANY OTHER REMEDY. IF A USER’S DEVICE IS UNABLE TO SUBMIT A SCORE TO THE PLATFORM FOR ANY REASON, THE USER WILL AUTOMATICALLY BE GIVEN A SCORE OF ZERO. IF A USER EXITS OUT OF A GAME OR TOURNAMENT FOR MORE THAN FIVE (5) SECONDS, THE USER’S SCORE WILL BE REPORTED AS THE LAST VALID SCORE SUBMITTED FROM THE USER’S DEVICE, IF IT IS AVAILABLE TO TRIUMPH. IN CERTAIN JURISDICTIONS, MORE PARTICULARLY BUT NOT LIMITED TO THE STATE OF ILLINOIS, PLAYING REAL CASH TOURNAMENTS IS ALLOWED BUT THE DEVICE ON WHICH SUCH TOURNAMENTS ARE PLAYED MAY BE SUBJECT TO FORFEITURE AND THE USER SPECIFICALLY ASSUMES ANY RISK OF FORFEITURE OF THEIR DEVICE. If you are a consumer habitually resident in Spain, the following additional protections apply: the disclaimers and score consequences in this Section apply only to events, failures or circumstances that are attributable to your own device, connection, conduct or failure to remain properly involved in the relevant Game or Tournament, and do not limit any statutory rights or remedies you may have where the issue is directly caused by Triumph, the Platform, or Triumph’s software. Where a Triumph or software error materially prevents your participation in, or completion of, a paid Tournament, any refund or remedy will be handled in accordance with the Refund Policy and applicable law. 3.7 Bank Secrecy Act - Anti-Money Laundering Policies You agree that you have read the Triumph [BSA-AML Policy](https://www.notion.so/09e2be37f8c44caea2826e0b22bf06eb) and that Triumph may take any action indicated under the [BSA-AML Policy](https://www.notion.so/09e2be37f8c44caea2826e0b22bf06eb). By using the Platform you represent that you are not on any Specially Designated Nationals or Blocked Persons list (”SDN”) maintained by the US Office of Foreign Assets Control. You also represent that you are not listed on, or otherwise the target of, any applicable sanctions maintained by the European Union, any EU Member State, or the United Kingdom (including the UK Sanctions List and the Consolidated List of Financial Sanctions Targets). We may take any action permitted under our BSA-AML Policy and under applicable anti-money laundering, counter-terrorist financing and sanctions laws in the jurisdictions in which we operate. If you are a consumer habitually residing in Spain, the following additional protections apply: any suspension, restriction, withholding, forfeiture or other action taken under this Section will be applied only where reasonably necessary, proportionate and permitted or required under applicable anti-money laundering, counter-terrorist financing, sanctions, fraud-prevention or other applicable legal requirements, and nothing in this Section limits any statutory rights or remedies that cannot be excluded under applicable law. 4\. USER CONTENT. 4.1 User Data. “User Data” means any and all information and content that is input into the Platform by or on behalf of a user except for the Payment Data, defined below. User Data may include content, materials or information uploaded, submitted, posted, displayed or otherwise made available by a user through the Platform (“User Content”), as well as account information, gameplay information, scores, rankings, activity data, technical data and other information relating to the use of the Platform. To the extent that User Data includes personal data, Triumph will process such personal data in accordance with the Triumph Privacy Policy and applicable data protection laws. Nothing in this Section is intended to grant Triumph any license or ownership right over personal data as such, or to limit any statutory rights that users may have under applicable data protection laws. You acknowledge and agree that Triumph is not responsible for any User Data, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Triumph does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Data, except to the extent required by applicable law. 4.2 User Data Responsibilities. Triumph is not obligated to backup any User Data and you are solely responsible for creating backup copies of your User Data, if you desire. If you are a consumer habitually resident in Spain, the following additional protections apply: this Section does not limit any statutory rights or remedies you may have where loss of User Data is directly caused by Triumph’s failure to provide the Platform in accordance with this Agreement or applicable law. 4.3 Right to Remove Data. You agree that Triumph has the right to remove any content, including User Data, from the Platform at any time, where Triumph considers it reasonably necessary to operate, secure or protect the Platform, enforce this Agreement, comply with applicable law, prevent fraud, cheating, abuse or misuse, protect other users, or respond to legal or regulatory requests. Triumph also has the right to refuse, move, or block access to any material submitted on or through the Platform, and to establish general practices and limits concerning use of the Platform. The decision of whether or not to remove content from the Platform is within Triumph’s reasonable discretion, subject to applicable law. Triumph has no obligations, contractual or otherwise, to take or refrain from taking any action. Under no circumstances will Triumph be liable for removing or failing to remove any content except to the extent such liability cannot be excluded under applicable law. To the extent that any removed, restricted or blocked content includes personal data, Triumph will handle such personal data in accordance with the Triumph Privacy Policy and applicable data protection laws. Nothing in this Section limits Triumph’s obligations or users’ statutory rights under applicable data protection laws, including any applicable retention, deletion, restriction, blocking or preservation obligations. 4.4 License. You hereby grant, and you represent and warrant that you have the right to grant, to Triumph a non-exclusive, royalty-free, fully-paid, worldwide, transferable and sublicensable license to use, reproduce, distribute, publicly display and perform, modify, adapt, prepare derivative works of, incorporate into other works, and otherwise exploit any User Content, solely to the extent necessary to operate, provide, maintain, secure, improve and make available the Platform and its features, including leaderboards, rankings, match results and similar public or semi-public features, and for any other specific purpose identified in connection with the collection of such User Content. For the avoidance of doubt, to the extent that any User Content, User Data or other information relating to you constitutes personal data, Triumph will process such personal data in accordance with the Triumph Privacy Policy and applicable data protection laws. More specifically, may create aggregated and/or anonymized data sets used to improve the Platform, including to use such data for algorithm development, machine learning, and the creation and development of other features and functionality, provided that such data does not identify you and cannot reasonably be used to identify you. For the avoidance of doubt, aggregated or anonymized data may be retained and used after you stop using the Platform. Any pseudonymized, de-identified or similar data that remains capable of being attributed to you, directly or indirectly, will continue to be treated as personal data and processed in accordance with the Privacy Policy and applicable data protection laws. The license granted under this Section will continue only for as long as reasonably necessary for the purposes described above, unless a longer period is required or permitted by applicable law, the relevant User Content has been incorporated into aggregated or anonymized data, or residual backup copies are retained in the ordinary course of business subject to Triumph’s retention and deletion procedures. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content but only to the extent necessary to allow Triumph to operate, provide and make available the Platform and its relevant features. This waiver does not limit any statutory data protection rights that you may have under applicable law. If you are a consumer habitually resident in Spain, the following additional protections apply: nothing in this Section requires you to waive any moral rights that are non-waivable under applicable law, and any waiver or non-assertion of moral rights applies only to the extent permitted by applicable law and strictly necessary for Triumph to operate, provide and make available the Platform and its relevant features. 4.5 Feedback. If you provide Triumph any feedback or suggestions regarding the Platform (“Feedback”), you hereby assign to Triumph all rights (including all intellectual property rights) in and to the Feedback and agree that Triumph shall have the right to use such Feedback and related information in any manner it deems appropriate. Triumph will treat any Feedback you provide to Triumph as non-confidential and non-proprietary. You agree that you will not submit to Triumph any Feedback that you consider to be confidential or proprietary. If you are a consumer habitually resident in Spain, the following additional protections apply: to the extent any Feedback constitutes a copyright-protected work, the assignment and use rights in this Section will apply only to the extent permitted by applicable law and will not require you to waive any non-waivable moral rights. 4.6 Other Users. Each user of the Platform is solely responsible for any and all of such user’s User Data. You acknowledge and agree that we are not responsible for any User Data and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Data and we assume no responsibility for any User Data. The Platform provides features and functionality by which you may interact with one or more other users. You agree that, regardless of whether Triumph personnel is present or not and regardless of whether Triumph personnel intervene or not, Triumph has no obligation to restrict or prohibit your interaction with other users, and Triumph will not be responsible for any loss or damage incurred as the result of your interactions with other users. If there is a dispute between you and any other user, we are under no obligation to become involved. If you are a consumer habitually resident in Spain, the following additional protections apply: nothing in this Section limits any statutory rights or remedies you may have where loss or damage is directly caused by Triumph’s failure to provide the Platform in accordance with this Agreement or applicable law. 4.7 Sharing of User Information. The Platform may provide information from or about users using the Platform to other users. Currently the Platform allows other users to view a user’s profile, their general location, the user uploaded profile image, and user scores in matches with other users where this is necessary for the operation of Platform features, including profiles, leaderboards, rankings, match results, tournament participation, prize outcomes, social features or other public or semi-public features. Triumph makes commercially reasonable efforts to indicate clearly when a user is using a feature that permits the sharing of information with other users. Triumph will take reasonable steps to ensure that any such sharing is limited to what is necessary for the relevant feature and is described in the Triumph Privacy Policy. Triumph does not and cannot verify all information provided by users. Triumph does not control, and makes no representations or warranties as to, the identity, character, or behavior of any user, and Triumph disclaims, and you release Triumph from, any and all liability relating thereto except to the extent such liability cannot be excluded under applicable law. Users should exercise caution and judgment when interacting with other users, in both online and offline interactions, as when interacting with any other individual a user does not know. In certain circumstances where a user is located in a specific jurisdiction they may be entitled to release of other contestants information pursuant to applicable law. To the extent that such a release is required by applicable law Triumph will disclose only the information legally required and will do so in accordance with applicable data protection laws. Triumph makes no representation or warranty as to the accuracy of the information supplied by users. Users acknowledge and agree to the release of such information where required by applicable law and waive any claims against Triumph for the misuse or disclosure of such release by a user to whom such information is required to be released/ Nothing in this Section limits any statutory rights that users may have under applicable data protection laws. If you are a consumer habitually resident in Spain, the following additional protections apply: the waiver of claims in this Section will not apply to the extent that any misuse or unlawful disclosure is directly caused by Triumph’s breach of this Agreement or applicable law. 4.8 Skill Based Matchmaking and Tournaments. The results of matches are never predetermined and Triumph does not use bots in any multi-player Tournament and Triumph attempts to detect and ban any users who attempt to cheat in order to ensure that you will always be playing against real people in any multi-player Tournament. Triumph takes measures designed to detect and restrict users who attempt to cheat, manipulate results or otherwise misuse the Platform, in order to preserve the integrity of Tournaments and to ensure that, in multi-player Tournaments, users play against real people. As further described in the Privacy Policy Triumph may collect and process score data, gameplay data, skill indicators, account data, technical data and related usage information to create score and skill profiles for purposes, including to: (i) match players in tournaments based on their skill profiles or score data; (ii) create customized prize offerings in single player games; (iii) use skill based match-making ("SBMM") to match players; and (iv) for anti-cheating purposes. The application of Triumph's SBMM algorithms may match users within a set range of users who are of similar skill, for example, within 30%. In single player games the score or skill profiles may be used to create custom prize schedules, including the score required for prizes or the "jackpot". Customized scoring thresholds or customized prize schedules based on a user’s score or skill profile apply only in single player games and do not apply in multi-player, 1v1, Tournament or other competitive formats. In competitive formats, all participants are scored and ranked on the same raw-score basis, and the highest score wins. Certain Tournament types and prize formats may not be made accessible to a player until that player has played a certain number of games, such as practice games, in order to fully develop a score or skill profile. Triumph may change the parameters used to create single-player prize offerings or the SBMM parameters from time to time, and Triumph will provide reasonable advance notice of any Material Change before it takes effect, including changes that may increase the skill difference between players or that may take into account the value of the tournament being entered by a player. For clarity, routine prospective adjustments to single-player prize offerings or SBMM parameters that do not materially affect users’ rights or obligations, the economic or functional value of the service, or any already-paid or in-progress Tournament will not constitute a Material Change. Any such processing of personal data will be carried out in accordance with the Privacy Policy and applicable data protection laws, including the GDPR and the LOPDGDD. If you are a consumer habitually resident in Spain, the following additional protections apply: within any multi-player, 1v1, Tournament or other competitive format, all participants in the same match or competition will be subject to the same gameplay, scoring and ranking rules, and the outcome will be determined solely by the players’ raw scores and skill. Players in the same match or competition may enter at different buy-in or stake tiers, including through cross-wager matching, and the applicable payout schedule, payout table, fees or rake may vary by player. These are economic or commercial terms, not gameplay, scoring or ranking conditions, and do not introduce an element of chance into the competition. The applicable payout schedule, payout table, fees, rake, buy-in or stake tier and any SBMM parameters that materially affect the Tournament will be clearly disclosed to each user before entry and will not be changed retroactively once the user has entered and paid for the Tournament. Where Triumph uses automated systems or profiling in a manner that produces legal effects concerning a user or similarly significantly affects a user, the user will have the rights set out in the Privacy Policy and applicable data protection laws, including, where applicable, the right to request human intervention, express their point of view and contest the decision. Triumph makes no representations regarding its use or the effectiveness of the SBMM. Despite the Company's SBMM, in any match between players it is unlikely that all players will be at the same level. You acknowledge and agree that you may be matched against a player of higher or lower skill in any tournament. If you are a consumer habitually resident in Spain, any such matching will not affect the requirement that all participants in the same match or competition are subject to the same gameplay, scoring and ranking rules. 5\. GAMES AND TOURNAMENTS. 5.1 Games and Tournament Types. As used in the Agreement, a “Game” is an application, website, or other online service or offering that a user plays, using the user’s skill, to achieve a certain score. A “Tournament” is a competitive format for users to play a Game that permits the payment of entry fees to participate in a bona fide contest of skill, with prizes awarded based on the users’ participation in and outcome of the Game. Games may be played in practice modes that do not involve the payment of real-money entry fees (as is the case in a Tournament), and Games may include a tutorial on gameplay. You agree that you will review the tutorial and use practice mode prior to entering any real money Tournaments. Within the Platform, Tournament types include, without limitation, “1v1,” where users compete against each other, and “Blitz Mode,” where a user accrues winnings based on points scored during the Game, multiplayer where users may play simultaneously against other players. The parameters and rules (“Rules”) of each Game and Tournament are more fully explained within the Platform, and by playing any Game or entering into any Tournament you expressly agree to the Rules associated therewith. Triumph may modify, add, and remove Rules and/or Tournament types from time to time, provided that Triumph will use commercially reasonable efforts to give you reasonable prior notice of any Material Change. If you are a consumer habitually resident in Spain, changes to Rules or Tournament types will not apply retroactively to Tournaments that you have already entered and paid for at the time of notification. 5.2 Tournament and Other Fees. 5.2.1 Tournament Fees Triumph charges entry fees for participation in Tournaments as follows: (a) In Blitz Mode (single player) such fees are the amount of each entry as indicated in your selection screen; (b) In 1v1 Tournaments the entry fee is the difference between your entry and the winnings divided by two, for example in a 1v1 Tournament where the entry fee is $0.60 and the total prize is $1.00 the fee charged to each person is $1.20 - $1.00 / 2 or $0.10. Note that the applicable currency will be displayed before you enter the Tournament and may vary based on your location (e.g., USD, EUR, GBP; (c) In multiplayer Tournaments the entry fee is the cost of entering the tournament as indicated in your selection screen, in such Tournaments the number of total entrants will either be identified in the tournament selection screen and the prize outcomes for each place in the tournament identified or the maximum and minimum number of entrants and the prizes associated with such maximum and minimum identified (with any number in-between having a prize based on the same ratio as the maximum and minimum; (d) In challenge mode, the number of entrants is unlimited and anyone who pays the entry fee may participate during the period that the challenge mode is active, which will be identified on the Tournament screen. At the time of entry the leaderboard will identify the then current leaders, their place in the Tournament, and the prize for each place that will be awarded as of the time that you enter such Tournament; In each case the amount of the entry fee and the potential prize available and the requirement that must be met in order to receive such prize will be provided to you prior to you being able to enter such Tournament. You agree that you will review all prize distributions prior to making a selection and will not enter a selection if you do not understand the effect such selection will have; 5.2.2 Other Fees Triumph imposes a fee for instant withdrawal to a bank account/eligible payment method. The amount of this fee (and any applicable exchange rate or third-party processing charges) will be clearly disclosed to you before you confirm the withdrawal, and any change to the fee will apply only to future withdrawals. Triumph may change this fee from time to time where we have a valid reason (for example, changes in third-party costs, fraud or compliance requirements), but we will not change the fee after you have initiated a withdrawal. Withdrawals may be made to a bank account using ACH (or an equivalent standard bank transfer method, where available in your location) without any fee; If you are a consumer habitually resident in Spain, the following additional protections apply: withdrawals made to cash out unused funds following a termination initiated by Triumph or upon your non‑acceptance of a Material Change will not incur an instant‑withdrawal fee, and Triumph will refund any unused funds in your Triumph Account (excluding Bonus Cash, In‑Platform Items and any amounts subject to confiscation under Sections 7 or 8) within a reasonable period and without undue delay. 5.3 Tournament Participation. A user may participate in a Tournament by entering the Tournament within the Platform. For each Tournament into which a user enters, the user’s entry indicates that the user affirmatively acknowledges and agrees: (a) to pay the specified and non-refundable entry fee before gameplay commences; (b) it is the user’s responsibility to understand and abide by the rules of the Game and of the Tournament; (c) to accept the outcome of the Game, which shall in all cases be finally determined by Triumph in its sole discretion based on the scores of the users and according to the process provided below, in its discretion; (d) that Triumph shall take a fee from every Tournament; (e) that Triumph reserves the right to take a variable percentage fee from Tournament prize pools; (f) that the User understands the gameplay, has read any available tutorial, and has played on Practice Mode. The user acknowledges that on games where maps or gameplay are changed, the maps on Blitz Mode cycle through ten versions, one of which is changed each hour. Prior to entering into a Blitz Mode tournament, the User agrees that they will play each version until they fully understand the map and game dynamics in practice mode prior to entry into a paid Tournament; If you are a consumer habitually resident in Spain, all participants in the same Tournament will play on the identical map or version and with identical game parameters. The applicable map, version and parameters will be fixed before entry or payment and will not change during that Tournament. Any scheduled rotation or versioning will only apply to future Tournaments that have not yet been entered or paid for. (g) that gems or other digital items that are not designated in a legal currency and are issued during gameplay or incident to any type of Tournament (”Digital Goods”) have no cash value and may be removed from an account at any time and that Triumph may at its sole discretion change, offer, or remove any Tournament using Digital Goods, may delete such Digital Goods, or may terminate the offer of such Digital Goods at any time and for any reason, as more fully set forth in Section 6.5.2 herein. 5.4 Tournament Outcome. Once a Tournament has reached an end-state, the outcome shall be as follows: (a) a user wins a Tournament if the user’s score gives the user a winning position in the specified rank ordering of the prizes for the Tournament (i.e., the payout distribution); (b) a user loses a Tournament if the user’s score does not give the user a position in the specified payout distribution; and (c) a user ties a Tournament if the user’s score matches at least one other user in the same position in the specified payout distribution. 5.5 Tournament Payout. At the end of a Tournament: (a) Triumph shall credit the account(s) of the winner(s) in accordance with the payout distribution; (b) in the event of a tie, Triumph splits the specified prize equally among all of the users who tied for that position in the payout distribution. 5.6 Additional Tournament Terms. (a) The matching of players of similar skill, as determined by Triumph, in its sole discretion may be employed in any Tournament. (b) With respect to Blitz Mode Tournaments, players’ prizes scale as scores increase. The payout distribution is specified on a “Blitz Screen,” which ascribes different winnings for different scores achieved for each discrete game. A Blitz Mode Tournament may have options for games with differing entry fees. The Blitz Screen and the parameters of the entry fee and Blitz Screen prizes are binding once a player chooses to enter the Tournament. Blitz Mode Tournaments may or may not require fees. 5.7 Streaks. You may enter a tournament type where the prize is based on meeting score targets in one or more games in a row (referred to as "Streaks"). The game parameters for each game may vary between versions of the game. For any given Streak, the applicable game parameters will not change during that Streak. You acknowledge that you have had the opportunity to thoroughly practice each variation of a game for free, have agreed to do so as required in these Terms, and that you understand any risk associated with meeting the scores required in each version of such game; If you are a consumer habitually resident in Spain, all participants in the same Streak will play on the identical version and with identical parameters for that Streak. The applicable version and parameters will be fixed before entry or payment and will not change during that Streak. Any scheduled rotation or versioning will apply only to future Streaks that have not yet been entered or paid for. Where a Streak involves opponent assignment, Triumph will ensure that the assignment parameters are controlled so that the probability of completing the Streak is not materially affected for players of comparable skill. 6\. FEES, FUNDS, AND WITHDRAWAL 6.1 Fees. We will use commercially reasonable efforts to display and explain all applicable fees in connection with the use of the Platform, including all applicable Game and Tournament fees. The fees may be presented as a cost to enter and a total published prize payout for a given Tournament; in those cases, the platform fee equals the difference between the total entry fees collected from participants and the published prize payout for that Tournament, as disclosed before you enter, and neither the fee nor the published prize payout will be reduced after your entry. In addition to any fees charged by Triumph for use of the Platform, you may also be charged for the use of Third-Party Services. Triumph may change its fees and payment policy from time to time where it has a valid reason (for example, changes in operating costs, third‑party costs, market conditions, fraud or compliance requirements, or changes in applicable law). Triumph will provide reasonable advance notice of any fee Material Change before it takes effect. Fee changes will not apply retroactively to Tournaments already entered and paid for at the time of notification. As provided above, we contract with one or more third parties to facilitate the processing of fees and payments. If you are a consumer habitually resident in Spain, the following additional protections apply: (a) where you do not accept a fee Material Change notified in accordance with this Section, you may terminate this Agreement and your use of the Platform without penalty within the applicable notice period; and (b) upon such termination, Triumph will refund any unused funds in your Triumph Account (excluding Bonus Cash, In‑Platform Items and any amounts subject to confiscation under Sections 7 or 8) within a reasonable period and without undue delay. 6.2 Adding Funds into Triumph Account. Any funds added to your Triumph account are non-refundable and may be used solely for Tournament entries only. You may add funds to your Triumph Account after (i) Triumph has verified that you are located in an Eligible Location; and (ii) you have indicated your acceptance of this Agreement, including our Privacy Policy. All funds added to a Triumph account may only be used for entrance into Tournaments and are non-transferrable and will not be refunded by Triumph, except as required by applicable law or other legal obligations. If you are a consumer resident in the European Economic Area or the United Kingdom, you may request withdrawal of the cash balance of your Triumph Account (excluding Bonus Cash and In-Platform Items and any amounts subject to confiscation under Sections 7 or 8) at any time, subject to (i) completion of our identity and fraud-prevention checks as described below in Clause 6.3 (a), and (ii) any legal or regulatory restrictions (including anti-money laundering and sanctions requirements); If you are a consumer habitually resident in Spain, the following additional protections apply: (a) where Triumph provides reasonable prior notice of a Material Change, suspension, discontinuance or change to these Terms under Sections 3.3, 6.1, 6.5.2 or 16.3 and you do not accept the change, you may terminate this Agreement and your use of the Platform without penalty; and (b) upon such termination, Triumph will refund any unused funds in your Triumph Account (excluding Bonus Cash, In‑Platform Items and any amounts subject to confiscation under Sections 7 or 8) within a reasonable period and without undue delay. For the avoidance of doubt, this Section does not affect: (i) the non‑retroactivity protections for paid Tournaments elsewhere in this Agreement; or (ii) the compensation mechanism for In‑Platform Items in Section 6.5.2. Funds may only be withdrawn from your Triumph Account in accordance with this Agreement. The only funds available for withdrawal are those that you have received as a prize and not any amounts added to an account from other sources; You must deposit funds from an account or card you own or that is issued to you and agree that you will not deposit funds using any other persons account or credit or debit card. Tournaments may be illegal in the jurisdiction in which you are located; if so you are not authorized to use your payment card to complete a transaction; When you win a prize, such prize is designated in United States Dollars and is credited to your Triumph account, within Triumph such funds may only be used for tournament entries and for no other purpose. You may make a withdrawal request and such request will be processed as described below; 6.3 Withdrawal of Funds. The following terms apply to all withdrawal requests from your Triumph Account: (a) You may not withdraw any funds from your Triumph Account unless and until we have completed a Know-Your-Customer (“KYC”) verification of your status as a user. The successful completion of a KYC verification shall be determined by Triumph acting reasonably and in accordance with applicable law, this Agreement and the Triumph Privacy Policy. As part of this process you may be required to provide certain information necessary to verify your identity, age, eligibility, location, payment details and entitlement to withdraw funds, including, where applicable:: (i) uploading an image of a government issued photo identification; (ii) taking a live video selfie or similar verification image for the purpose of matching you to your photo identification and preventing fraud; and (iii) allowing the collection of location data strictly necessary to verify your jurisdiction, eligibility, withdrawal request, fraud risk or compliance with applicable legal requirements. Some of the information provided, including facial images and scans, may constitute “biometric data” or "special categories of personal data" under applicable data protection laws where it is processed through specific technical means for the purpose of uniquely identifying or authenticating you. By using the Platform for purposes of a withdrawal you specifically acknowledge that Triumph may collect and process such information for the purposes of verifying your identity, age, eligibility and withdrawal request, preventing fraud, complying with legal and regulatory obligations, protecting users and maintaining the security and integrity of the Platform, in each case as described in the Triumph Privacy Policy and subject to applicable data protection laws. Where we are subject to data protection laws such as the EU General Data Protection Regulation ("GDPR") or the UK GDPR, we will only process such data where permitted by those laws, including where there is an appropriate legal basis under Article 6 GDPR and, where biometric data or other special categories of personal data are processed, a valid condition under Article 9 GDPR, such as explicit consent where required or another applicable legal basis. Where explicit consent is required for the processing of biometric data or other special categories of personal data, Triumph will request it separately, clearly and specifically. Refusing or withdrawing such consent may affect your ability to complete the relevant verification or withdrawal process where no suitable alternative verification method is available or where the processing is legally required. Where KYC verification, fraud checks or withdrawal decisions involve automated processing that produces legal effects concerning you or similarly significantly affects you, you will have the rights set out in the Triumph Privacy Policy and applicable data protection laws, including, where applicable, the right to request human intervention, express your point of view and contest the decision. Your rights in relation to such data, including rights of access, erasure and restriction, are described in our Privacy Policy. Nothing in this section limits any statutory rights that you may have under applicable data protection laws. (b) You must not be banned from the platform and must not have violated any of the terms of this Agreement; You do not have a claim for any account balance without downloading and using the Triumph App in accordance with this Agreement; (c) You may only withdraw funds that you have entered into a Tournament or won in a Tournament. For example, if you contribute $10 to your Triumph Account, enter a Tournament for $5, and win $5 and receive your initial $5 entrance fee returned, you may withdraw only the $10 (the $5 paid to enter and the $5 won), the $5 that was not entered into a Tournament or won in a Tournament may not be withdrawn until after it has been used for entering into a Tournament. (d) Unless approved by Triumph you may not withdraw more than $250 in eligible funds during any single period of seven (7) consecutive days. (e) The Platform’s default automated withdrawal solution requires that each user receive a payout on the user’s debit card or their bank account. If you do not have a bank account or debit card, you may call us at a user support number posted through the Platform and we will attempt to facilitate a manual payout, on a case-by-case basis and in our discretion; (f) All withdrawal transactions must be at least $5 or greater, and will process within two weeks of the request. (g) If you are withdrawing more than $600 in any calendar year Triumph may require that you provide certain tax information by completing forms prior to such withdrawal. (h) You are solely responsible for reporting and paying any applicable taxes on any prizes, whether or not withdrawn from your Triumph Account. (i) All withdrawals are final and cannot be reversed by Triumph. YOU BEAR THE ENTIRE RISK OF ENTERING THE CORRECT BANK ACCOUNT, DEBIT CARD, OR OTHER ACCOUNT INFORMATION INCIDENT TO A WITHDRAWAL; TRIUMPH SHALL HAVE NO RESPONSIBILITY FOR YOUR ENTRY OF INCORRECT DEBIT CARD INFORMATION. (j) You may only connect one account type to your account for the purposes of withdrawals, for example, you may only connect a single bank account, debit card, or PayPal account and withdraw into it. Use of multiple accounts is grounds for the termination of your account; After a review and withdrawal request meets the above requirements Triumph will approve the conversion of the maximum amount of non-bonus cash contained in your account into a withdrawable equivalent and process the transmission of such amount in accordance with your instructions; If you are a consumer habitually resident in Spain, the following additional protections apply: where a refund or payout of unused funds is due under these Terms (including refunds following a termination initiated by Triumph under Section 12 or upon your non‑acceptance of a Material Change under Sections 3.3 or 16.3), Triumph will process the refund using a no‑fee method, will not charge any instant‑withdrawal fee for that transaction, and will refund any unused funds in your Triumph Account (excluding Bonus Cash, In‑Platform Items and any amounts subject to confiscation under Sections 7 or 8) within a reasonable period and without undue delay. 6.4 Refund Policy. 6.4.1 In-Platform Tournament Transactions All Tournament entries are final and binding. Triumph will only refund Tournament entries in the event of an error by Triumph or its software, in the event that no match occurs for a significant period of time, or if cheating is discovered, or if applicable law or other legal obligations requires making a refund, as determined by Triumph in its sole discretion; Triumph may review and modify the fees charged and payments made in any transaction, and reimburse such amounts in its sole discretion, based on any complaint or report of special circumstances concerning a transaction; 6.4.2 Prepaid Game Credit Refunds Except as required by law or other legal obligations Triumph will only refund transactions where you purchase prepaid game credits in the following circumstances; (a) If the user provides evidence that the transaction was fraudulent; (b) If the transaction was the result of an error, for example, in the case of a doubled transaction, but only to the extent that the prepaid game credits related to such additional transactions were not used; (c) At Triumph's sole discretion if the user is no longer able to access Eligible Locations. All refund requests must be made within thirty (30) days of the date of transaction. Triumph will review the requests and provide a response within three (3) business days. The sole mechanisms available for any refunds are the addition of prepaid game credits to your Triumph account or a reversal or payment through the payment means used to initiate such disputed transaction; If you are a consumer habitually resident in Spain, the following additional protections apply: (a) Tournament entries will be refunded where the Tournament is cancelled or does not start within the published window, where a Triumph or software error prevents your participation or completion, where cheating, fraud or a rule breach by other participants materially affects the outcome, where a payment processing error or duplicate charge occurs, or where a charge is unlawful; assessments will be made on objective criteria and references to Triumph’s “sole discretion” will not prevent a refund where these conditions are met; (b) for purchased prepaid game credits that are affected by the circumstances above and remain unused, you will be entitled to proportionate compensation in the form of replacement credits of equivalent value or, at your choice where feasible, a monetary refund to the original payment method; (c) the 30‑day request window does not prejudice any statutory rights or remedies you may have under applicable Spanish consumer law; and (d) Triumph will process refunds using a no‑fee method (no instant‑withdrawal fee applies) and will refund any unused funds in your Triumph Account (excluding Bonus Cash, In‑Platform Items and any amounts subject to confiscation under Sections 7 or 8) within a reasonable period and without undue delay. 6.5 Promotions. 6.5.1 Bonus Cash and Promotions Triumph may make promotional offers with different features and different rates for products and services offered through the Platform. These promotional offers, unless made to you directly, shall have no bearing whatsoever on your access to and use of the Platform. All promotional offers will be settled in "Bonus Cash" which have the following features: (i) it is for prepaid game entries only and may only be used for such; (ii) it may not be withdrawn or transferred; (iii) upon a withdrawal of any funds from a users account any unused "Bonus Cash" will be forfeited; If you are a consumer habitually resident in Spain, the following additional protections apply: any promotional offer made available to you will clearly disclose the material conditions applicable to the offer before you participate, including eligibility requirements, validity period, play-through or use restrictions, withdrawal restrictions and any circumstances in which Bonus Cash may expire or be forfeited. 6.5.2 Gems or Other Game Credits Triumph may provide "gems" or other digital items ("In-Platform Items") that may be exchanged for game play in Tournaments, including Tournaments with no cash prizes. You agree that In-Platform Items have no value and that Triumph may from time to time where it has a valid reason (for example, changes in operating requirements, third‑party dependencies, fraud or compliance requirements, or changes in applicable law), terminate games with In‑Platform Items, cease using such In‑Platform Items, or delete and remove In‑Platform Items, and will provide reasonable advance notice of any Material Change before it takes effect, Regardless of any terminology used in connection with the Platform, you do not own any of the In-Platform Items or acquire any rights therein other than as expressly set forth herein; rather, you have been granted a limited, personal, revocable, non-transferable, non-sublicensable license to use the In-Platform Items within the Platform. Any limited license for In-Platform Items is final and is not refundable, exchangeable, or transferable, except as expressly provided in this Agreement. THE IN-PLATFORM ITEMS HAVE NO ECONOMIC OR MONETARY VALUE. YOU MAY NOT PURCHASE, SELL, OR EXCHANGE IN-PLATFORM ITEMS OUTSIDE THE WEBSITE. Any purported transfer of In-Platform Items shall be void. Doing so is a violation of these Terms of Use and may result in termination of your Triumph Account and/or legal action. If you violate these Terms of Use or if for any other reason your account is terminated or disabled, your license to the In-Platform Items shall be immediately terminated, without any compensation or reimbursement to you, except as expressly provided in this Agreement. The In-Platform Items offered shall be at the discretion of Triumph and Triumph may change, reduce and/or increase the offer of In‑Platform Items, and adjust the methods of acquisition of In‑Platform Items from time to time where it has a valid reason (for example, changes in operating requirements, third‑party dependencies, fraud or compliance requirements, or changes in applicable law). Triumph will provide reasonable advance notice of any Material Change to the In‑Platform Items offering before it takes effect. If you are a consumer habitually resident in Spain, the following additional protections apply: if In‑Platform Items that you have acquired as consideration for a paid Tournament entry are eliminated or materially devalued, you will be entitled to proportionate compensation. Such compensation may take the form of replacement In‑Platform Items of equivalent value or prepaid game credits; where no reasonable alternative is available, you will be entitled to a refund of the proportionate amount actually paid for the paid component under which the item was granted. For the avoidance of doubt, this carve‑out does not apply to Bonus or Promotional Items granted free of charge. 6.6 Stored Payment Terms. The Triumph Platform may provide the means to store payment information, including but not limited to bank account numbers, credit card or debit card numbers, or account credentials linking one or more account to your Triumph Platform account (the "Payment Data"). 6.6.1 Agreement to Store Account Data. By manually entering and clicking the box authorizing Triumph to store your Payment Data you authorize Triumph to store such Payment Data and certify that you are the owner of the account associated with the Payment Data and authorize such accounts to be charged by Triumph upon your approval, in accordance with this Agreement, the Triumph Privacy Policy, applicable payment provider terms and applicable law. All stored Payment Data will be stored locally on your mobile device accessible through the Triumph App and may be removed from the Triumph App at any time by you. Triumph will not store your Payment Data outside of your device but may transmit it as necessary to complete any transactions with the Triumph Platform. unless expressly stated and permitted by applicable law and payment security requirements. Triumph may receive and process payment tokens, payment identifiers, transaction confirmations, chargeback information and other limited payment-related information necessary to operate the Platform, prevent fraud, resolve disputes and comply with legal obligations. To revoke your consent to the storage of your Payment Data you can: (i) remove the account data from storage within the Triumph App; or (ii) delete the Triumph App. subject to any retention required for legal, accounting, fraud prevention, dispute resolution or regulatory purposes 6.6.2 Use of Account Data. The stored Payment Data may be used by you in accordance with this Agreement to: (a) Initiate the purchase of pre-paid game credits, by selecting and authorizing the purchase amount in the Triumph App; (b) Initiate withdrawals from your account to an account associated with your stored Payment Data. Stored Payment Data may only be used to initiate transactions that you request or authorize through the Platform, or as otherwise necessary to process, verify, reverse, dispute or record such transactions in accordance with this Agreement, the Triumph Privacy Policy, applicable payment provider terms and applicable law. 6.6.3 Limitations of Use by Triumph. Triumph will not do the following with any stored Payment Data: (a) Initiate transactions without your consent; (b) Provide for scheduled transactions, all transactions must be initiated by you. Triumph and its payment providers will process Payment Data in accordance with this Agreement, the Triumph Privacy Policy, applicable payment provider terms and applicable law. Triumph will not use Payment Data for purposes unrelated to the operation of the Platform, transaction processing, fraud prevention, compliance, disputes or legal obligations. 6.7 Transaction Receipts. Users should store all transactions records and a copy of the Triumph policies and rules, including a copy of this Agreement and the \[Privacy Policy]\(/privacy-policy-multi-product.md). If you are a consumer habitually resident in Spain, the following additional protections apply: Triumph will provide or make available transaction confirmations or receipts in accordance with applicable law and will not treat your failure to store copies of records or policies as limiting any statutory rights or remedies you may have. 6.8 Balance Transfer to Other Triumph Applications. Triumph has entered into agreements with other applications to allow the transfer of a user's balance, including balances held in tournament entry credits and potentially withdrawable cash, to such additional applications. In the event that you transfer any balances to another application you agree to the Terms of Use of the application to which you authorize such transfer. Any such transfer will be initiated only at your request or with your authorization and may require the disclosure of account, balance, transaction and verification information to the receiving application or relevant service provider. Such disclosure will be carried out in accordance with the Triumph Privacy Policy and applicable data protection laws. You specifically acknowledge that any balance transfer will be treated as an inbound purchase transaction and all rules applicable to such transfer, including the purchase-through or play-through requirements will be imposed. Further, separate applications may impose different transaction maximums or fees on transactions as outlined in any applicable Terms of Use. Before authorizing a transfer, you should review the applicable terms, fees, restrictions, play-through requirements and privacy information for the receiving application. If you are a consumer habitually resident in Spain, the following additional protections apply: before you authorize any balance transfer to another Triumph application, Triumph will clearly disclose any material fees, transfer restrictions, play-through or purchase-through requirements, withdrawal limitations and whether transferred funds will remain withdrawable cash or will become credits or other non-withdrawable value in the receiving application. If the transfer would materially reduce your withdrawal rights or convert withdrawable cash into non-withdrawable value, Triumph will require your express confirmation before completing the transfer. 7\. ANTI-MONEY LAUNDERING. Users are explicitly prohibited from intentionally losing a Tournament for any reason, including, but not limited to, in connection with an attempt to transfer money to another user. Any use of Triumph’s platform other than to compete in good faith in a real-money contest in a skill-based game is strictly prohibited. Triumph may monitor account activity, gameplay, transaction patterns, payment methods, device data, location data and other relevant information to detect, prevent and investigate suspected money laundering, sanctions breaches, fraud or misuse of the Platform, as described in the Triumph Privacy Policy. Where Triumph determines, acting reasonably, proportionately and in accordance with applicable law, that a user has violated these terms: (a) Triumph may suspend and/or terminate the user’s Triumph Account; (b) Triumph may temporarily or permanently ban the user from the Platform, including through the user’s existing Triumph Account or any new Triumph Account; (c) Triumph may take any other action, including but not limited to legal action; and (d) the user is subject to forfeiture of the entire balance of funds in the user’s Triumph Account, to the extent permitted or required by applicable law. Where any decision under this Section involves automated processing that produces legal effects concerning a user or similarly significantly affects a user, the user will have the rights set out in the Triumph Privacy Policy and applicable data protection laws, including, where applicable, the right to request human intervention, express their point of view and contest the decision. If you are a consumer habitually resident in Spain, the following additional protections apply: forfeiture of funds under this Section will apply only to the extent reasonably necessary to reverse or prevent the benefit of money laundering, sanctions breaches, fraud, misuse of the Platform or intentional loss of Tournaments, or where required by applicable law. Where Triumph freezes funds while investigating suspected conduct under this Section, Triumph will return any remaining lawful unused funds (excluding Bonus Cash, In-Platform Items and any amounts subject to confiscation under Sections 7 or 8) within a reasonable period and without undue delay once the investigation is completed, unless retention or confiscation is permitted or required by applicable law. 8\. CHEATING POLICY. 8.1 Prohibited Conduct. Triumph may monitor gameplay, scores, account activity, transaction activity, device data, location data, technical signals and other relevant information to detect, prevent and investigate cheating, bots, artificial intelligence tools, collusion, VPN use, device manipulation, fraudulent transactions, account misuse and other conduct that may affect the integrity, fairness or security of the Platform, as described in the Triumph Privacy Policy. Cheating in any Game or Tournament, or with respect to any Mission, is strictly prohibited. The following is a non-exhaustive list of prohibited conduct that Triumph considers to be cheating: (a) utilizing a virtual private network (VPN); (b) utilizing software except for the Triumph Platform and game software, bots or artificial intelligence (AI), neural net, or machine learning agents; (c) utilizing simulators in or with device farms; (d) colluding with other users or bots; (e) manipulating or misrepresenting one’s own skill or perceived skill when entering or seeking to enter any Game or Tournament; (f) submitting scores off-device (i.e., from a device other than the device used to participate in the Tournament) or otherwise through unauthorized, deceptive, or dishonest means; (g) not providing or maintaining accurate information within a Triumph Account (including using fake phone numbers); (h) opening or operating more than one Triumph Account; (i) conducting or attempting to conduct fraudulent financial transactions through the Platform (including fraudulent payment card charge-backs and other transactions); (j) exploiting an error in a Game that is not in the spirit of the Game or in good faith; (k) taking advantage of a Mission in a way that was not intended or is not in good faith; and/or (l) any other activity, act, or omission which is intended to facilitate an unfair advantage for any user, as determined by Triumph acting reasonably and based on objective criteria. (m) using a jailbroken device or any device with software not intended to run on the device which the platform is running on. (n) using unfair gameplay exploits (bugs in a Game itself) to submit higher scores than the user would otherwise be able to obtain. (o) using phone numbers for account creation or referral that are not issued by a cell phone provider and linked to a single device or subscriber identity module (SIM) card. 8.2 Consequences. Where Triumph determines, acting reasonably, proportionately and in accordance with applicable law, that a user has engaged in any prohibited conduct: (a) Triumph may disqualify a user or equitably adjust or invalidate a user’s score, prize, or Mission achievement; (b) Triumph may suspend and/or terminate the user’s Triumph Account; (c) Triumph may temporarily or permanently ban the user from the Platform, including through the user’s existing Triumph Account or any new Triumph Account; (d) Triumph may take any further action, including but not limited to legal action; and/or (e) the user is subject to forfeiture of the entire balance of funds (both withdrawable cash, Bonus Cash, and pre-paid game credits) in the user’s Triumph Account. We may only permanently confiscate funds to the extent reasonably necessary to (i) reverse or prevent the benefit of cheating, fraud or other serious breach of this Agreement, (ii) comply with our legal or regulatory obligations (including anti-money laundering and sanctions obligations), or (iii) compensate Triumph or other users for losses directly caused by your breach. Otherwise, we may freeze funds while we investigate but must return any remaining lawful funds to you where we are legally permitted to do so. Triumph will process personal data for these purposes in accordance with the Triumph Privacy Policy and applicable data protection laws. Where automated systems or profiling are used in a manner that produces legal effects concerning a user or similarly significantly affects a user, the user will have the rights set out in the Triumph Privacy Policy and applicable data protection laws, including, where applicable, the right to request human intervention, express their point of view and contest the decision. 9\. INDEMNITY. You agree to indemnify and hold Triumph and its affiliates, and its and their directors, officers, members, principals, owners, employees, agents, representatives, contractors, successors, and assigns, harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Platform; (ii) your User Content or any User Data that you provide unlawfully or in breach of third-party rights; (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Triumph reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Triumph. Triumph will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. If you are a consumer habitually resident in Spain, the following additional protections apply: your indemnity obligations under this Section will apply only to the extent that the relevant losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs or expenses are directly caused by your intentional misconduct, fraud, gross negligence, unlawful User Content or User Data provided by you, violation of this Agreement, or violation of applicable law. Nothing in this Section requires you to indemnify Triumph for losses caused by Triumph, the Platform, or circumstances outside your reasonable control, or for legal costs or expenses that are not reasonable, necessary and proportionate. 10\. DISCLAIMERS. YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT FOR THOSE WARRANTIES MADE AND EXPRESSLY IDENTIFIED AS WARRANTIES BY TRIUMPH, TRIUMPH DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE PLATFORM; (B) ANY PRODUCTS AND SERVICES OFFERED OR MADE AVAILABLE THROUGH THE PLATFORM; (C) THE ACTS OR OMISSIONS OF USERS THROUGH THE PLATFORM; (D) THIRD- PARTY SERVICES ON WHICH THE PLATFORM DEPENDS OR WITH WHICH THE PLATFORM INTEROPERATES; AND (E) ANY TRANSACTIONS INITIATED OR PROCESSED BY YOU ON OR THROUGH SUCH THIRD-PARTY SERVICES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. TRIUMPH MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED OR MADE AVAILABLE THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. TRIUMPH ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN SUCH JURISDICTIONS AND ONLY TO THE EXTENT DISALLOWED THIS DISCLAIMER WILL NOT APPLY. If you are a consumer habitually resident in Spain, the following additional protections apply: nothing in this Section excludes or limits any statutory rights or remedies that you may have under applicable Spanish consumer law, including any rights relating to the conformity, availability, security or proper performance of the Platform, the Services, or any digital content or digital service supplied by Triumph. For the avoidance of doubt, this Section does not limit Triumph’s liability for any lack of conformity, non-performance, defective performance, fraud, wilful misconduct, gross negligence, or any other liability that cannot be excluded or limited under applicable law. 11\. LIMITATION OF LIABILITY AND RELEASE. 11.1 Limitation of Liability. To the maximum extent permitted by applicable law and notwithstanding any other provision of this Agreement, in no event shall Triumph or any of its affiliates or suppliers (including any of its or their partners, officers, directors, members, managers, owners, principals, employees, agents, contractors, successors, or assignees) be liable to you for any indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), or for any damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or use of products, lost profits, revenue or savings (actual or anticipated), or other economic loss ensuing from or in connection with (a) the platform; (b) any products and services offered or made available through the platform; (C) any acts or omissions of users of the platform; (D) third party services which the platform uses or interoperates with; or (e) any transactions initiated or processed by you on or through such third-party services, even if Triumph or any of its affiliates or suppliers has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, gross negligence, or, where applicable, death or personal injury caused by our negligence. If you are a consumer resident in the European Economic Area or the United Kingdom, your statutory rights are not affected by this clause. Nothing in this Agreement limits any statutory rights, remedies or claims that cannot be waived or limited under applicable law, including any non-waivable rights that you may have under applicable consumer protection or data protection laws. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRIUMPH AND ITS AFFILIATES AND SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PRINCIPALS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNEES) TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE TO TRIUMPH BY YOU UNDER THIS AGREEMENT, AND (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), AND EVEN IF TRIUMPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. If you are a consumer habitually resident in Spain, the following additional protections apply: the limitations and exclusions of liability in this Section will not apply to any liability of Triumph arising from fraud, willful misconduct, gross negligence, death or personal injury caused by Triumph’s negligence, lack of conformity, non-performance or defective performance of the Platform or Services, or any other liability that cannot be excluded or limited under applicable Spanish consumer law. For the avoidance of doubt, the aggregate liability cap in this Section will not apply to mandatory consumer remedies or statutory rights that cannot be waived or limited under applicable law. 11.2 Waiver of Claims. EACH TIME YOU ACCESS THE PLATFORM, EXCEPT WITH RESPECT TO ACCESS AND USE OF THE TRIUMPH APP, YOU EXPRESSLY RELEASE ANY AND ALL CLAIMS YOU HAVE AGAINST TRIUMPH SUCH RELEASE INCLUDES A WAIVER UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA WHICH READS AS FOLLOWS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” IN ADDITION, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM OR AGAINST TRIUMPH FOR ANY OTHER REASON MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. If you are a consumer habitually resident in Spain, the following additional protections apply: this Section does not apply to you to the extent it would waive, release, limit or shorten any statutory rights, remedies, claims or limitation periods that cannot be waived, released, limited or shortened under applicable Spanish consumer law. Any statutory limitation periods and mandatory consumer remedies available to you under Spanish law will continue to apply. 12\. TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the Platform. We may (a) suspend your rights to use the Platform (including your Triumph Account), (b) terminate this Agreement, and/or (c) ban you from the Platform at any time. We will exercise these rights in a proportionate manner and, where you are a consumer resident in the European Union or the United Kingdom, only where we have a valid reason (for example, serious breach of this Agreement, fraud, anti-money laundering concerns, or where required by law or by a regulator). Upon any termination initiated by Triumph, Triumph will refund any unused funds in your Triumph Account (excluding Bonus Cash, In-Platform Items and any amounts subject to confiscation under Sections 7 or 8) within a reasonable period and without undue delay. Upon termination of this Agreement, your Triumph Account and right to access and use the Platform will terminate immediately, subject to any limited access that Triumph may provide for withdrawal, account closure, legal or regulatory purposes. You understand that any termination of your Triumph Account may involve deletion of some or all of your User Data from the Platform or our databases, except to the extent such liability cannot be excluded under applicable law. Triumph will handle any personal data associated with your account in accordance with the Triumph Privacy Policy and applicable data protection laws. Some personal data may be retained after termination where necessary to comply with legal, tax, accounting, anti-money laundering, sanctions, fraud prevention, security, audit, dispute resolution or regulatory obligations, or for the establishment, exercise or defense of legal claims. Triumph will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Triumph Account or deletion of your User Data, except to the extent such liability cannot be excluded under applicable law. Sections 3.4, 4.4, 4.5, and 5 - 12 of this Agreement will survive termination only to the extent permitted by applicable law. For the avoidance of doubt, any license in respect of User Content will survive only as set out in Section 4.4, and nothing in this Agreement grants Triumph an irrevocable or perpetual license to process personal data. 13\. COPYRIGHT POLICY. Triumph seeks to respect the intellectual property of others and requires that users of our Platform do the same. In connection with our Platform, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that any portion or content of our Platform unlawfully infringes the copyright(s) in a work and you wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to us by email to <>. (a) Your physical or electronic signature; (b) Description of the copyrighted work(s) that you claim has been infringed; (c) Description of the material on our services that you claim is infringing and that you request us to remove; (d) Sufficient information to permit us to locate such material; Your address, telephone number, and e-mail address; (e) A statement that you have a good-faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that any misrepresentation of material fact (falsity) in a written notification may subject the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. If you are a consumer habitually resident in Spain or otherwise located in the European Union, the following additional protections apply: nothing in this Section limits any rights or procedures available to you under applicable intellectual property law, consumer law or platform/intermediary-services rules, including the right to submit a notice through any mandatory reporting, complaint-handling or redress mechanism that applies to the Platform. Any requirement to provide a statement “under penalty of perjury” applies only to the extent recognized under applicable law in your jurisdiction. 14\. DISPUTE RESOLUTION. Please read this Section 14 carefully. It requires you to arbitrate disputes with Triumph on an individual basis and limits the manner in which you can seek relief. 14.1 Choice of Law. This Agreement, and any dispute arising out of or relating to it or the Platform, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions, except as set out below for EEA/UK consumers, except that the Federal Arbitration Act (9 U.S.C. §§ 1–16) ("FAA") shall govern the interpretation and enforcement of Section 14 of these Terms of Use and any question of whether a dispute is subject to arbitration. To the extent there is any conflict between the FAA and California law with respect to arbitrability or the enforcement of the agreement to arbitrate, the FAA shall control. If you are a consumer who is habitually resident in the European Economic Area or the United Kingdom, nothing in this Section 14.1 limits your rights under the mandatory consumer protection laws of your country of residence. In that case, you may bring proceedings in the courts of your country of residence, and any mandatory arbitration provision in Section 14 (including application of the FAA to questions of arbitrability) shall apply only to the extent permitted by applicable law. If you are located in Spain or otherwise covered by EU data protection law, nothing in this Agreement prevents you from lodging a complaint with the Spanish Data Protection Agency (*Agencia Española de Protección de Datos* – AEPD) or with any other competent data protection supervisory authority, nor does it limit any statutory rights you may have under the GDPR, the LOPDGDD or other applicable data protection laws. 14.2 Informal Dispute Resolution. Before initiating any arbitration or court proceeding, you and Triumph agree to first attempt to resolve any dispute informally for a period of sixty (60) days. To begin the informal resolution process, a party must send the other party a written Notice of Dispute (“Notice”) by certified mail or, if to Triumph, by emailing us at <> with a copy sent by certified mail to our address identified in this Agreement below (“Notice Address”). The Notice must include: (a) the claimant's name and contact information; (b) a description of the nature and basis of the dispute; (c) the specific relief sought, including the amount of any monetary claim; and (d) any supporting documentation. The parties agree to negotiate in good faith during this sixty (60) day period. If such efforts prove unsuccessful within sixty (60) days after the Notice is received, either party may proceed to arbitration or Small Claims Court as set forth below. If you are a consumer habitually resident in Spain, the informal dispute resolution period referred to in this Section 14.2 shall be thirty (30) calendar days (instead of sixty (60) days). If such efforts prove unsuccessful within thirty (30) calendar days after the Notice is received, or if Triumph does not respond within that period, the requirement shall be deemed satisfied and you may proceed to initiate proceedings in accordance with this Section 14 or before the courts of your habitual residence. 14.3 Arbitration Agreement. Except as otherwise stated in this agreement below, disputes, claims, and controversies between you and Triumph arising out of, relating to, or in connection with the Platform, any real-money tournaments, the relationship between you and Triumph, and any interpretation or application of these Terms of Use or this arbitration provision shall be resolved exclusively through final and binding individual arbitration, rather than in court, and administered by the American Arbitration Association (“AAA”) under its then-current consumer arbitration rules. Unless otherwise agreed by the parties, required by the AAA Rules, or conducted remotely pursuant to the aforementioned rules, the place of arbitration shall be San Francisco, California. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. The arbitration shall be conducted by a single arbitrator with experience in consumer and/or technology disputes. The arbitrator shall apply California substantive law consistent with the FAA, shall follow applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of competent jurisdiction, including injunctive or declaratory relief, but only to the extent necessary to provide relief warranted by the individual claim. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. This arbitration agreement is subject to the Federal Arbitration Act and evidences a transaction involving interstate commerce. The arbitrator’s award may be entered in any court of competent jurisdiction. If the AAA is unable or unwilling to administer the arbitration, the parties agree that JAMS shall administer the arbitration under its applicable consumer rules. If neither the AAA nor JAMS is available, the parties shall agree on an alternative arbitration forum, or a court of competent jurisdiction shall appoint an arbitrator. For claims of $25,000 or less, you may elect for the arbitration to be conducted: (i) in the county where you reside; (ii) in San Francisco County; or (iii) entirely by telephone or videoconference; or (iv) based solely on written submissions (documents-only arbitration). To file for arbitration, you must pay AAA’s $225 filing fee. If you cannot afford the fee, you may apply to AAA for a fee waiver. Triumph shall pay all other fees related to the arbitration, including administration fees, arbitrator fees, and other costs for any arbitration initiated in accordance with this Section 14. If applicable law requires Triumph to pay a greater share of such fees and costs, Triumph shall do so. Each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable attorneys' fees and costs to the prevailing party, or unless applicable law otherwise requires the award of attorneys' fees. Nothing in this Section 14.3 limits any statutory rights to recover costs or fees that cannot be waived under applicable law. Notwithstanding any provision in this Agreement to the contrary, if Triumph makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) for which you had already provided notice to Triumph. Information on AAA and how to start arbitration can be found at [www.adr.org](http://www.adr.org). 14.4 Class Action and Jury Trial Waiver; Severability of Waivers. YOU AND TRIUMPH AGREE THAT EACH 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. ANY ARBITRATION UNDER THIS SECTION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of class, consolidated, or representative proceeding. YOU AND TRIUMPH EACH WAIVE THE RIGHT TO A JURY OR BENCH TRIAL IN COURT. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable, except that either party may ask a court to determine the validity of the class action waiver in this Section, but only to the extent such right may not be waived under applicable laws. If the class action waiver in this Section is found to be invalid or unenforceable as to a particular claim, request for relief, or controversy, neither you nor we will be entitled to arbitration as to that claim, request for relief, or controversy, and that claim or request for relief shall be severed and may proceed in a court of competent jurisdiction pursuant to Section 14.7. The remaining claims, requests for relief, and controversies shall continue in individual arbitration. The invalidity of the class action waiver as to any particular claim shall not invalidate the agreement to arbitrate or the class action waiver as to any other claim. 14.5 Exceptions to Arbitration. Per AAA rules, either party may bring an individual action in small claims court if the claim falls within that court’s jurisdictional limits. Prior to initiating any dispute in Small Claims Court, Section 14.2 of these Terms of Use still applies. The party initiating such dispute will provide a Notice to the other party of the potential claim and their ability to select between arbitration pursuant to paragraph 14.3, above, or Small Claims process identified in this section. The informal dispute resolution process will proceed as described in Section 14.2 of these Terms of Use. For clarity, if a claim has been filed with the AAA and a party elects to proceed in small claims court, the AAA Rules shall govern the process for transferring or closing the arbitration case. The informal dispute resolution process in Section 14.2 must be completed before initiating any proceeding under this Section. These Terms of Use do not preclude either party from seeking emergency injunctive relief in a court of competent jurisdiction pending arbitration or from exercising any rights that cannot be waived as a matter of applicable law, including the right to submit claims to any governmental or regulatory body with jurisdiction. 14.6 Confidentiality. The parties agree that 1) the arbitration proceeding; 2) any ruling, decision, or award by the arbitrator; and 3) all materials, testimony, and evidence submitted therein; shall be kept confidential, except that either party may disclose information as necessary: (a) to prepare for or conduct the arbitration; (b) in connection with a court application for emergency or provisional relief or to confirm or enforce the arbitration award; (c) as required by applicable law, regulation, or order of a court or governmental body; (d) as required by any applicable gaming or regulatory authority; or (e) as reasonably necessary to enforce or protect a party's legal rights. 14.7 Forum Selection. If any dispute is determined by a court of competent jurisdiction or by the arbitration administrator to be ineligible for arbitration, or if arbitration of a Dispute is otherwise unavailable or unenforceable, you and Triumph agree that any such Dispute shall be filed exclusively in the state or federal courts located in San Francisco County, California, and each party consents to the personal jurisdiction and exclusive venue of such courts. You and Triumph each waive any objection to jurisdiction or venue in such courts, including any objection based on inconvenient forum. 14.8 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this, Section 14, other than a change to the Notice Address, while you are a user of the Platform, you may reject any such change by sending Triumph written notice within thirty (30) calendar days of the change to <>and the Notice Address. Your notice must include your name, the email address associated with your account, and a statement that you reject the change to Section 14. By rejecting any future change, you are agreeing that you will arbitrate any dispute between yourself and Triumph in accordance with the version of Section 14 in effect immediately prior to the change. Rejection of a change to Section 14 does not terminate your account or your right to use the Platform. 14.9 Severability and Survival. If any provision of this Section 14 is found to be unenforceable, the remaining provisions shall remain in full force and effect. Without limiting the foregoing, if any portion of Section 14 is found to be unenforceable, the parties agree that the remaining portions of Section 14 shall continue to apply, and the unenforceable portion shall be construed to the maximum extent permitted by applicable law. This Section 14 shall survive termination of this Agreement and your use of the Platform. 15\. CONSENT TO RECEIVE NOTICES ELECTRONICALLY. You consent to receive electronically any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which this Agreement refers including, without limitation, by e-mail, posting information and materials online at the Website, or other electronic communication technology that may hereafter be adopted or developed. You agree that all Notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed under the Privacy Policy. If you are a consumer habitually resident in Spain, the following additional protections apply: Notices relating to any Material Change, and any other Notices that materially affect your rights or obligations or require action by you, will be provided in a durable medium or by another electronic means that allows you to store and reproduce the Notice, where required by applicable law. Posting a Notice on the Website or in the Platform will not be the sole method of notice where individual notice is required by applicable law. 16\. GENERAL. 16.1 Availability. Triumph will use reasonable efforts to keep the Platform operational. However, certain technical difficulties, routine maintenance/upgrades and other events outside the control of Triumph may, from time to time, result in temporary interruptions to the Platform. In addition, Triumph may from time to time modify or discontinue (on a temporary or permanent basis) certain functions of the Website, the Services, or the Platform, subject to the notice requirements set out in Section 3.3. 16.2 No Support or Maintenance. You acknowledge and agree that Triumph will have no obligation to provide you with any support or maintenance in connection with the Platform. If you are a consumer habitually resident in Spain, the following additional protections apply: nothing in this Section limits any statutory rights or remedies that you may have where support, maintenance, updates or other corrective measures are required under applicable Spanish consumer law for the Platform or the Services to remain in conformity with this Agreement or applicable law. 16.3 Changes to Terms of Use. Triumph may modify this Agreement from time to time by adding new terms or by deleting or amending existing terms. Triumph will notify you of any Material Changes by email (if you have provided a valid address) and/or through the Platform, with reasonable advance notice before such Material Changes take effect. Material Changes will not apply to any disputes that arise prior to the date that you have actual notice of such Material Changes. Non‑material Changes may be made without prior individual notice, but Triumph will post the updated Terms of Use on the Website or through the Platform. Provided that Triumph has given you reasonable advance notice of a Material Change, your continued access to and use of the Platform after the expiry of the applicable notice period and the effective date of such Material Change (except for withdrawing any funds in your account) constitutes your acknowledgement of the modification and your agreement to be bound by the Agreement as modified. If you do not accept such modification(s), then you must stop using the Platform and you may terminate this Agreement. If you are a consumer habitually resident in Spain, the following additional protections apply: (a) if you do not accept a Material Change, you may terminate this Agreement and your use of the Platform without penalty within the notice period as set out above; and (b) Triumph will refund any unused funds in your Triumph Account (excluding Bonus Cash, In‑Platform Items and any amounts subject to confiscation under Sections 7 or 8) within a reasonable period and without undue delay. 16.4 Access and Use Where Prohibited. Access to and use of the Platform are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement. 16.5 Access and Use from Eligible Locations. Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the Platform are solely directed to individuals located in the Eligible Locations. Triumph reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Platform is void where prohibited. If you are a consumer habitually resident in Spain, the following additional protections apply: Triumph will direct marketing or promotional materials in Spain only to individuals located in Spain where the relevant Game, Tournament, feature, product or service may lawfully be offered in Spain and is structured so that outcomes are determined exclusively by participants’ skill and do not involve any element of chance. 16.6 Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Triumph of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Triumph. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Triumph’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. In the event Triumph’s performance of this Agreement, or any obligation hereunder, is prevented, restricted, or interfered with by reason of acts of God or of the public enemy, acts of the Government in its sovereign capacity, fires, floods, epidemic, pandemic, public health emergency, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the reasonable control and without the fault or negligence of Triumph, Triumph shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference. If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid. If you are a consumer habitually resident in Spain, the following additional protections apply: no invalid, unenforceable, illegal or abusive provision of this Agreement will be modified or integrated in a way that limits any mandatory consumer rights you may have under applicable Spanish consumer law. Any severance or construction of this Agreement will be without prejudice to non-waivable consumer protections. 17\. ADDRESS FOR NOTICES & CONTACT INFORMATION. Triumph Labs, Inc. ATTN: Legal 90 Sheridan Street, San Francisco CA 94103 With a required copy to: Triumph support may be reached at: Within the European Economic Community: SIA Triumph Arcade Europe (EU) – Reg. #50203614411 Laipu iela 6, Rīga, LV-1050 Latvija 18\. CUSTOMER SERVICE AND COMPLAINTS FOR SPAIN. If you are a consumer habitually resident in Spain, the following additional customer service and complaints rules apply: you may submit requests for information, complaints or claims relating to the Platform or the Services through the same electronic channel through which you use the Platform, by email at , and by post to SIA Triumph Arcade Europe (EU), Laipu iela 6, Rīga, LV‑1050, Latvia. Triumph will acknowledge receipt of any complaint or claim by providing a reference number or other identifying code and a written confirmation in a durable medium. Triumph will respond to complaints and claims as soon as reasonably possible and, in any event, within fifteen (15) days from receipt. If your complaint is not resolved satisfactorily, you may have the right to refer the matter to a consumer alternative dispute resolution entity notified to the European Commission, where applicable. This Section is without prejudice to any specific refund, termination, non‑retroactivity, compensation, withdrawal or dispute‑resolution rights that may apply to you under these Terms, including Sections 3.3, 6.1, 6.2, 6.3, 6.4, 6.5.2, 12, 14.2 and 16.3. Agent Instructions: Querying This Documentation If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question. Perform an HTTP GET request on the current page URL with the \`ask\` query parameter: GET [https://docs.triumpharcade.com/terms-of-use-triumph-play-for-cash.md?ask=\ The question should be specific, self-contained, and written in natural language. The response will contain a direct answer to the question and relevant excerpts and sources from the documentation. Use this mechanism when the answer is not explicitly present in the current page, you need clarification or additional context, or you want to retrieve related documentation sections. # Spain Privacy Policy Triumph Privacy Policy \*Effective Date: July 9, 2026\* ​\*Updated: July 9, 2026\*
This Privacy Policy describes how Triumph (as defined below) processes the information and data that users provide to us, or that relates to users, in order to manage their relationship with Triumph and provide Triumph’s online games, digital services, tournaments, leaderboards, match-making features, websites, applications, software development kit and related services. For the purposes of this Privacy Policy, the term “Services” means the Triumph apps, websites, the Triumph SDK, leaderboards, player match-making, online games, real-cash tournaments where legally available, collectible transactions, customer support channels, in-app communications, SMS and related digital services. This Privacy Policy is intended specifically for users located in Spain and has been prepared taking into account the GDPR, the LOPDGDD, the LSSI and, where applicable, Spanish gambling, consumer protection, advertising, tax, anti-fraud, anti-money laundering and player protection requirements. Accepting this Privacy Policy does not mean that you consent to every processing activity described below. Where consent is required, Triumph will request it separately through the appropriate mechanism. If you do not accept this Privacy Policy, please do not use the Services or provide us with personal data. 1\. **Identity of the Data Controller** Any reference to “Triumph”, “we” or “our” in this Privacy Policy refers to SIA Triumph Arcade Europe, whose registered office is located at Laipu iela 6, Rīga, LV-1050, Latvija. Triumph determines the purposes and means of the processing of your personal data in connection with the Services and acts as the data controller for the purposes of applicable European data protection legislation. Privacy contact: Jamin Horn, Esq (). Data Protection Officer, if appointed: Jamin Horn, Esq. Where a specific product is provided by or with the involvement of Triumph Labs, Inc., Triumph Arcade, LLC, Triumph TCG, LLC, SIA Triumph Arcade Europe or Triumph Arcade UK LTD those entities may act as independent controllers, joint controllers or processors depending on their actual role. Where required, Triumph will provide additional product-specific information. With regard to payment processing, payment, withdrawal and transaction operations may be handled by payment processors, financial institutions or a merchant-of-record entity, where applicable. Such entities may process payment data in accordance with their own legal obligations and privacy policies. Triumph will cooperate with them to ensure that personal data is processed securely and in accordance with applicable data protection law. In addition, certain identity verification, KYC, fraud prevention, payment, geolocation, communications, SMS, analytics, hosting, support and security functions may be provided by third-party service providers. These providers may act as processors, independent controllers or other legally recognized roles depending on the relevant processing activity. For identity verification, Triumph uses Footprint, a US-based provider which acts as an independent controller for the verification process. Personal data transferred to Footprint in the United States is protected by Standard Contractual Clauses approved by the European Commission. Where a provider acts as an independent controller, users should review that provider’s terms and privacy policy before providing their data. The Footprint Terms of Service can be accessed at \[Footprint Terms of Service URL] and the Footprint Privacy Policy can be accessed at \[Footprint Privacy Policy URL]. Where any other third party acts as an independent controller, its own privacy notice and terms may also apply. If you have any concerns or would like to know more about how we process your personal data, you can contact us at . 2\. **Purposes of processing** Your personal data is protected by law. This means that we can only process your personal data where there is a valid legal basis to do so, which may be one of the following: * To perform a contract entered into with you or to take steps at your request before entering into a contract. * To comply with a legal obligation applicable to Triumph. * Because you have given your consent for a specific purpose. * Because it is in our legitimate interest. * Because it is necessary for the establishment, exercise or defense of legal claims. When we process personal data on the basis of legitimate interest, we will do so only after assessing that the processing is necessary and proportionate and that it does not override your rights and freedoms. You may object to this processing in the cases provided by applicable law. | Purpose of processing | Data processed | Legal basis | | ------------------------------------------------------------------------------ | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | User account management | Identification data, contact data, date of birth, username, access credentials, account preferences and account status. | Performance of the contract and, where applicable, compliance with legal obligations relating to age or eligibility verification. | | Provision of the Services, games, leaderboards and match-making | Account data, game activity, scores, results, rankings, skill level, usage data, technical data and identifiers. | Performance of the contract and legitimate interest in maintaining the functionality, integrity and quality of the Services. | | Real-cash tournaments and prize games, where legally available | Identification data, age, jurisdiction, game activity, balances, deposits, withdrawals, prize outcomes, transaction data and technical data. | Performance of the contract, compliance with legal obligations and legitimate interest in preventing fraud and abuse. | | Payment processing, deposits, withdrawals and refunds | Payment method, billing details, transaction records, withdrawal details, account balance, refund and chargeback information, payment tokens, payment identifiers, stored payment method status, payment provider responses and information necessary to verify that the payment method belongs to or is authorized by the user. | Performance of the contract, compliance with tax, accounting, financial and anti-fraud obligations, and legitimate interest in verifying payment ownership, preventing unauthorized payments, resolving disputes and complying with payment security requirements. | | Identity, age, eligibility and authentication checks | Identity document, document image, document details, live video, selfie or similar verification image, facial image where applicable, date of birth, telephone number, IP address, location, GPS or device location data where strictly necessary, device data, time of access and authentication signals. | Compliance with legal obligations applicable to identity verification, age verification, KYC, anti-money laundering, counter-terrorist financing, gambling regulation and player protection (including Ley 10/2010, Ley 13/2011 and applicable Spanish and EU regulatory requirements), performance of the contract and legitimate interest in security, access control, fraud prevention and user protection. Where biometric data is processed for facial matching or liveness detection, Triumph relies on: (i) compliance with legal obligations requiring robust identity verification for real-cash gaming and regulated services; and (ii) explicit consent, which is obtained and documented before the biometric verification process begins. Biometric data is processed momentarily to perform the verification and is immediately discarded without being stored. | | Geographic location verification and territorial restrictions | IP address, geolocation data, connection data, device information, network provider and other technical location signals. | Compliance with legal obligations where applicable, performance of the contract and legitimate interest in preventing access from unauthorized territories. | | Fraud prevention, anti-cheating, bot detection and platform security | Game data, score patterns, account history, transaction data, device data, IP address, location data, communications and authentication data. | Legitimate interest in protecting security and service integrity, compliance with legal obligations where applicable, and establishment, exercise or defense of legal claims. | | Customer support, complaints and rights requests | Identification and contact data, account data, communications, support tickets, files, documents and relevant technical data. | Performance of the contract, compliance with legal obligations and legitimate interest in handling requests, complaints and claims. | | Service, transactional and SMS communications | Email address, telephone number, account identifiers, device or push notification identifiers, communication preferences and data needed to notify security, payment, withdrawal, operational or legal matters. | Performance of the contract, legitimate interest in service and security communications, compliance with legal obligations and consent for promotional SMS where required. | | Marketing communications and advertising | Contact data, marketing preferences, consent records, opt-out records, usage or purchase history, campaign interactions, cookies and advertising identifiers where applicable. | Consent for electronic marketing and non-essential cookies where required. Legitimate interest may apply to similar products or services for existing users where legally permitted and a simple opt-out is provided. | | Analytics, surveys and service improvement | Usage data, technical metrics, survey responses, product feedback, satisfaction scores, incident data and aggregated or pseudonymized data where possible. | Legitimate interest in improving the Services and consent where required by applicable law. | | Compliance, user protection and responsible gambling where applicable | Identity data, account data, game activity, transaction data, communications, technical logs, behavioral indicators, sanctions screening information, AML/CTF checks, account restriction records, withdrawal review records, responsible gaming records where applicable, and legally required records. | Compliance with applicable legal obligations and legitimate interest in cooperating with authorities, protecting users and defending Triumph’s rights, including anti-money laundering, counter-terrorist financing, sanctions, tax, gaming, consumer protection and player protection obligations where applicable. | | Corporate management and transactions | Strictly necessary contact, account, transaction, usage and contractual relationship data. | Legitimate interest in corporate administration, reorganizations, mergers, acquisitions, asset sales or succession, subject to appropriate safeguards. | | Account suspension, restriction, bans, forfeiture and enforcement of the Terms | Account data, gameplay data, score data, transaction data, payment data, withdrawal data, KYC data, device data, IP address, location data, technical signals, fraud indicators, cheating indicators, communications and investigation records. | Performance of the contract; legitimate interest in enforcing the Terms, protecting the Platform and other users, preventing fraud, cheating and misuse; compliance with legal obligations where applicable; establishment, exercise or defense of legal claims. | If you decide not to provide personal data that is mandatory for a specific feature, we may not be able to create or maintain your account, provide the Services, verify your age or identity, process payments or withdrawals, allow access to tournaments or real-cash features, resolve incidents, prevent fraud or comply with applicable legal obligations. 3\. **Retention period** Personal data will be retained for as long as your account remains active and for the time strictly necessary to fulfil the purposes described in this Privacy Policy or to comply with applicable legal obligations, after which it will be deleted, anonymized or, where applicable, blocked or restricted so that it is only available for legal, regulatory, security, fraud prevention or claims purposes. Account data (identification, contact data, date of birth, username and account preferences) will be retained while the account is active. After account deletion or termination, this data will be deleted or anonymized within 30 days, except where longer retention is required to comply with legal obligations, resolve disputes, prevent fraud or enforce the Terms. Where retention is justified for fraud prevention purposes (for example, to prevent re-registration by banned users), Triumph may retain a limited subset of data (such as telephone number or device identifiers) for a maximum period of 5 years after account deletion, after which it will be securely deleted. Payment, transaction, prize and withdrawal data will be retained during the relationship and afterwards for the applicable tax, accounting, financial, anti-fraud, gambling, anti-money laundering and limitation periods, where applicable. Records relating to KYC verification, withdrawal reviews, fraud prevention, anti-cheating investigations, sanctions screening, account restrictions, bans, forfeiture, disputes and enforcement of the Terms will be retained for the period necessary to document the relevant decision and comply with applicable legal obligations. Where AML/CTF obligations apply, KYC records will be retained for 10 years after the end of the business relationship. For fraud prevention, anti-cheating and enforcement records, retention will be limited to 5 years after the relevant decision, unless longer retention is required by law or to defend ongoing legal claims. Identity verification documents (such as ID scans and selfies used for verification) will be retained for the time strictly necessary to complete the verification process. Once verification is complete, identity documents will be deleted within 30 days, unless longer retention is required under AML/CTF obligations (in which case the 10-year period described above will apply) or to resolve disputes or defend legal claims. Biometric data processed for facial matching or liveness detection is computed and immediately discarded without being stored. Game, leaderboard, match-making and activity data will be retained while the account is active and for a period of 5 years after account deletion or termination. This retention period is justified by Triumph’s legitimate interest in maintaining competition integrity, investigating fraud or cheating patterns, handling support requests related to past activity, and defending potential legal claims. After this period, game history will be anonymized, so that Triumph may continue to use aggregated or anonymized data for fraud pattern analysis, platform security and service improvement purposes without retaining personal data. Marketing data will be retained until you withdraw your consent or object to the processing. Triumph may keep a minimal suppression list to ensure that your opt-out is respected. Where a user transfers a balance to another Triumph application or compatible service, Triumph may retain records of the transfer, the user’s instruction, the receiving application and related transaction information for the period necessary to evidence the transaction, resolve disputes, prevent fraud and comply with applicable legal obligations. When personal data is no longer necessary, Triumph will securely delete, anonymize or restrict it or, where applicable, block it, unless continued retention is required by law, security, fraud prevention or pending liabilities. 4\. **Information we collect** We may collect and process different categories of personal data in the context of your relationship with Triumph, including: * Data provided directly by you, for example when registering, creating an account, completing forms, contacting customer support, participating in tournaments, requesting withdrawals or sending us information by email or through the Services. * Identification and contact data, such as name, surname, username or alias, email address, telephone number, date of birth, country or region, and information needed to create and maintain an account. * Account and credentials data, such as user IDs, authentication data, passwords or authentication mechanisms, account preferences, balances, deposits, withdrawals, purchases, prizes, transaction history and account status. * Game and activity data, such as scores, results, game history, tournament participation, competition results, skill level, rankings, interaction data, buttons or commands used in the app, leaderboard data and match-making data. * Public account or posted data, such as username, avatar or selected image, general location where displayed or necessary for a public or semi-public feature, scores, rankings, prize outcomes, tournament participation or other information displayed in public or semi-public areas of the Services. Such information may be viewed, copied or retained by third parties outside Triumph’s control. * Identity verification and authentication data, such as identity document images, document details, live video, short video, selfie or similar verification image, facial image where applicable, location of access, IP address, browser or software data, time of access, device identifiers, authentication signals, KYC verification results, verification provider responses and fraud or eligibility indicators. * Payment and transaction data, such as payment method, billing details, payment identifiers, transaction records, withdrawal details, refunds, chargeback information and data needed to prevent fraud or comply with financial, tax or regulatory obligations. This may also include payment tokens, stored payment method status, payment provider responses, instant withdrawal fee information and balance transfer records. * Technical and device data, such as IP address, unique device identifiers, operating system, browser type, mobile network data, service provider, access logs, connection data, cookies and similar technologies. This may also include jailbreak or device integrity indicators, VPN or proxy indicators, bot detection signals, artificial intelligence tool detection indicators, emulator or device farm indicators and other technical signals used to protect the integrity and security of the Platform. * Location data, which may include approximate or precise location, including GPS or device location data where strictly necessary and permitted, where necessary to verify the jurisdiction of access, prevent fraud or restrict features that are unavailable or unlawful in a given territory. * Communications and support data, such as queries, complaints, customer support communications, in-app messages, chat records, support tickets, forms, emails, SMS and files or documents provided by you. * Marketing and preference data, such as marketing preferences, consent records, opt-out records, communication history, campaign interactions, advertising measurement data and, where lawful, data used to create or measure advertising audiences. * Survey and research data, such as survey responses, product feedback, user testing information, satisfaction scores and research participation data. * Enforcement and integrity data, such as account restriction records, suspension or ban records, disqualification records, score adjustment records, prize restriction records, forfeiture records, fraud investigation records, cheating investigation records, sanctions screening records and information used to document decisions taken under the Terms. When necessary and always respecting your rights and freedoms, we may also obtain personal data from legitimate third-party sources, public sources, payment providers, identity verification providers, fraud prevention providers, app stores or other partners, only where relevant for legitimate and previously disclosed purposes. 5\. **Cookies, SDKs and similar technologies** We use cookies, SDKs, mobile identifiers, device permissions and similar technologies on our websites, apps and digital services to ensure their proper functioning, provide requested features, remember preferences, improve the user experience, perform statistical analysis and, where permitted, display personalized advertising or measure campaigns. Strictly necessary or technical cookies and similar technologies may be used without consent where they are essential to provide a service requested by the user. Before installing cookies or similar technologies that are not strictly necessary, including analytics cookies, non-exempt personalization cookies, behavioral advertising cookies or similar technologies, we will ask for your consent through a cookie banner or preference panel that allows you to accept, reject or configure cookies in a clear and accessible way. You can manage or revoke your cookie consent at any time through the cookie settings available on our website or app. For more information about our use of cookies, their categories, third parties, purposes, duration and settings, please see our [Cookie Policy](https://docs.triumpharcade.com/cookie-policy). Some SDKs and similar technologies may be necessary for technical operation, security, fraud prevention, anti-cheating, geolocation, identity verification, payment processing, analytics, advertising measurement or other functions described in this Privacy Policy. Where consent is required under applicable law for non-essential cookies, SDKs or similar technologies, Triumph will request such consent through an appropriate cookie banner, preference center, device permission or other legally recognized mechanism. 6\. **Personal data we share with third parties** We may share your personal data with the following categories of recipients, always in accordance with applicable regulations and only to the extent necessary for the purposes described in this Privacy Policy: * Triumph group companies involved in providing, supporting, securing, administering or complying with the Services, including the operation of affiliated applications and products. The relevant group companies, their locations and, where applicable, their roles in relation to the processing of personal data are identified. * Competent authorities, tax authorities, law enforcement agencies, gambling or regulatory authorities, supervisory authorities, courts or any other administrative or judicial authority that may legally require it. * Service providers and business partners who help us operate the Services and provide essential services, such as hosting, infrastructure, maintenance, analytics, security, identity verification, KYC, document verification, facial matching or selfie verification where applicable, fraud prevention, device authentication, geolocation, payment processing, communications, SMS, customer support or technical support, including providers such as Footprint where applicable. * Other Triumph applications or compatible services, where the user requests or authorizes a balance transfer or other interoperability feature. * Financial institutions, payment processors, withdrawal providers, chargeback providers and transaction verification providers that manage or support transactions made through the Services. * Companies that provide analysis, marketing, advertising measurement and communication services, only where there is a valid legal basis and consent where required. * Third parties to whom you request or expressly authorize us to disclose your data. * Other users or the public, where information is made visible through public or semi-public Platform features, such as profiles, general location where displayed or necessary for the relevant feature, leaderboards, rankings, match results, tournament participation, prize outcomes, social features or similar functionality. * Legal advisers, auditors, insurers, financial entities and other third parties necessary for compliance, audits, risk management, legal claims or corporate transactions. * Buyers, investors or legitimate successors in the context of a merger, acquisition, restructuring, insolvency, sale of assets or similar corporate transaction, subject to confidentiality and appropriate safeguards. Processors acting on Triumph’s behalf will process personal data only under Triumph’s documented instructions and under agreements containing the safeguards required by the GDPR. Where a third party acts as an independent controller, it will process personal data under its own privacy notice. Mobile information and SMS opt-in consent will not be shared with third parties or affiliates for their own marketing or promotional purposes. We may share such information with service providers that help us deliver SMS messages on our behalf, subject to contractual restrictions and only for that purpose. Where personal data is disclosed to third parties for KYC, payment, withdrawal, fraud prevention, sanctions screening, geolocation, balance transfer or other operational purposes, Triumph will disclose only the data necessary for the relevant purpose and will apply appropriate contractual, technical and organizational safeguards where required. 7\. **Transfer of data outside the EEA** We may transfer your personal data to countries outside the European Economic Area (“EEA”), including the United States, only in the following cases: * When necessary for the provision of the Services, including hosting, support, identity verification, KYC, document verification, facial matching or selfie verification where applicable, sanctions screening, geolocation, anti-cheating, fraud prevention, payment processing, communications, SMS, analytics, security or other operational services. * When you have given us your explicit consent, where this is the appropriate legal basis. * When it is necessary to comply with an applicable legal obligation or for the establishment, exercise or defense of legal claims. In all cases, we will ensure that the transfer of your personal data is subject to appropriate safeguards to maintain a level of protection equivalent to that required in the EEA. To this end, we may rely on: * An adequacy decision by the European Commission recognizing that the recipient country offers an adequate level of protection. * Standard Contractual Clauses approved by the European Commission or other legally binding instruments that require the recipient to protect your data. For example, transfers to Footprint (identity verification) in the United States are protected by Standard Contractual Clauses. * Binding corporate rules, certification mechanisms or other mechanisms recognized by data protection regulations. * Supplementary technical, contractual or organizational measures where required after assessing the transfer. In some cases, we may be legally required to provide personal data to authorities or third parties located outside the EEA. In such cases, although we will apply reasonable measures to protect the information, we must point out that our control over the subsequent use of the data by such entities may be limited. 8\. **Your rights regarding your personal data** Under applicable data protection laws, and subject to the conditions and limits set out in those laws, you have the following rights in relation to your personal data, which you can generally exercise free of charge through the contact channels indicated in this Privacy Policy: * Withdraw your consent at any time when the processing is based on consent. The withdrawal will not affect the lawfulness of the processing carried out previously. * Access the personal data we hold about you and obtain information about how we process it. * Rectify inaccurate or incomplete personal data. * Request the deletion of your personal data when it is no longer necessary, when you withdraw consent, when you object to the processing or when another legal ground applies. * Request the restriction of the processing of your personal data in certain circumstances. * Exercise the right to portability, requesting that we provide you with your personal data in a structured, commonly used and machine-readable format, or that we transmit it directly to another controller where technically possible. * Object to the processing of your data where it is based on legitimate interest, unless we demonstrate compelling legitimate grounds that override your interests, rights and freedoms. You may object to direct marketing at any time. * Request human intervention, express your point of view and contest a decision where a decision is based solely on automated processing and produces legal effects on you or similarly significantly affects you. This may be relevant, for example, where automated systems or profiling contribute to account blocking, suspension or termination, prize restriction, withdrawal rejection, KYC failure, fraud suspension, disqualification, score adjustment, forfeiture, exclusion from tournaments or other features, or similar decisions that produce legal effects concerning you or similarly significantly affect you. * Lodge a complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos - AEPD) or with the competent supervisory authority in your place of residence if you consider that your right to data protection has been violated. Please note that some rights may be subject to legal limits. For example, Triumph may need to retain or restrict certain data where necessary to comply with legal obligations, prevent fraud or cheating, investigate misuse of the Platform, protect other users, resolve disputes, enforce the Terms, or establish, exercise or defend legal claims. Where this applies, Triumph will assess the request in accordance with applicable data protection laws. To exercise your rights, you may contact Triumph at , identifying the right you wish to exercise and providing the information necessary to verify your identity. Triumph will respond within the time limits established by applicable law. In some cases, Triumph may request additional information to confirm your identity or may refuse requests that are manifestly unfounded, excessive or unlawful. 9\. **Automated systems, profiling and enforcement decisions** Triumph may use automated systems, profiling and risk indicators to operate the Platform, provide skill-based match-making, create score and skill profiles, personalize certain prize offerings in single-player games, detect fraud or cheating, verify identity, assess withdrawal requests, detect bots or prohibited tools, enforce the Terms, protect users and maintain the security and integrity of the Platform. These systems may use gameplay data, score data, skill indicators, account data, transaction data, payment data, withdrawal data, KYC data, device data, IP address, location data, technical signals, communications and other information described in this Privacy Policy. Where such systems are used only to support human review, Triumph will take appropriate steps to ensure that relevant decisions are reviewed where necessary. Where a decision is based solely on automated processing and produces legal effects concerning you or similarly significantly affects you, you will have the right, subject to applicable legal limits, to request human intervention, express your point of view and contest the decision. Triumph may restrict the information provided about certain anti-fraud, anti-cheating, security or enforcement measures where disclosure would compromise investigations, platform security, fraud prevention, cheating prevention or the rights and freedoms of other users. 10\. **Changes to our Privacy Policy** We may update this Privacy Policy periodically to reflect changes in our practices, applicable legislation or the Services we offer, including changes to the Terms, product features, verification processes, payment flows, fraud prevention measures, profiling systems, third-party providers or other processing activities described in this Privacy Policy. The current version will always be available through the Services, indicating the date of the last update. In the event of material changes that significantly affect your rights or the way we process your personal data, we will inform you clearly and in advance through appropriate communication channels, such as email, in-app notice or website notification. Where a new consent is required, we will request it before starting the relevant processing. Under no circumstances will we make substantial changes to the Privacy Policy without informing you where required by applicable law and giving you the opportunity to consider their implications. 11\. **Security of personal data** We take appropriate technical and organizational measures designed to ensure the security of your personal data, prevent unauthorized access and prevent its loss, alteration, improper disclosure or destruction. These measures may include encryption, access controls, authentication, logging, monitoring, segregation of permissions, supplier review and incident-response processes. We also require persons authorized to process personal data to comply with confidentiality obligations. For security, fraud prevention and platform integrity purposes, Triumph may use technical and organizational measures designed to detect suspicious activity, unauthorized access, bots, artificial intelligence tools, VPN or proxy use, device manipulation, jailbroken devices, emulator or device farm use, fraudulent transactions, account misuse and other conduct that may compromise the Platform or other users. These measures will be applied in accordance with this Privacy Policy and applicable data protection laws. The security of your information also depends on you. You are responsible for using strong passwords, keeping your credentials confidential, avoiding credential sharing and notifying Triumph immediately if you suspect unauthorized access. Triumph will never ask you to disclose your full password through unsecured channels. No internet-connected system can be guaranteed to be completely secure. If a personal data breach occurs and is likely to affect your rights and freedoms, Triumph will act in accordance with GDPR notification obligations. 12\. **Minors and age-restricted features** The Services are not intended for children who do not meet the minimum age required by applicable law or by the relevant service terms. In Spain, where processing relies on the consent of a minor in relation to information society services, Triumph must apply the Spanish rules on the minimum age for valid digital consent and, where applicable, parental or guardian authorization. Real-cash tournaments, deposits, withdrawals and any other feature requiring legal adulthood are restricted to users aged 18 or over, or any higher age required by the applicable jurisdiction or product-specific rules. Where age verification, identity verification or eligibility checks are required to access age-restricted features, withdrawals, real-cash tournaments or other restricted services, Triumph may request and process the information necessary to verify that the user satisfies the applicable requirements. If the verification fails or cannot be completed, Triumph may restrict access to the relevant features in accordance with the Terms, this Privacy Policy and applicable law. Triumph may use age assurance, identity verification and eligibility checks to prevent minors from accessing restricted features. Such checks must be proportionate, privacy-preserving and limited to what is necessary for the relevant purpose. If Triumph becomes aware that it has processed a minor’s data without a valid legal basis, or that a minor has accessed restricted features, Triumph will take reasonable steps to block access, delete or restrict the data where appropriate and comply with applicable legal obligations.
# Germany TOS # Germany Privacy Policy # Deletion Request Steps Steps to request deletion of your account. **Right to Deletion.** You have the right to delete your personal information subject to certain legal exceptions. If you make a request to delete your personal information we will delete or deidentify all information that is not subject to an exception (see the [Privacy Policy](/)). If you delete your Posted data from the App, copies of your Posted data may remain viewable in cached and archived pages, or might have been copied or stored by other App users. To request deletion please complete the following [form](https://forms.zohopublic.com/jamin3/form/PrivacyRequestQuestionnaire/formperma/mIq15V_kOCOKQGDayYWK6OZeRBxD6i-GY-_Hi3XDHyg). # Triumph SDK Integrate our plug and play SDK. ## Prerequisites 1. Have an iPhone game targeting iOS 15.0 or greater for release, built in either Swift or Unity 2. A computer running MacOS, with [Xcode](https://developer.apple.com/xcode/) and [Homebrew](https://brew.sh) installed 3. Make sure you meet the SDK [requirements](/requirements). # Install Triumph Get up and running with Triumph. Estimated Time: 15 minutes. ## Developer Account If you haven't already done so, create a Triumph developer account [here](https://dashboard.triumpharcade.com/games/allGames/stats) before continuing. ## Install Triumph currently supports games written in Swift and Unity (targeted for iOS distribution). {% tabs %} {% tab title="Unity" %} Download our latest Unity Package [here](https://github.com/triumpharcade/triumph-sdk-ios/raw/master/TriumphSDK-latest.unitypackage). Once downloaded, you can import it in one of two ways: 1. Double click on the `.unitypackage` file. 2. Navigate to `Assets > Import Package > Custom Package` and select the downloaded `.unitypackage` file. Import all of the files in the package when prompted to. Before building your Xcode project, install [brew](https://brew.sh). {% endtab %} {% tab title="Swift" %} {% hint style="info" %} Your game must target Swift 5.7 or greater. {% endhint %} TriumphSDK is distributed through Cocoapods. If this is your first time using Cocoapods, you can find installation guides [here](https://cocoapods.org/). Install cocopods in your project before proceeding. 1. First, install our Cocoapods plugin by running the following from any directory in terminal. 
sudo gem install cocoapods-triumph-sdk-plugin
2. Next add the TriumphSDK pod to your podfile. Make sure this is embedded under `use_frameworks!` ```ruby target 'YourGame' do use_frameworks! pod 'TriumphSDK' end ``` 3. Add the following at the bottom of your podfile. Be sure to do this after the **end** statement at the bottom of your podfile. ```ruby plugin 'cocoapods-triumph-sdk-plugin' post_install do |installer| installer.pods_project.targets.each do |target| target.build_configurations.each do |config| # Feel free to change it from 14.0 to whatever minimum version do you use for your application # This will remove all of the CocoaPods dependencies warnings regarding minimum iOS version if config.build_settings['IPHONEOS_DEPLOYMENT_TARGET'].to_f < 14.0 config.build_settings['IPHONEOS_DEPLOYMENT_TARGET'] = '14.0' end # Unfortunately, when using .xcframeworks like our application, CocoaPods does not set this flag by default # Thus, this leads to a linkage error, and this setting is required config.build_settings['BUILD_LIBRARY_FOR_DISTRIBUTION'] = 'YES' # We're using some dependencies that contain bundles which by default are set to be resigned # This is required to make your build successful if target.respond_to?(:product_type) and target.product_type == "com.apple.product-type.bundle" config.build_settings['CODE_SIGNING_ALLOWED'] = 'NO' end end end end ``` 4. Run `pod install` at the root of your project to install Triumph. {% endtab %} {% endtabs %} # Import Triumph Import Triumph into your project ## Import {% tabs %} {% tab title="Unity" %} In your Unity project click on `Tools > TriumphSDK > Generate Unity Native Methods` ![](/files/CHZVNUgoFqjgPXkY31Z8) This will generate file `TriumphUnityNativeMethods`: ```csharp using UnityEngine; using UnityEngine.SceneManagement; namespace TriumphSDK { public class TriumphUnityNativeMethods : MonoBehaviour, ITriumphUnityNativeMethods { // place your game ID here public static readonly string gameId = ""; // place your merchant ID here public static readonly string merchantId = ""; public void TriumphStartedGame() { /* TODO: implement method */ } public void TriumphDidDismiss() { /* TODO: implement method */ } public void TriumphDidPresent() { /* TODO: implement method */ } public void TriumphWillDismiss() { /* TODO: implement method */ } public void TriumphWillPresent() { /* TODO: implement method */ } } } ``` Then, you need to click `Tools > TriumphSDK > Generate API Prefab` ![](/files/osvz8YaZvZ1oePK2i1JX) Which will generate Prefab file called `TriumphAPI`. This prefab is an empty `GameObject` with two important `MonoBehaviour` components: `TriumphAPI` and `TriumphUnityNativeMethods`. Ensure that this prefab is in the first loaded scene of your game (i.e. the main menu).

Navigate to Assets -> Triumph -> Prefabs to find the TriumphAPI Prefab. Add it to the top level of your scene.

Now, navigate to the `TriumphUnityNativeMethods` component of the `TriumphAPI` prefab. Grab the `gameId` for your game from the Triumph Dashboard (under your game's **go live** tab) and set it to the `gameId` variable in this file. ```csharp using UnityEngine; using TriumphSDK; public class TriumphUnityNativeMethods: MonoBehaviour, ITriumphUnityNativeMethods { // REQUIRED CONFIG IMPLEMENTATION /* * Put your gameId here! Use gameId = "" if you want to test * out our Sandbox mode before creating a dev account */ public static readonly string gameId = "YOUR_GAME_ID"; /* * If you have playable or video tutorial within your game, * please specify this by setting it to true */ public static readonly bool hasTutorial = false; } ``` {% endtab %} {% tab title="Swift" %} {% hint style="info" %} Be sure to import TriumphSDK at the top level of any file that uses Triumph. {% endhint %} To configure Triumph Leaderboards, navigate to the `AppDelegate.swift willFinishLaunchingWithOptions` method, and add the configuration method `Triumph.configure`. Grab the `gameId` for your game from the Triumph Dashboard and pass it in as a parameter. *Please note that it's required to configure Triumph in **willFinishLaunchingWithOptions*** ```swift import TriumphSDK func application(_ application: UIApplication, willFinishLaunchingWithOptions launchOptions: [UIApplication.LaunchOptionsKey : Any]? = nil) -> Bool { /* * @Params: * gameId -- Your game ID */ Triumph.configure(id: "YOUR_GAME_ID") return true } ``` If you have playable or video tutorial within your game, please specify this setting within the configuration: ```swift import TriumphSDK func application(_ application: UIApplication, willFinishLaunchingWithOptions launchOptions: [UIApplication.LaunchOptionsKey : Any]? = nil) -> Bool { /* * @Params: * gameId -- Your game ID * options -- Configuration options */ Triumph.configure( id: "YOUR_GAME_ID", options: .init( hasTutorial: true // set to true if you have tutorial ) ) return true } asd ``` Next, to receive push notifications you should pass the data in these `AppDelegate` methods: ```swift import TriumphSDK func application( _ application: UIApplication, didFinishLaunchingWithOptions launchOptions: [UIApplication.LaunchOptionsKey: Any]? ) -> Bool { Triumph.appLifecycle.didFinishLaunchingWithOptions(launchOptions) UNUserNotificationCenter.current().delegate = self // Instantiate your app return true } func userNotificationCenter( _ center: UNUserNotificationCenter, didReceive response: UNNotificationResponse, withCompletionHandler completionHandler: @escaping () -> Void ) { Triumph.appLifecycle.userNotificationCenter( center, didReceive: response, withCompletionHandler: completionHandler ) } func application( _ application: UIApplication, didRegisterForRemoteNotificationsWithDeviceToken deviceToken: Data ) { Triumph.appLifecycle .didRegisterForRemoteNotificationsWithDeviceToken(deviceToken) } ``` {% endtab %} {% endtabs %} You're now ready to integrate Triumph functionality into your game. # Presenting Triumph Summon Triumph at the tap of a button. Estimated Time: 5 minutes. Your users will access Triumph through a button tap. You will choose the look and feel of the button, but it should be clearly accessible on the start screen of your game and have a clear identifier like "Online Mode" or "Tournaments." Call the `present` function when your button is tapped. {% tabs %} {% tab title="Unity" %} ```csharp using TriumphSDK; // Action of the tournaments button tournamentsButton.onClick.AddListener(() => { // Summons the triumph UI when your tournaments button is tapped Triumph.Present(); }); ``` {% endtab %} {% tab title="Swift" %} ```swift import TriumphSDK // Action of the tournaments button @objc func onTournamentsButtonPressed() { // Summons the triumph UI when your tournaments button is tapped Triumph.present() } ``` {% endtab %} {% endtabs %} # Triumph Lifecycle Integrate Triumph scoring in your game. Estimated Time: 10 minutes. ## Start Game Triumph needs to start an instance of your game when a match is initiated. We will call a function `TriumphGameDidStart` when we would like a game to start. You will implement this function with logic to start an instance of your game. {% tabs %} {% tab title="Unity" %} Implement the `TriumphUnityNativeMethods` component of the `TriumphAPI` prefab. 
using UnityEngine;
using TriumphSDK;

public class TriumphUnityNativeMethods: MonoBehaviour, ITriumphUnityNativeMethods {
    
    /*
    * TODO: implement this method, which we will call when. 
    * a user has initiated a tournament.
    */
    public void TriumphStartedGame() 
    {
        StartYourGame();
    }
    
    // MARK: -- Optional 
    
    /*
     * If you provided `hasTutorial` flag within configuration options,
     * this method will be called when Triumph wants to show the tutorial.
     * You can start a fullscreen video with your gameplay mechanics
     * or launch a playable game with hints to onboard new players.
     */
    public void TriumphRequestsTutorial() 
    {
        StartYourTutorial();
    }
    
    /*
     * The below methods can be used for logging purposes, 
     * left blank, or whatever you'd like. 
     * Please leave them in the code (even if blank). 
    */
    
    // We call this when the triumph SDK is dismissed.
    public void TriumphDidDismiss() 
    {
    }
    
    // Called when the SDK presents
    public void TriumphDidPresent() 
    {
    }
    
    // Called right before the SDK dismisses
    public void TriumphWillDismiss() 
    {
    }
    
    // Called right before the SDK presents
    public void TriumphWillPresent() 
    {
    }
}
When you finished presenting tutorial to a new player, do not forget to present Triumph again: ```csharp using TriumphSDK; public class TutorialScene : MonoBehaviour { // Called when your tutorial has finished playing public void TutorialFinished() { Triumph.present() } } ``` {% endtab %} {% tab title="Swift" %} Navigate to the file where your gameplay lifecycle is managed, i.e. where you have the ability to start and end games. Set `Triumph.delegate = self` in the `viewDidLoad` function of this class, and conform to `TriumphDelegate`. This allows us to pass data between your game and Triumph. ```swift import TriumphSDK class YourGameViewController: TriumphDelegate { // Allows Triumph to communicate with your game func viewDidLoad() { Triumph.delegate = self } // Required: reset and start your game here. func triumphStartedGame() { startYourGame() } // MARK: -- Optional /* * If you provided `hasTutorial` flag within configuration options, * this method will be called when Triumph wants to show the tutorial. * You can start a fullscreen video with your gameplay mechanics * or launch a playable game with hints to onboard new players. */ func triumphRequestsTutorial() { startYourTutorial() } /* * The below methods can be used for logging purposes, * left blank, or whatever you'd like. * Please leave them in the code (even if blank). */ // Tells you that Triumph will present func triumphWillPresent() {} // Tells you that Triumph did present func triumphDidPresent() {} // Tells you that Triumph will dismiss func triumphWillDismiss() {} // Tells you that Triumph was dismiss func triumphDidDismiss() {} } ``` When you finished presenting tutorial to a new player, do not forget to present Triumph again: ```swift class YourTutorialViewController { // Called when your tutorial has finished playing func tutorialFinished() { Triumph.present() } } ``` {% endtab %} {% endtabs %} These method implementations will be called on our end when appropriate. D**o not call these methods anywhere yourself.** ## Game pause/resume *(Optional)* If you have pausing functionality in your game, please add the following Triumph functions. This allows us to optimize replay recordings of your game. {% tabs %} {% tab title="Unity" %} ```csharp using TriumphSDK; public class GameScene : MonoBehaviour { // Your pause game business logic void Pause() { // Add this Triumph function Triumph.GamePaused(); } // Your resume game business logic void Resume() { // Add this Triumph function Triumph.GameResumed(); } } ``` {% endtab %} {% tab title="Swift" %} ```swift import TriumphSDK class YourGameViewController { // Your pause game business logic func pause() { // Add this Triumph function Triumph.gamePaused() } // Your resume game business logic func resume() { // Add this Triumph function Triumph.gameResume() } } ``` {% endtab %} {% endtabs %} ## Report Score Triumph needs to record scores from your game. There are two functions that you will call: * `updateScore` should be called **whenever the score of your game changes,** passing the current score as a parameter**.** This allows us to keep intermediate scores stored in the state of our SDK, so if a game crashes before completion, we have something for the user's score rather than simply reporting 0. * `gameOver` should be called when a game ends, passing the final score of the game as a parameter. This will submit the final score and resummon Triumph's UI. {% tabs %} {% tab title="Unity" %} ```csharp using TriumphSDK; public class GameScene : MonoBehaviour { public int score = 0; // Whenever a score changes, call updateScore with the current score. // @Params: score: double public void IncreaseScore(int increment) { score += increment; Triumph.UpdateScore(score: score); } // Your game logic when the user loses and the game ends // @Params: score: double public void EndGame(int finalScore) { Triumph.GameOver(score: finalScore); } } ``` {% endtab %} {% tab title="Swift" %} ```swift import TriumphSDK class YourGameViewController { // Whenever a score changes, call updateScore with the current score. // Doing this on a didSet ensures we call this on every score update, // although your implementation may differ // @Params: score: Double var gameScore: Double? { didSet { Triumph.updateScore(score: gameScore) } } // User got a headshot! (or whatever your game logic is) func headShot() { let HEADSHOT_SCORE_VALUE = 10.0 // Changing the score will trigger the didSet // that updates the labels and calls the updateScore // function gameScore = gameScore + HEADSHOT_SCORE_VALUE } // Your game logic when a game ends func onGameOver() { // When the game ends, call this function with the user's final // score to resummon Triumph. // @Params: score: Double Triumph.gameOver(score: gameScore) } } ``` {% endtab %} {% endtabs %} ## Score Labels Triumph requires your to have two in-game score labels: a large, primary label, and a small, secondary label. These labels will display different things based on the game mode the user is playing. \ \ For example, in a 1v1 tournament, the primary label will display the user's score, and the secondary label will display the user's tournament name. In a blitz tournament, the primary label will display the user's winnings in dollars, and the secondary label will display the user's score. We will give you two methods that you use to get the string values for the primary and secondary label. Every time the score of your game changes, you should also update these labels. {% tabs %} {% tab title="Unity" %} 
using TriumphSDK;

public class GameScene : MonoBehaviour { 
    public TMP_Text LargeLabel; 
    public TMP_Text SmallLabel;

    public int Score = 0;

    public void IncreaseScore(int Increment) 
    {
        score += increment;
        Triumph.UpdateScore(score);
        LargeLabel.text = Triumph.GetPrimaryLabel();
        Smalllabel.text = Triumph.GetSecondaryLabel();
    }
}
{% endtab %} {% tab title="Swift" %} ```swift import TriumphSDK class YourGameViewController { let largeLabel: UILabel = UILabel() let smalLabel: UILabel = UILabel() var gameScore: Double? { didSet { // Whenever a score changes, we call updateScore with the new total score. // Doing this on a didSet ensures we call this on every score update, // although your implementation may differ // @Params: score: Double Triumph.updateScore(gameScore) // Now that Triumph has an updated score for your game, we get the // primary and secondary labels to display largeLabel.text = Triumph.primaryLabel smallLabel.text = Triumph.secondaryLabel } } // User got a headshot! func headShot() { let HEADSHOT_SCORE_VALUE = 10.0 // Changing the score will trigger the didSet // that updates the labels and calls the updateScore // function gameScore = gameScore + HEADSHOT_SCORE_VALUE } // Your game logic when the user loses and the game ends func onGameOver() { // When the game ends, call this function with the user's final // score to resummon Triumph. // @Params: with: Double Triumph.gameOver(with: gameScore) } } ``` {% endtab %} {% endtabs %} ## Location Premissions # Triumph RNG Estimated Time: 15 minutes. To minimize elements of chance in games with randomness, we want to synchronize randomness between users playing in a given match. As an example, in our flagship brick breaker game, the configuration of bricks in each level is random. When two users play, we want them to have the same exact grid.

Random number synchronization ensures fair gameplay in games with limited amounts of randomness.

First, identify any sources of randomness in your game. This would be in places where you use normal random number libraries. You must replace these sources of randomness with the Triumph function `getNextRandom` , which returns a synchronized random number in (0,1). Below is an example from our flagship game. {% tabs %} {% tab title="Unity" %} ```csharp using TriumphSDK; public class GameController : MonoBehaviour { public void generateBlocks() { // There are 8 columns to generate blocks in for col in 1..<8 { // Triumph.getNextRandom() will give a seeded uniform // random variable in (0,1). Since we want a random bool, we just // check if this random is >= 0.5, which will happen 50 percent // of the time in expectation. let triumphRandomSyncBool = Triumph.GetRandom() >= 0.5 // Old implementation // if Bool.random() { // New implementation if triumphRandomSyncBool { addBlock(inColumn: col) } } } } ``` {% endtab %} {% tab title="Swift" %} ```swift import TriumphSDK class YourGameViewController { // There are 8 columns to generate blocks in func generateBlocks() { for col in 1..<8 { // Triumph.getNextRandom() will give a seeded uniform // random variable in (0,1). Since we want a random bool, we just // check if this random is >= 0.5, which will happen 50 percent // of the time in expectation. let triumphRandomSyncBool = Triumph.nextRandom() >= 0.5 // Old implementation // if Bool.random() { // New implementation if triumphRandomSyncBool { addBlock(inColumn: col) } } } } ``` {% endtab %} {% endtabs %} # Configuration Estimated Time - 5 minutes. ## Why? Triumph requires you to configure a few more properties of your application so we can properly hook into your game. ## Configure Navigate to your game page and click on the **Game Config** tab.

The main game configuration page.

You must configure the following: ### Display Name This is the name of your game that will show up in the dashboard ### Apple Bundle Identifier This will be something you set in your **Signing & Capabilities** section on Xcode. We recommend using the identifier `triumph.[YOUR_GAME_NAME].com`.
### App Store ID This is a numerical identifier for your application. You can find it in **App Store Connect** under the **App Information** section listed as **Apple ID**. Note: if you have never submitted your app to the app store, you will not have an ID yet. In this case, leave this blank for now.
### Score Decimal Points The number of decimal points your game is scored to. For example, in our brick breaker game, scores are incremented by whole numbers, so this value is set to 0. In comparison, in our dot game, the score is how long the user is alive for, measured to the hundredth of a second, so this value is set to 2. ### Primary Color Use the color picker to theme the SDK to fit in with the style of your game. Once you change the color and hit save, force close and re-open your app. You will see the new color theme applied across the SDK. # Keys and Permissions Estimated Time: 15 minutes {% hint style="info" %} You will need an Apple Developer Account for this step. {% endhint %} ## Permissions Apple requires you to add various premissions to your application in order to use ceartin Triumph functionality. {% tabs %} {% tab title="Unity" %} Unity games do this step for free! Move onto the step below. {% endtab %} {% tab title="Swift" %} Navigate to `Info.plist`, which you can find by clicking on your root project file. You can add a key value pair here by hovering over a row and clicking the plus button

Click the root of your project and select the Info tab to configure your Info.plist. You must do this before continuing the rest of the integration.

You must add permissions for the following: * **Device Camera** (for uploading profile photos): Use the key `NSCameraUsageDescription` and value "We will only use your camera when you'd like to upload a profile photo." * **Photo Library** (also for profile photos): Use the key `NSPhotoLibraryUsageDescription` and value "We will only use your camera library if you choose to upload a profile photo from it" * **Location Services** (for verifying player eligibility): Use the keys `NSLocationWhenInUseUsageDescription`, `NSLocationUsageDescription`, `NSLocationAlwaysAndWhenInUseUsageDescription` and value "We need to ensure you are in one of our operating states for real money functionality." Now, navigate to the **Capabilities** section by clicking on the root of your project file and select **"Signing & Capabilities."** Hit the plus button at the upper right corner and add the **Push Notification** capability.

Click the signing and capabilities tab to add a capability to your project.

{% endtab %} {% endtabs %} ## Apple Keys Here you will configure (i) a push notification key and (ii) a device check key. The push notification key lets us notify players' when their tournament results are ready, and the device check key helps us ensure all scores submitted are in fact coming from a real device. ### Push Notifications Log in to your Apple Developer Account [here](https://idmsa.apple.com/IDMSWebAuth/signin?appIdKey=891bd3417a7776362562d2197f89480a8547b108fd934911bcbea0110d07f757\&path=%2Faccount%2F\&rv=1), and and click **Keys** under **Certificates, Identifiers & Profiles.**

Click Identifiers Under Certificates, Indentifiers, and Profiles

Under **Keys**, click the **+** button to add an key.

Click the + button to add a new key

Create a new Apple Push Notification Service (APNs) key. Keep track of the key ID, and download the key. ### Device Check Now, in the same place, create a **DeviceCheck** key. Keep track of the key ID, and download the key. ### Team ID Your team ID will be in the upper right corner of the Certificates, Identifiers, & Profiles page. Keep track of your team ID.

Your TeamID will be available in the upper right corner of Certificates, Identifiers, and Profiles

### Upload Keys to Triumph {% hint style="danger" %} Do not mix up your keys, or Triumph will not work in production. Triple check that this step is done correctly! {% endhint %} Go to Settings -> Apple Keys in the Triumph dashboard. Upload each key and type out the KeyID for each entry and hit submit.

Upload your keys under Settings -> Apple Keys in the Triumph dashboard

## Next Steps [Build your project.](broken://pages/6eqrwnXcHVcLQixhNXxJ) # Apple Pay Configure Apple Pay with your business developer account. Estimated Time: 1 Hour ## Purpose Triumph takes payment through Apple Pay for fraud reduction purposes. ## Background {% hint style="info" %} This background section is for your own information, and not neccesary to integrate with Triumph. Move on to [Roadmap](#roadmap) if you're not interested in the internal mechanics of Apple Pay -- we provide detailed steps so you can integrate with ease. {% endhint %} Apple Pay is a service offered by Apple that allows users that have added payment cards to their Apple Wallet to make purchases in apps. At a high level when a user makes a purchase, `PassKit` (Apple Pay and Wallet) will encrypt the user's payment details and hand the result off to us. Triumph then passes this encrypted information to our backend, which will decrypt the token process the payment. Apple requires each app that utilizes Apple Pay to do the following 1. Create a `merchantID` 2. Upload a `Certificate Signing Request (CSR)` 3. Enable the Apple Pay capability with the `merchantID` created above Traditionally, when creating a CSR the developer will create and hold a private key associated with the CSR. The CSR itself does not contain private information but instead has the corresponding "public key" that will be used encrypt the Apple Pay tokens. When the developer uploads the CSR they do it under the `merchantId` they previously created and Apple gives them back an **Apple Pay Payment Processing Certificate**. The developer then adds their `merchantId` to their app's configuration. This allows apple to encrypt the Apple Pay tokens with the correct public key so that only the developer (or whoever has access to both the secret **and** the Apple Pay Processing Certificate) can decrypt the tokens. ## Roadmap {% hint style="info" %} Triumph will be the sole custodian of the corresponding secret keys for each CSR, which lasts 25 months. {% endhint %} Since Triumph will decrypt Apple Pay tokens on your behalf, the Apple Pay flow is slightly different from the normal case above. You will: 1. Create a `merchantID` 2. Download a Triumph generated CSR and upload it to Apple 3. Download an Apple Payment Processing Certificate from Apple and upload this to Triumph. 4. Add the merchantID to your game.

Apple Pay Configuration Flow

## Creating a MerchantID To create a merchantID, log in to your Apple Business Developer Account [here](https://idmsa.apple.com/IDMSWebAuth/signin?appIdKey=891bd3417a7776362562d2197f89480a8547b108fd934911bcbea0110d07f757\&path=%2Faccount%2F\&rv=1), and and click **Identifiers under** **Certificates, Identifiers & Profiles.**

Click Identifiers Under Certificates, Indentifiers, and Profiles

Under **Identifiers**, click the **+** button to add an identifier.
Scroll down to **Merchant IDs,** select it, and click Continue in the upper right corner.
Give a description for your `merchantID` and an identifier of the form `merchant.{yourGameName}.triumph.` Hit Continue.
Confirm that the identifier has been successfully added to your list of identifiers.
## Upload Triumph CSR to Apple ### Generate CSR Navigate to the Triumph Dashboard, and click on `Settings -> Apple Pay.` Click dowload certificate signing request. Note: this may take up to 30 seconds to generate and download. The file will be named **triumph-certificate-signing-request.csr.** Do not change the name of this file.
### Upload to Apple Navigate to the link [here](https://developer.apple.com/account/resources/certificates/add), and scroll down, and select **Apple Payment Processing Certificate**. Click continue at the upper right corner of the page.
Next, select the `merchantID` you generated in the previous step on the drop down menu and hit continue.
Click **Create Certificate.**
Select **no** for the question about Mainland China (Triumph does not operate in China) and hit continue.
Upload the **CSR file** you generated in the previous step and click **Continue**.
Download the Apple Payment Processing Certificate. This should be named **apple\_pay.cer**. ## Upload Apple Payment Processing Certificate to Triumph Finally, go back to the Triumph Dashboard and upload the generated Payment Processing Cerificate to Triumph.
## Add MerchantID to Your Game All thats left to do is add the merchantID to your game. This is simple. {% tabs %} {% tab title="Unity" %} Navigate to the`TriumphAPI` prefab, and change the `merchantID` variable to what you just created. Make sure this name is exactly matched, or you will not be able to process payments. ```csharp using UnityEngine; using TriumphKit; public class TriumphUnityNativeMethods: MonoBehaviour, ITriumphUnityNativeMethods { // REQUIRED CONFIG IMPLEMENTATION /* * This is where you will put your game's gameId, which you will * provision on the Triumph dashboard later. For now, leave this * as the empty string to load the SDK in sandbox mode. */ public static readonly string gameId = "" /* * Add the merchantId to this variable */ public static readonly string merchantId = "merchant.gameName.triumph" ``` ### {% endtab %} {% tab title="Swift" %} ### Swift Navigate to `Info.plist`, and add to the Apple Pay Capability (for a reminder on how to do this go [here](/triumph-sdk/keys-and-permissions)). You should now see the `merchantID` you created as an option. Select it. If you don't see your `merchantID`, restart Xcode. You may needc to do this a few times

Select the merchantId you just created

{% endtab %} {% endtabs %} ## Next Steps You're now ready to build your project! # Go Live Checklist The final stretch! Estimated Time: 1 Hour. ## Game Config, Apple Keys, and Apple Pay Navigate to the **Go Live** tab on your game page in the Triumph Dashboard. You will see all of the items you must complete before going Live with real money. All of these items should show a green ✅ signifying that the section is properly configured. If there is an ❌ next to any row, it means the section has not been properly configured. Go to the game page for game config, or the organization tab for Apple Pay and Apple Keys to propely fill out the rest of the required information.

If you cannot figure out why your go live page does not have a ✅, review your integration or contact integrations@triumpharcade.com for help.

Once you have a ✅ for each of the first 3 sections, move on to the next step. ## Compliance Checklist Click on the compliance tab on your game page, and fill out the questionnaire. This will confirm that your game meets the [requirements](/requirements) for real money. On completion, you will be sent the a **Platform Agreement** and a **PII Agreement**. ### Platform Agreement Read over and sign the Triumph Platform Agreement. This will outline the terms of your relationship with Triumph. The most important thing to note here: you will **never** be charged by Triumph, and will only make money. Since we are doing a rev-share split (heavily in your favor), our incentives align completely. ### PII Agreement This only applies if your game collects personally idenfitifiable data outside of Triumph. Read [this](https://www.imperva.com/learn/data-security/personally-identifiable-information-pii/) article to see if your game collects PII data. It is imperative that you answer this honestly. ### Action Items Once you are done with the compliance docs, email them to , and continue along with the next steps. We will reach out to you if there are any issues with your documents before you go live. ## Next Steps Follow along with the[ test flight build](/triumph-sdk/test-flight-build) section! # Test Flight Build We're almost there! ## Build Project to Xcode {% tabs %} {% tab title="Unity" %} {% hint style="warning" %} You will not be able to interact with Triumph in the Unity Editor. Test your integration once your game is exported to Xcode. We're working to add Unity Editor support soon. {% endhint %} 1. Make sure in your **Build Settings** that you are targeting your game for mobile release. You may get a warning message about required versions. Click 'ok'. 2. Build the project, which will prompt you to create a new folder where the Xcode project will live. Note: this part installs many of our dependencies, and may take quite a few minutes. 3. Navigate to the folder your project built to, and click on the **.xcframework** file to open your project in Xcode. 4. Now, you should be able to build and run your game on your iPhone, and interact with Triumph. {% endtab %} {% tab title="Swift" %} Build your project as you normally would! {% endtab %} {% endtabs %} You should now be able to summon the Triumph UI, play a game, and see your results. ## Test Flight Build In order to test your integration before going live, we require you to distribute a test flight version of your game to us. We will check that (i) your game runs, (ii) payment processing with Apple Pay is set up, (iii) all tournament modes function as expected, and (iv) RNG has been implemented properly. This build should be the same one you submit to the App Store. {% hint style="info" %} Your game will show a development mode label until we approve you to go live. Please do not submit your game to the App Store without going through our approval checklist. {% endhint %} ## Testing Your Integration Before submitting to Test Flight, test the following pieces of your integration. ### Log in Flow Log in with your test credentials You will **not** be able to access Triumph real money outside of your test credentials until your application is approved by Triumph. ### Deposit Navigate to the deposit page, and try depositing 5$. The payment should go through, and your balance should increment. ### Tournament Go to the main tournaments tab, and enter a tournament. When you click play, you should be brought to a matching screen, and when you hit play you should see a countdown. When the countdown finishes, your game should be started. When you lose the game, Triumph should properly resummon and show the appropriate score. Make sure that the Triumph primary and secondary labels are hooked up correctly. ### RNG If your game utilizes any element of randomness, RNG synchronization should be enforced. With the test credentials you're using, the random seed for each game will be the same. Play another tournament, and keep track of any elements of randomness. This should be the same between games. For example, in a brick breaker game, the configuration of bricks should be the exact same every time you play. In production, the random seed will be different for each game -- this is just to test that all is hooked up properly. ### Blitz Mode Blitz mode will not be properly configured yet. This is OK. Do not worry if you see only scores of 0 in blitz mode. ### Profile Updating Profile updating (accessed via the settings tab) will **NOT** work until your game has been approved by Triumph. Do not worry about this. ## Submitting to Test Flight ### Create App Bundle ID To submit to test flight, first, navigate [here](https://developer.apple.com/account/resources/identifiers/bundleId/add/bundle) to create a **bundleID** for your app. Choose any identifier you'd like, and select the capabilities **App Attest, Apple Pay Payment Processing,** and **Push Notifications.** Click Continue and register.
### Create Application in App Store Connect Now, navigate to App Store Connect. Click on **My Apps** and click **+**. Give your app a display name, and choose the **bundleID** you just created. For the SKU, you can choose any identifier string.
### Archive Application Now, open Xcode and select the target **Any iOS Device**. Note, if you are on the new M1 architecture, there will be **(arm64)** appended to the name.
Next, make sure that you have chosen a proper version in **Info.plist** for your build. Choose whatever version number you'd like.
Finally, make sure the `bundleID` you made in the previous step is the same as the bundleID under **Signing and Capabilities**. This is how the build will be associated with the app you created on App Store Connect.
Now, go to `Product -> Archive` in the menu, and select **Archive**.
The archiving process will take a few minutes. When archiving is complete, you will see the following screen.
Click Distribute App, and click **App Store Connect** and **Upload** for the next prompts, and click **Next.**
Finally, click upload!
Now, wait about an hour, and then go back to App Store Connect. ### Add Triumph as Internal Tester Go to App Store Connect, and click on **Users and Access**. Add as a test user. Click **Invite.** Make sure you select your app under **Apps** so we have access to your app!
## Triumph Review {% hint style="info" %} Note: the SDK will not work in production if you skip this step and simply release to the App Store, so make sure to do this! {% endhint %} To review your build, we will check the steps outlined above along with your [compliance checklist](/triumph-sdk/go-live-checklist). If we find no issues, we will mark your game as ready to go live. You will hear from us within 1-3 business days with either changes to the integration our confirmation that you can move on to the next steps. ### Next Steps Follow the best practice guidelines on the [App Store Submission](/triumph-sdk/app-store-submission) page to sumbit your build to the app store. # App Store Submission Best practices to ensure smooth App Store Submission The App Store takes special precautions when reviewing real money gaming apps. Follow this guide to ensure that the reviewers know you've followed all best practices and compliance efforts in your game. ## General App Store Submission If this is your first app on the App Store, read a tutorial guide [here](https://developer.apple.com/ios/submit/) or [here](https://codewithchris.com/submit-your-app-to-the-app-store/) for the basics. The rest of this section assumes general knowledge about the App Store submission process. Each heading below refers to one of the pages on App Store Connect, with the additional info that you must include to submit Triumph with your game. ## App Information ### Age Rating Your age rating must be 17+. Make sure to mark **Frequent/Intense** for Contests and **Yes** for instances of Gambling.
## Pricing & Availability Your app must be released as Free to offer real money tournaments. Make sure that you have selected the free tier pricing scheduele. ## App Privacy ### Privacy Policy URL Use the privacy policy URL at the link [here](https://docs.triumpharcade.com/privacy-policy-multi-product). If you already have a privacy policy for your game, make sure it is in compliance with ours, and include a link to ours in a new section of your privacy policy. ### Product Page Preview You must mark your app as collecting various peices of data. Be sure to fill this out exactly. If you've followed the steps below correctly, the preview should look exactly like this:
### Data Types Mark the third-party data collection pop-up as **Yes**. ![](/files/8QiP1GvIeVBoX4GgJAr7) For each of the data types Apple asks about, answer as follows (note: the screenshots below are for the name identifier, but these answers will be the same for each subsequent identifier). ![](/files/pEU8D9Q9v6eD49fnfSWQ) ![](/files/lBBReDKeLQwc1tX8qS25) ![](/files/nFfMaPTF6OMY2PmXEnps) You will need to repeat this process for each of the eight different data types Apple asks about. When you've finished, confirm that your Product Preview page looks identical to the image we've provided in that section. ## iOS App Section Apple will require this information with each build you submit. It is important to follow this exactly. ### Support URL Set the support URL field to the link [here](https://docs.triumpharcade.com/privacy-policy-multi-product). If you have your own support page, make sure it references this Triumph support URL. ### App Reviewer Information Apple must test Triumph in your app in its review process. Provide your own contact information, but be sure to use the phone number (561)-666-6666 as the test phone number. You can find the test credential password on your account in the developer dashboard. ### Test Credentials Please provide the test credentials: (561)-999-9997 and OTP code 123456 for the reviewer sign in instructions. ### Reviewer Notes Include the following snippet in your reviewer notes, which should answer your reviewer's questions about your game and Triumph. You should also include a description of your game. 


Description:

Our game integrates with Triumph’s skill based, real money tournament plugin. 
This plugin — found by hitting the “Play” button, handles all aspects of our real money tournaments — player accounts, payment, arbitration, customer verification, and compliance (verifying users are 18+ via ID scan and playing from a legal state).

Legality:
Triumph has undergone a rigorous state-by-state legal analysis provided by Duane Morris, LLP, a premier firm in the skill gaming space (each of the states we operate in has been validated). 
Our skill based tournaments are restricted to these states via geolocation. 
All players are ID scanned to ensure they are 18+. 
This game has been tested internally and externally, and has undergone statistical modeling to ascertain that it is unequivocally a game of skill.

Other Notes:

1. Users must accept our TOS before playing. 
2. We mention in onboarding that Apple is not a contest sponsor and that users must be 18+.
3. The user needs to verify their ID, confirming their age (18+), before withdrawal is possible. Please do not withdraw any of the money in your account :).
4. Users are not able to enter a tournament unless they are geolocated in one of the states that Triumph operates in (see above). THIS IS DISABLED FOR YOUR TEST ACCOUNT FOR THE SAKE OF EASY TESTING.
5. You will be prompted to log in via your phone number. Use the test account 561-999-9997. Because we are in test mode, you will NOT receive a one time code. Please wait ~15 seconds and enter the passcode 123456 to log in.
6. You will not be able to edit your profile in this test account.
You are done! Once your app goes live, download it to ensure that all is functioning as expected. Sit back, relax, and generate revenue! Remember to add your [banking details](/triumph-sdk/get-paid) here so we can pay you your earning! # Get Paid! How to configure your bank account with Triumph so you can get your earnings! Navigate to the **Organizations -> Balance** Page on the dashboard. You will be able to see your live balance at the upper left hand corner of the page. You will be able to hook up your bank account, which will take \~2-3 business days. We will initiate transfers on your behalf every 2 weeks, or when you request one! Let the good times roll.
# Demo Integrations Example integrations of the Swift and Unity Triumph SDKs # Swift Example # Unity Example We have created a public [repository](https://github.com/triumpharcade/triumph-kit-unity-demo) that contains a demo integration of the Triumph SDK in a template game. If you wish to run this demo, be sure to include the following scenes in your build: ![](/files/7v3pWuPmXHCoVOJYrov5) The `Triumph` methods are called in `MainMenuUIManager` and `GameUIManager`, with the code that would go in their place contained in a block comment to their left: ```csharp using TriumphSDK; public class MainMenuUIManager : MonoBehaviour { [SerializeField] Button startGameButton; void Start() { // instead of starting the game, the button will now launch the Triumph SDK startGameButton.onClick.AddListener(() => /* StartGame() */ Triumph.PresentTriumphViewController()); } // to run the integration, the logic for this method should be moved to TriumphUnityNativeMethods.TriumphGameDidStart() private void StartGame() { SceneManager.LoadScene("Game"); } } ``` ```csharp using TriumphSDK; public class GameUIManager : MonoBehaviour { [SerializeField] TMP_Text scoreText; [SerializeField] TMP_Text secondaryText; [SerializeField] Button updateScoreButton; [SerializeField] Button reportScoreButton; void Start() { PlayerPrefs.SetFloat("Score", 0f); updateScoreButton.onClick.AddListener(() => UpdateScore()); reportScoreButton.onClick.AddListener(() => ReportRandomScore()); } private void Update() { // the two labels should be updated using the strings provided by Triumph scoreText.text = /* PlayerPrefs.GetFloat("Score") */ Triumph.GetTriumphPrimaryLabel(); secondaryText.text = /* "I am the smaller text" */ Triumph.GetTriumphSecondaryLabel(); } private void UpdateScore() { // all instances of randomness (i.e. Random.Range()) should be replaced with TriumphSDK.GetRandom() PlayerPrefs.SetFloat("Score", PlayerPrefs.GetFloat("Score", 0f) + /* Random.Range(0f, 10f) */ Triumph.GetRandom(0f, 10f)); // whenever the score is updated, be sure to notify the Triumph SDK of the change Triumph.UpdateScore(PlayerPrefs.GetFloat("Score")); } private void ReportRandomScore() { SceneManager.LoadScene("GameOver"); // show the Triumph SDK when the game ends Triumph.PresentTriumphGameOver(PlayerPrefs.GetFloat("Score")); } } ``` Note that when playing the game, you are presented with two buttons, one labeled "Update Score" and one labeled "Report Score". The former increases the score by a random amount, and the latter completes the current game and reports the final score to the Triumph SDK, which will open the Triumph window. ![](/files/jNQFB9wNe9Icgo53bE85) # Common Errors Troubleshooting your most common Errors ## # Unity # .NET Error If you receive an error that looks like this:
Navigate to your Build Settings (CMD-Shift-B), select Player Settings at the bottom-right corner:
In the iOS section (which should be selected by default), drop down the "Other Settings" section, scroll down to the "Configuration" section, and ensure that the Api Compatibility Level is set to .NET 4.x:
Note that this is only an issue on older versions of the Unity editor, as newer versions will use .NET Standard 2.1, which is compatible with our library. # Enable Bitcode Error Navigate to the project's build settings and set the "Enable Bitcode" option to "No":
# Requirements Requirements to go live with Triumph. Your game must meet a few requirements to go live with Triumph. ## Skill Based To integrate with Triumph, your game must be predominatly "skill based," meaning that players' exert skill to achieve better results. Games like Chess and Tetris are skill based, while games like Roulette and Bingo are not. To determine whether your game is skill based, ask yourself: 1. Do players improve over time? This is a key marker of a skill game. 2. Does randomness significantly influence gameplay results? Randomness should have minimal impact on a game's outcome. 3. Are there differing game strategies that lead to different results? ## Apple Business Developer Account {% hint style="success" %} If you'd like to avoid creating your own Apple Business Developer Account and Apple Payment Processing, which will drastically simplify your integration, Triumph will be happy to publish your game on your behalf. {% endhint %} You must have an Apple Business Developer Account to go live with Triumph. Note: this is different than a personal business developer account, and will require you to have a legal US entity under your name. For instructions on how to set up an Apple Business Developer Account, go [here](/requirements/apple-business-developer-account). ## Does my Game Qualify? If you have any questions about these requirements, and whether your game is eligible, please contact . # Apple Business Developer Account {% hint style="info" %} If you already have an Apple Developer Account **for your business entity,** skip this section. {% endhint %} ## Why? Apple requires that all apps that utilize real money games are submitted under a *business entity* Apple Developer account, rather than the more traditional individual or sole-proprietor developer account. You can find more resources on Apple Business Developer Accounts [here](https://help.swiftic.com/hc/en-us/articles/115004366625-Enrolling-as-a-company-for-the-Apple-developer-program). ## Creating a Business Developer Account | Step | Action | Estimated Time | Estimated Cost | | ---- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------- | ------------------------------------------------------------------------- | | 1 | 6ffff44441514da288fc7779afb43bec-0d12fd6a6df644e6addc6d1442cad876 | 1-2 weeks | $150+ legal fees, minimum of $830 annual cost of maintenance (California) | | 2 | Create a company website | varies | varies | | 3 | 0737d9da88644a0d9b5c76d45920c919-0d12fd6a6df644e6addc6d1442cad876 | <1 day | free | | 4 |

First check to see if you already have a DUNS number, if not obtain a DUNS number by continuing the steps after checking your entity:

a) Use the address and contact information in your corporate filing such as your articles of organization or most recent statement of information.

b) May require two legal documents with entity name, for example your Articles and a Statement of Information or Operating Agreement.

| 7168d6f88bc64a708502af35dff87736-5e69c92d52d44fb69d4ad2b937b9f21c | free | | 5 | eb034b48c5834a578cdbf67399caff54-0d12fd6a6df644e6addc6d1442cad876 | Instant | $99 | | Pay for the Apple Developer program. | | ------------------------------------ | | 3 business days | | --------------- | | Create a new Apple ID with an email address associated with the company website. [More information](https://support.apple.com/en-us/HT204316). | | ---------------------------------------------------------------------------------------------------------------------------------------------- | | Organize a business entity such as a limited liability company (“LLC”) or corporation. | | -------------------------------------------------------------------------------------- | ## Support Triumph will support you through the process of creating a legal entity/business developer account. Email for questions related to this. # Terms of Use: "Triumph: Play for Cash" Triumph Play for Cash *Effective Date: March 2, 2022* *Updated: July 10, 2026* PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER (AS SET FORTH IN SECTION 14 HEREIN) AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION, ESPECIALLY FOR EEA AND UK RESIDENTS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TRIUMPH ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. IF YOU WISH TO OPT OUT OF THESE PROVISIONS, YOU MUST PROVIDE NOTICE TO COMPANY AS DETAILED THEREIN. Triumph Labs, Inc. provides its services in the identified jurisdictions through the following entities (together referred to as "Triumph"):
Within the United States of America: \ Triumph Arcade, LLC (USA) \ San Francisco, California
Within the European Economic Community: \ SIA Triumph Arcade Europe (EU) \ Laipu iela 6, Rīga, LV-1050, Latvija
Within the United Kingdom: \ Triumph Arcade UK LTD (UK) \ Suite 1, 7th Floor 50 Broadway, London \ United Kingdom, SW1H 0DB Triumph's website (“Website”), mobile application(s) (“App(s)”), and all services provided through the Website and App(s), including as related to Games and Tournaments (collectively, the “Services”) form the Triumph platform (“Platform”) including its mobile application (the "Triumph App"), which is made available by Triumph. Certain features of the Platform may be subject to additional guidelines, terms, or rules (collectively, “Additional Terms”), which will be posted on the Website or otherwise through the Platform in connection with such features. References to “you” and “your” refer to you, a user of the Platform. THESE TERMS OF USE AND ALL APPLICABLE ADDITIONAL TERMS FORM THE FULL LEGALLY BINDING AGREEMENT BETWEEN TRIUMPH AND YOU REGARDING YOUR ACCESS TO AND USE OF THE PLATFORM (COLLECTIVELY, “AGREEMENT”). BY ACCESSING OR USING THE PLATFORM, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE PLATFORM OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT (EXCEPT FOR THOSE FOR WHICH YOU MAY OPT OUT), DO NOT ACCESS OR USE THE PLATFORM. YOU AGREE THAT YOU HAVE REVIEWED OUR [RESPONSIBLE GAMING POLICY](/responsible-gaming-policy) AND WILL TAKE ACTION TO LIMIT YOUR PLAY AND TO OTHERWISE SEEK ASSISTANCE IF YOU ARE UNABLE TO USE THIS APPLICATION RESPONSIBLY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (I) THE GAMES AND TOURNAMENTS MADE AVAILABLE THROUGH THE PLATFORM ARE BONA FIDE CONTESTS OF SKILL, IN WHICH OUTCOMES ARE DETERMINED BY THE SKILL OF PARTICIPATING PLAYERS, INCLUDING PLAYER SPEED, REACTION TIME, MEMORY, DEXTERITY, VISUAL ACUITY, SPATIAL REASONING, AND EXERCISE OF JUDGMENT; (II) ENTRY FEES PAID TO PARTICIPATE IN TOURNAMENTS ARE NOT “BETS” OR “WAGERS,” AND PRIZES ARE NOT AWARDED BASED ON THE OUTCOME OF ANY REAL-WORLD SPORTING EVENT OR CONTEST OUTSIDE OF THE PARTICIPANTS’ CONTROL; AND (III) TRIUMPH DOES NOT OFFER ANY GAME OF CHANCE, LOTTERY, SPORTSBOOK, OR GAMBLING SERVICE, AND THE PLATFORM IS NOT AN ONLINE CASINO. ## 1. PRIVACY. In the course of using the Platform, you may submit User Data (as defined below), including personal information, to Triumph. Triumph’s [Privacy Policy](/) details how we treat your User Data. We agree to abide by the Triumph [Privacy Policy](/) and you agree that Triumph may use and share your User Data in accordance with the Triumph [Privacy Policy](/) and applicable data privacy and protection laws including, where applicable, the GDPR, the UK GDPR and the LOPDGDD. Nothing in this Agreement is intended to replace the Privacy Policy or to limit any statutory rights that you may have under applicable data protection laws. Where Triumph is required to obtain your consent for a specific processing activity, such consent will be requested separately through the appropriate mechanism. ## 2. ACCOUNTS. 2.1 Account Eligibility and Creation. In order to use the Platform, you must register for an account with Triumph (“Triumph Account”) and provide certain information about yourself as prompted by the registration form. In addition you must meet the following requirements: (a) you are at least eighteen (18) years old; (b) all payment methods used by you are associated with an account you own — it is a violation of this agreement to use a payment method not issued to you; (c) you have not been banned by Triumph, or its affiliate Triumph Labs, Inc., for any reason; (d) you have a personal mobile telephone number issued by a telecommunications provider in your country of residence which must be in an Eligible Location; (e) you have a valid government issued identification; and (f) your account is held by a natural person and not for the benefit of any company or entity. ANY ATTEMPT TO CREATE MORE THAN ONE ACCOUNT IS A BASIS FOR IMMEDIATE TERMINATION OF ALL ACCOUNTS AND THE FORFEITURE OF ALL BALANCES ASSOCIATED WITH SUCH ACCOUNTS. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will maintain the accuracy of such information at all times. ### 2.2 Verification of Account Information. Triumph reserves the right to verify the eligibility of any user at any time, during or after account creation, including by asking the user to provide identification or verify the user’s age and/or physical location, payment details and/or complete other checks reasonably necessary to comply with this Agreement, applicable law, fraud prevention requirements or regulatory obligations. If you do not provide accurate eligibility information, or if Triumph cannot reasonably verify your eligibility information as accurate, Triumph may suspend or terminate your Triumph Account and you agree that you forfeit any balance associated with your Triumph Account, if any. Triumph may suspend or terminate your Triumph Account as provided in this Agreement, regardless of whether you meet the eligibility criteria provided herein. For identity verification purposes Triumph uses One Footprint, Inc. and, within the United States of America, its affiliate Verified Network, Inc. and by agreeing to these Terms of Use you agree to the Footprint Terms of Services which may be accessed at or elsewhere on the [www.onefootprint.com](http://www.onefootprint.com) website. Triumph may use other third-party identity verification providers. Where Triumph discloses personal data to such providers, it will do so in accordance with the Triumph Privacy Policy and applicable data protection laws. Such providers may act as processors, independent controllers or other legally recognized roles depending on the relevant processing activity. Where applicable, their own terms of service and privacy notices may also apply. ### 2.3 Eligible Locations, Compliance With Laws. Triumph restricts all real money gameplay to locations in which Triumph believes it is allowed to operate real money Tournaments (the "Eligible Locations"). Notwithstanding this, you agree that you are responsible for knowing and understanding the law applicable to you and you agree that you will not use the Triumph services in any location in which such services are not allowed. Additionally, if there exists a limit on gameplay in any jurisdiction in which you access the paid Tournaments you agree that you will not exceed any amount of gameplay that would result in a claim against Triumph or any other user of the Triumph system. “Eligible Location(s)” means a location from which access to and/or use of the Platform for the purpose of participating in real-money Tournaments is permitted. You may access and use the Platform from other locations, but you must be in an Eligible Location to participate in real-money Tournaments. Use of and/or access to the Platform to participate in a real-money Tournament from any location that is not an Eligible Location is strictly prohibited. The list of Eligible Locations for each Triumph entity (United States, European Economic Area, United Kingdom and any other region where we operate) is published and kept up to date on the Website and/or in the Triumph App. The Eligible Locations may be subject to change at any time at Triumph’s sole discretion for whatever reason, including to reflect changes in applicable law or our licensing position. In the event a location from which you are participating in a real-money Tournament is no longer an Eligible Location, the Tournament will end and all buy-ins will be returned. **Currency and Location.** Monetary amounts in these Terms may appear in U.S. dollars (USD) for illustration. The currency applicable to your transactions will be the currency displayed to you at the point of purchase or withdrawal for the relevant transaction, and that displayed currency and amount (including applicable taxes and charges) will govern your transaction. If you are a consumer habitually resident in the EEA or the UK, all amounts related to the Platform (including fees, entry costs, prizes, thresholds, minimums and limits) will be displayed and charged in the currency applicable to your country. Any references to "$", "USD" or dollar-denominated examples in these Terms are illustrative only and do not apply to you. ### 2.4 Account Deletion. You may delete your Triumph Account at any time, for any reason, through the app or by sending an email request to . You may also suspend your Triumph Account through a user-initiated account suspension on the application. This is not a permanent account deletion, and suspended Triumph Accounts may be reopened. ### 2.5 Account Responsibilities. Each user is responsible for maintaining the confidentiality of the user’s Triumph Account login information and each user shall be fully responsible for all activities that occur under the user’s Triumph Account. A Triumph App may be accessible from an unlocked phone, you should maintain control over your phone and employ safeguards to prevent unauthorized access to the Triumph App. You are responsible for maintaining access to the Triumph App within your sole control and any conduct by a third person on the Triumph App gained by using or accessing your phone is your responsibility and you agree that you are liable for deposits made by others who use your phone, unless applicable law does not allow the imposition of such responsibility. Even if your financial institution reverses charges incurred you will remain liable to Triumph for deposits or other transactions made by you or others that access your phone with your permission or as the result of a failure to adequately protect your account. In order to prevent unauthorized use you should password protect your phone and log out of the Triumph App when you are finished with a session. You agree that you will immediately notify Triumph of any unauthorized use, or suspected unauthorized use, of your Triumph Account or any other breach of security. Each user account is to be used solely for access to the Platform by the assigned user. TRIUMPH ACCOUNTS ARE NOT TO BE USED OR SHARED BY MORE THAN ONE INDIVIDUAL OR SOLD OR TRANSFERRED BETWEEN INDIVIDUALS; DOING SO SHALL BE A BASIS FOR IMMEDIATE TERMINATION OF THE APPLICABLE TRIUMPH ACCOUNT(S). ANY PURPORTED SALE OR TRANSFER OF A TRIUMPH ACCOUNT SHALL BE VOID AND OF NO EFFECT. ### 2.6 Authorization for Contact. Each user, by creating an account, authorizes Triumph to contact the user electronically by phone, email, text message, notification, or other electronic means in order to: (i) confirm information about the user; (ii) confirm information submitted by the User; (iii) resolve customer support issues; (iv) request information about the user’s use of the Platform; (v) provide account status information to the user; or (v) take any action in furtherance of this Agreement. This authorization will continue for the term of this Agreement. In order to terminate this Authorization the user must send a notice to and terminate all use of the Platform except for the Triumph App solely for the purposes of withdrawal or, alternatively, unsubscribe electronically by following the "stop" or "unsubscribe" information contained in any communication sent to the user. If you are located in the European Economic Area, the United Kingdom or any other jurisdiction where equivalent rules apply, the above authorization does not apply to marketing communications where separate consent or another specific legal basis is required by applicable law. Triumph may send service, transactional, security, account, payment, withdrawal, legal and operational communications where necessary to operate the Platform, perform this Agreement, protect users, ensure security or comply with applicable law. Where consent is required, such as for marketing communications, Triumph will request it separately. You may withdraw consent or object to marketing communications at any time by using the unsubscribe mechanism included in the relevant communication, replying “STOP” to SMS where available, managing your communication preferences, or contacting Triumph through the channels set out in the Privacy Policy. ### 2.7 Account Types. Triumph may provision game developers with test accounts for purposes of reviewing the system. No withdrawals may be made from test accounts and any amount won in any Tournament is and will remain the property of Triumph. Triumph may allow a flat amount to be withdrawn for test purposes, such amount being independent of any amount gained in any real cash Tournament. ### 2.8 Idle Account Fee. Accounts that have not been logged into for more than six months will be assessed a monthly fee for non-use. The fee will be equal to 2% (rounded up to the nearest cent) of the balance of the account starting on the sixth month from the last login until the user's balance reaches zero dollars. We may notify you (for example, but not limited to, via the Website and/or Apps) at least thirty (30) days before we begin charging this fee and you may avoid the fee by logging into your account or requesting a withdrawal of any withdraw-able funds. We will only apply this fee where permitted by applicable law and will not apply it in any jurisdiction where dormant account fees are prohibited or regulated in a different way. In no case will this fee cause your balance to fall below zero. ### 2.9 Exclusion by Triumph. Triumph may exclude, suspend, or otherwise restrict any user's access to the Platform, or any portion thereof, at any time and for any reason in its sole discretion, including without limitation where Triumph believes, in its sole judgment, that a user has exhibited a course of conduct indicating unhealthy use of the Platform, or based on communications by or from the user relating to the user's use of the Platform. Any such exclusion may be for a fixed period or indefinite, and Triumph has no obligation to reinstate access. An exclusion under this Section for health and safety reasons will be deemed a termination of any then-active promotion for the period of exclusion as provided in Section 6.5.1. Triumph's exercise of this right shall not create any liability of Triumph to you, and does not obligate Triumph to monitor any user's activity or communications. You agree that you have reviewed our Responsible Gaming Policy. ## 3. USE OF PLATFORM. ### 3.1 Limited License. Subject to the terms of this Agreement, Triumph grants you a limited, revocable, non- transferable, non-exclusive license to access and use the Platform for your own personal use in accordance with this Agreement. For the avoidance of doubt, your use of any software made available by Triumph in connection with your access to and use of the Platform shall be limited to use of the executable object code format only. Specifically, and without limitation, your access to, or attempt to access, any source code of the Platform to cheat or for any other unauthorized purpose shall be a basis for immediate termination of your Triumph Account. ### 3.2 Acceptable Use and Restrictions. The rights granted to you in the Agreement are subject to the following rules for acceptable use and restrictions: (a) you shall not access or use the Platform for any purpose other than that for which Triumph makes the Platform available; (b) you shall not use the Platform in connection with any commercial endeavors except those that are specifically endorsed or approved by Triumph, including to advertise or offer to sell any goods or services on the Platform or to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; (c) except as expressly permitted by Triumph in advance in writing, you shall not license, sell, rent, lease, transfer, assign, distribute, or host the Platform to or for a third party; (d) you shall not trick, defraud, or mislead Triumph or other users, especially in any attempt to learn sensitive account information, such as user passwords; (e) you shall not attempt to impersonate another user or person or use the username of another user; (f) you shall not use any information obtained from the Platform in order to harass, abuse, or harm another person; (g) you shall not sell or otherwise transfer your Triumph Account; (h) you shall not make improper use of our support services or submit false reports of abuse or misconduct; (i) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Platform; (j) you shall not circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform or the content contained therein, nor attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform; (k) you shall not disparage, tarnish, or otherwise harm Triumph or the Platform, as determined by Triumph in its sole reasonable discretion; (l) except as expressly stated herein or otherwise permitted by Triumph in advance in writing, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means (including by, e.g., scraping, mirroring, framing, embedding, or linking); (n) you shall not systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Triumph, nor shall you upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (o) except as may be the result of standard search engine or Internet browser usage, you shall not engage in any automated use of the Platform, such as using creating user accounts by automated means, using scripts to send comments or messages, using any buying or purchasing agent to make purchases from or through the Platform, or using any data mining, robots, or similar data gathering and extraction tools; (p) you shall not interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform; (q) you shall not upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform, nor use the Platform in any manner that interferes with another user’s uninterrupted use and enjoyment of the Platform (such as, e.g., excessive use of capital letters, spamming, the continuous posting of repetitive text, or other abusive, harassing, or obnoxious behavior, as determined by Triumph in its discretion); (r) you shall not harass, annoy, intimidate, or threaten any Triumph employee, agents, or service provider engaged in providing any portion of the Platform to you; (s) your use of the Platform shall at all times comply with all applicable laws and regulations and all applicable terms and conditions of any Third-Party Services (as defined below) upon which use of our Platform depends (as addressed further below); and (t) all copyright and other proprietary notices included within the Platform and on content made available through the Platform must be retained and not modified or obscured. ### 3.3 Modification. Triumph reserves the right, at any time, to modify, suspend, or discontinue the Platform, including the Website or Services, or any part thereof, with or without notice. You agree that Triumph will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform, or any part thereof. Any future release, update, or other addition to functionality of the Platform shall be subject to the terms of this Agreement. ### 3.4 Ownership. Excluding User Data (as defined below), you acknowledge that all intellectual property rights in and to: (a) the Platform; (b) all names, logos and trademarks used with the Platform; and (c) all content made available by Triumph through the Platform, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, proprietary information, client- and server-side code (e.g., HTML, JavaScript, active server pages, VBScript, databases, or any other code files) are owned by Triumph or Triumph’s licensors. The provision of the Platform does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Triumph and its licensors reserve all rights not granted in this Agreement. ### 3.5 Third-Party Services. The Platform is designed to interoperate with certain third-party services that are not under the control of or maintained by Triumph (“Third-Party Services”), such as those that provide transactional and/or financial services to Triumph. Certain Third- Party Services are integrated into the basic operation of the Platform and certain Third- Party Services may be added by you for additional fees. You must agree to and you must abide by the terms and conditions of any applicable Third-Party Services, and your violation of the applicable terms and conditions of any such Third-Party Services shall be a violation of this Agreement. Triumph is not responsible for the content of, or any transactions you process on or through, any Third-Party Services. Triumph does not make any representations or warranties about Third-Party Services, or any information, materials, or products found thereon. To the extent that Triumph provides links or references to any Third-Party Services, you acknowledge that Triumph provides them to you solely as a convenience to you. In no event shall Triumph be liable for any loss, claim, damages, costs, or negative experiences that may arise in connection with your access to or use of any Third-Party Services independent of or not directly caused by the Platform, including, without limitation, any transactions processed by you on or through such Third-Party Services. Specifically, and without limitation, you agree to the terms and conditions applicable to the following Third-Party Services. ### 3.6 User Responsibilities. In connection with using the Platform and participating in any Game or Tournament, each user is responsible for—and Triumph fully disclaims and is released from any responsibility for: (a) the user’s own devices and telecommunications connections, services, and fees, including for wireless, Internet, and other services. Specifically, and without limitation, the user shall bear the full risk of any malfunction, crash, or failure of the user’s device or connection (whether related to hardware or software or to low or no battery or power supply), for whatever reason; (b) the availability, quality, latency, and continuity of the user’s telecommunications connections and services. Specifically, and without limitation, the user shall bear the full risk of any malfunction, crash, or failure of the networks used to provide the user’s connection to the Platform, for whatever reason; (c) the user’s remaining actively and properly involved in a Tournament during its duration; (d) all other factors that may impact a user’s own participation in a Game or Tournament; and, (e) to promptly and fully disclose to Triumph any exploitative conduct by other players, any bug or defect in any game, the Triumph App, or that may give rise to unfair outcomes between participants or allow access to any Triumph server system. ANY LOSS, LIMITATION, OR NEGATIVE EXPERIENCE A USER SUSTAINS IN CONNECTION WITH ANY OF THE FOREGOING SHALL NOT ENTITLE THE USER TO A REFUND OR ANY OTHER REMEDY. IF A USER’S DEVICE IS UNABLE TO SUBMIT A SCORE TO THE PLATFORM FOR ANY REASON, THE USER WILL AUTOMATICALLY BE GIVEN A SCORE OF ZERO. IF A USER EXITS OUT OF A GAME OR TOURNAMENT FOR MORE THAN FIVE (5) SECONDS, THE USER’S SCORE WILL BE REPORTED AS THE LAST VALID SCORE SUBMITTED FROM THE USER’S DEVICE, IF IT IS AVAILABLE TO TRIUMPH. IN CERTAIN JURISDICTIONS, MORE PARTICULARLY BUT NOT LIMITED TO THE STATE OF ILLINOIS, PLAYING REAL CASH TOURNAMENTS IS ALLOWED BUT THE DEVICE ON WHICH SUCH TOURNAMENTS ARE PLAYED MAY BE SUBJECT TO FORFEITURE AND THE USER SPECIFICALLY ASSUMES ANY RISK OF FORFEITURE OF THEIR DEVICE. ### 3.7 Bank Secrecy Act - Anti-Money Laundering Policies You agree that you have read the Triumph [BSA-AML Policy](https://www.notion.so/09e2be37f8c44caea2826e0b22bf06eb) and that Triumph may take any action indicated under the [BSA-AML Policy](https://www.notion.so/09e2be37f8c44caea2826e0b22bf06eb). By using the Platform you represent that you are not on any Specially Designated Nationals or Blocked Persons list (”SDN”) maintained by the US Office of Foreign Assets Control. You also represent that you are not listed on, or otherwise the target of, any applicable sanctions maintained by the European Union, any EU Member State, or the United Kingdom (including the UK Sanctions List and the Consolidated List of Financial Sanctions Targets). We may take any action permitted under our BSA-AML Policy and under applicable anti-money laundering, counter-terrorist financing and sanctions laws in the jurisdictions in which we operate ## 4. USER CONTENT. ### 4.1 User Data. “User Data” means any and all information and content that is input into the Platform by or on behalf of a user except for the Payment Data, defined below. You acknowledge and agree that Triumph is not responsible for any User Data, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Triumph does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Data. User Data may include content, materials or information uploaded, submitted, posted, displayed or otherwise made available by a user through the Platform (collectively, “User Content”), as well as account information, gameplay information, scores, rankings, activity data, technical data and other information relating to the use of the Platform. To the extent that User Data includes personal data, Triumph will process such personal data in accordance with the Triumph Privacy Policy and applicable data protection laws. Nothing in this Section is intended to grant Triumph any license or ownership right over personal data as such, or to limit any statutory rights that users may have under applicable data protection laws. ### 4.2 User Data Responsibilities. Triumph is not obligated to backup any User Data and you are solely responsible for creating backup copies of your User Data, if you desire. ### 4.3 Right to Remove Data. You agree that Triumph has the right to remove any content, including User Data, from the Platform at any time, where Triumph deems it reasonably necessary to operate, secure or protect the Platform, enforce this Agreement, comply with applicable law, prevent fraud, cheating, abuse or misuse, protect other users, or respond to legal or regulatory requests. Triumph also has the right to refuse, move, or block access to any material submitted on or through the Platform, and to establish general practices and limits concerning use of the Platform. The decision of whether or not to remove content from the Platform is within Triumph’s sole and reasonable discretion and subject to applicable law. Triumph has no obligations, contractual or otherwise, to take or refrain from taking any action. Under no circumstances will Triumph be liable for removing or failing to remove any content. To the extent that any removed, restricted or blocked content includes personal data, Triumph will handle such personal data in accordance with the Triumph Privacy Policy and applicable data protection laws. Nothing in this Section limits Triumph’s obligations or users’ statutory rights under applicable data protection laws, including any applicable retention, deletion, restriction, blocking or preservation obligations. ### 4.4 License. You hereby grant, and you represent and warrant that you have the right to grant, to Triumph an irrevocable, perpetual, non-exclusive, royalty-free and fully-paid, worldwide license to use, reproduce, distribute, publicly display and perform, modify, adapt, prepare derivative works of, incorporate into other works, and otherwise exploit your User Data, and to grant sublicenses of the foregoing, for the purposes of providing the Platform to you, for any specific purpose identified in connection with our solicitation or collection of your User Data, and as otherwise permitted by our Privacy Policy. More specifically, and without limitation, you agree that we may process your User Data to create aggregated and/or de-identified data sets used to improve the Platform, including to use such data for algorithm development, machine learning, and the creation and development of other features and functionality. For the avoidance of doubt, except where limited by applicable law, this license continues even after you stop using the Platform, including without limitation with respect to aggregate and/or de-identified data derived from your User Data and any residual backup copies of your User Data made in the ordinary course of our business. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Data. To the extent that any User Content, User Data or other information relating to you constitutes personal data, Triumph will process such personal data in accordance with the Triumph Privacy Policy and applicable data protection laws. ### 4.5 Feedback. If you provide Triumph any feedback or suggestions regarding the Platform (“Feedback”), you hereby assign to Triumph all rights (including all intellectual property rights) in and to the Feedback and agree that Triumph shall have the right to use such Feedback and related information in any manner it deems appropriate. Triumph will treat any Feedback you provide to Triumph as non-confidential and non-proprietary. You agree that you will not submit to Triumph any Feedback that you consider to be confidential or proprietary. ### 4.6 Other Users. Each user of the Platform is solely responsible for any and all of such user’s User Data. You acknowledge and agree that we are not responsible for any User Data and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Data and we assume no responsibility for any User Data. The Platform provides features and functionality by which you may interact with one or more other users. You agree that, regardless of whether Triumph personnel is present or not and regardless of whether Triumph personnel intervene or not, Triumph has no obligation to restrict or prohibit your interaction with other users, and Triumph will not be responsible for any loss or damage incurred as the result of your interactions with other users. If there is a dispute between you and any other user, we are under no obligation to become involved. ### 4.7 Sharing of User Information. The Platform may provide information from or about users using the Platform to other users. Currently, the Platform allows other users to view a user’s profile, their general location, the user-uploaded profile image, and user scores in matches with other users where this is necessary for the operation of Platform features, including profiles, leaderboards, rankings, match results, tournament participation, prize outcomes, social features or other public or semi-public features. Triumph makes commercially reasonable efforts to indicate clearly when a user is using a feature that permits the sharing of information with other users, and will take reasonable steps to ensure that any such sharing is limited to what is necessary for the relevant feature and is described in the Triumph Privacy Policy. Triumph does not and cannot verify all information provided by users. Triumph does not control, and makes no representations or warranties as to, the identity, character, or behavior of any user, and Triumph disclaims, and you release Triumph from, any and all liability relating thereto. Users should exercise caution and judgment when interacting with other users, in both online and offline interactions, as when interacting with any other individual a user does not know. In certain circumstances where a user is located in a specific jurisdiction they may be entitled to release of other contestants information pursuant to applicable law. To the extent that such a release is required by applicable law the user to whom it is requested and release will keep all such information confidential and shall not publicly disclose or release any of the names or other information of other users. Triumph makes no representation or warranty as to the accuracy of the information supplied by users. Users acknowledge and agree to the release of such information where required by applicable law and waive any claims against Triumph for the misuse or disclosure of such release by a user to whom such information is required to be released. Nothing in this Section limits any statutory rights that users may have under applicable data protection laws. ### 4.8 Skill Based Matchmaking and Tournaments. The results of matches are never pre-determined and Triumph does not use bots in any multi-player Tournament and Triumph attempts to detect and ban any users who attempt to cheat in order to ensure that you will always be playing against real people in any multi-player Tournament. Triumph takes measures designed to detect and restrict users who attempt to cheat, manipulate results or otherwise misuse the Platform, in order to preserve the integrity of Tournaments and to ensure that, in multi-player Tournaments, users play against real people. AS further described in the Privacy Policy, Triumph may collect and process score data, gameplay data, skill indicators, account data, technical data and related usage information to create score and skill profiles for a variety of purposes, including to: (i) match players in tournaments based on their skill profiles or score data; (ii) create customized prize offerings in single player games; (iii) use skill based match-making ("SBMM") to match players; and (iv) for anti-cheating purposes. The application of Triumph's SBMM algorithms may match users within a set range of users who are of similar skill, for example, within 30%. In single player games the score or skill profiles may be used to create custom prize schedules, including the score required for prizes or the "jackpot". Customized scoring thresholds or customized prize schedules based on a user’s score or skill profile apply only in single player games and do not apply in multi-player, 1v1, Tournament or other competitive formats. In competitive formats, all participants are scored and ranked on the same raw-score basis, and the highest score wins. Certain Tournament types and prize formats may not be made accessible to a player until a player has played a certain number of games, such as practice games, in order to fully develop a score or skill profile. Triumph, in its sole discretion, may change the parameters that create the single player prize offerings and may change the SBMM parameters at any time, including changes that may increase the skill difference between players or that may take into account the value of the tournament being entered by a player. For clarity, routine prospective adjustments to single-player prize offerings or SBMM parameters that do not materially affect users’ rights or obligations, the economic or functional value of the service, or any already-paid or in-progress Tournament will not constitute a Material Change. Any such processing of personal data will be carried out in accordance with the Privacy Policy and applicable data protection laws, including the GDPR and the LOPDGDD (as applicable). Triumph makes no representations regarding its use or the effectiveness of the SBMM. Despite the Company's SBMM, in any match between players it is unlikely that all players will be at the same level. You acknowledge and agree that you may be matched against a player of higher or lower skill in any tournament at any time. The Company may change the parameters of its SBMM system, or cease using it, without notice, at any time. ## 5. GAMES AND TOURNAMENTS. ### 5.1 Games and Tournament Types. As used in the Agreement, a “Game” is an application, website, or other online service or offering that a user plays, using the user’s skill, to achieve a certain score. A “Tournament” is a competitive format for users to play a Game that permits the payment of entry fees to participate in a bona fide contest of skill, with prizes awarded based on the users’ participation in and outcome of the Game. Games may be played in practice modes that do not involve the payment of real-money entry fees (as is the case in a Tournament), and Games may include a tutorial on gameplay. You agree that you will review the tutorial and use practice mode prior to entering any real money Tournaments. Within the Platform, Tournament types include, without limitation, “1v1,” where users compete against each other, and “Blitz Mode,” where a user accrues winnings based on points scored during the Game, multiplayer where users may play simultaneously against other players. The parameters and rules (“Rules”) of each Game and Tournament are more fully explained within the Platform, and by playing any Game or entering into any Tournament you expressly agree to the Rules associated therewith. Triumph may modify, add, and remove Rules and/or Tournament types from time to time, in its sole discretion. ### 5.2 Tournament and Other Fees. 5.2.1 Tournament Fees Triumph charges entry fees for participation in Tournaments as follows: \ \ (a) In **Blitz Mode** (single player), such fees are the amount of each entry as indicated in your selection screen; (b) In **1v1 Tournaments**, the entry fee is the difference between your entry and the winnings divided by two, for example in a 1v1 Tournament where the entry fee is $0.60 and the total prize is $1.00 the fee charged to each person is $1.20 - ($1.00 / 2), or $0.70. Note that the applicable currency will be displayed before you enter the Tournament and may vary based on your location (e.g., USD, EUR, GBP). (c) In **multiplayer Tournaments**, the entry fee is the cost of entering the tournament as indicated in your selection screen, in such Tournaments the number of total entrants will either be identified in the tournament selection screen and the prize outcomes for each place in the tournament identified or the maximum and minimum number of entrants and the prizes associated with such maximum and minimum identified (with any number in-between having a prize based on the same ratio as the maximum and minimum). (d) In **Real-Time 1v1 Tournaments** you compete head-to-head against another individual player in the same game, in real time. Matching occurs only between players who have each elected to enter the same game in Real-Time 1v1 mode; Triumph does not cross-match players across different games, game modes, or Tournament types. When you enter this mode, you select a maximum entry amount (i.e., the most you are willing to wager for a single match). This selection does not enter you into any Tournament or commit you to any match. Triumph will then propose one or more matches against other players, each at an entry amount equal to or lower than your selected maximum; Triumph will never propose or set an amount higher than the maximum you selected. You must affirmatively accept a proposed match, including its entry amount, before you are entered into it. You may decline any proposed match and are never locked into a match prior to your acceptance. The entry fee for each match is calculated as described in subsection (b) above, based on the accepted entry amount. The entry amount, entry fee, potential prize, and currency (which may vary by location, e.g., USD, EUR, GBP) will be displayed before you accept. After a match concludes, you may propose, or accept your opponent's proposal of, a further match against the same opponent: (i) a "Rematch" at the same entry amount, in which each player's prior winnings are unaffected; or (ii) a"Double-or-Nothing", in which the prior match's winner stakes those winnings on the new match (i.e., winning doubles them, while losing forfeits them to the opponent). Each is a separate Tournament requiring both players' affirmative acceptance, and its entry amount, fee, and potential prize will be displayed before you accept. You are never obligated to propose or accept either and may decline at any time prior to acceptance. (e) In challenge mode, the number of entrants is unlimited and anyone who pays the entry fee may participate during the period that the challenge mode is active, which will be identified on the Tournament screen. At the time of entry the leaderboard will identify the then current leaders, their place in the Tournament, and the prize for each place that will be awarded as of the time that you enter such Tournament. In each case the amount of the entry fee and the potential prize available and the requirement that must be met in order to receive such prize will be provided to you prior to you being able to enter such Tournament. You agree that you will review all prize distributions prior to making a selection and will not enter a selection if you do not understand the effect such selection will have. 5.2.2 Other Fees Triumph imposes a fee for instant withdrawal to a bank account/eligible payment method. The amount of this fee (and any applicable exchange rate or third-party processing charges) will be clearly disclosed to you before you confirm the withdrawal, and any change to the fee will apply only to future withdrawals. Triumph may change this fee from time to time where we have a valid reason (for example, changes in third-party costs, fraud or compliance requirements), but we will not change the fee after you have initiated a withdrawal. Withdrawals may be made to a bank account using ACH (or an equivalent standard bank transfer method, where available in your location). Withdrawals may be made to a bank account using ACH (or an equivalent standard bank transfer method, where available in your location) without any fee. ### 5.3 Tournament Participation. A user may participate in a Tournament by entering the Tournament within the Platform. For each Tournament into which a user enters, the user’s entry indicates that the user affirmatively acknowledges and agrees: (a) to pay the specified and non-refundable entry fee before gameplay commences; (b) it is the user’s responsibility to understand and abide by the rules of the Game and of the Tournament; (c) to accept the outcome of the Game, which shall in all cases be finally determined by Triumph in its sole discretion based on the scores of the users and according to the process provided below, in its discretion; (d) that Triumph shall take a fee from every Tournament; (e) that Triumph reserves the right to take a variable percentage fee from Tournament prize pools; (f) that the User understands the gameplay, has read any available tutorial, and has played on Practice Mode. The user acknowledges that on games where maps or gameplay are changed, the maps on Blitz Mode cycle through ten (10) versions, one of which is changed each hour. Prior to entering into a Blitz Mode tournament the User agrees that they will play each version until they fully understand the map and game dynamics in practice mode prior to entry into a paid Tournament; (g) that gems or other digital items that are not designated in a legal currency and are issued during gameplay or incident to any type of Tournament (”Digital Goods”) have no cash value and may be removed from an account at any time and that Triumph may at its sole discretion change, offer, or remove any Tournament using Digital Goods, may delete such Digital Goods, or may terminate the offer of such Digital Goods at any time and for any reason, as more fully set forth in Section 6.5.2 herein. ### 5.4 Tournament Outcome. Once a Tournament has reached an end-state, the outcome shall be as follows: (a) a user wins a Tournament if the user’s score gives the user a winning position in the specified rank ordering of the prizes for the Tournament (i.e., the payout distribution); (b) a user loses a Tournament if the user’s score does not give the user a position in the specified payout distribution; and (c) a user ties a Tournament if the user’s score matches at least one other user in the same position in the specified payout distribution. ### 5.5 Tournament Payout. At the end of a Tournament: (a) Triumph shall credit the account(s) of the winner(s) in accordance with the payout distribution; (b) in the event of a tie, Triumph splits the specified prize equally among all of the users who tied for that position in the payout distribution. ### 5.6 Additional Tournament Terms. (a) The matching of players of similar skill, as determined by Triumph, in its sole discretion may be employed in any Tournament. (b) With respect to Blitz Mode Tournaments, players’ prizes scale as scores increase. The payout distribution is specified on a “Blitz Screen,” which ascribes different winnings for different scores achieved for each discrete game. A Blitz Mode Tournament may have options for games with differing entry fees. The Blitz Screen and the parameters of the entry fee and Blitz Screen prizes are binding once a player chooses to enter the Tournament. Blitz Mode Tournaments may or may not require fees. ### 5.7 Streaks. You may enter a tournament type where the prize is based on meeting score targets in one or more games in a row (referred to as "Streaks"). The game parameters for each game may vary between versions of the game. For any given Streak, the applicable game parameters will not change during that Streak. You acknowledge that you have had the opportunity to thoroughly practice each variation of a game for free, have agreed to do so as required in these Terms, and that you understand any risk associated with meeting the scores required in each version of such game. ## 6. FEES, FUNDS, AND WITHDRAWAL ### 6.1 Fees. We may use commercially reasonable efforts to display and explain all applicable fees in connection with the use of the Platform, including all applicable Game and Tournament fees. The fees may be presented as a cost to enter and a total published prize payout for a given Tournament; in those cases, the platform fee equals the difference between the total entry fees collected from participants and the published prize payout for that Tournament, as disclosed before you enter, and neither the fee nor the published prize payout will be reduced after your entry. In addition to any fees charged by Triumph for use of the Platform, you may also be charged for the use of Third-Party Services. Our fees and payment policy may change at any time and from time to time in our sole discretion. As provided above, we contract with one or more third parties to facilitate the processing of fees and payments. ### 6.2 Adding Funds into Triumph Account. Any funds added to your Triumph account are non-refundable and may be used solely for Tournament entries only. You may add funds to your Triumph Account after (i) Triumph has verified that you are located in an Eligible Location; and (ii) you have indicated your acceptance of this Agreement, including our Privacy Policy. All funds added to a Triumph account may only be used for entrance into Tournaments and are non-transferrable and will not be refunded by Triumph, except as required by applicable law or other legal obligations. If you are a consumer resident in the European Economic Area or the United Kingdom, you may request withdrawal of the cash balance of your Triumph Account (excluding Bonus Cash and In-Platform Items) at any time, subject to (i) completion of our identity and fraud-prevention checks as described below in Clause 6.3 (a), and (ii) any legal or regulatory restrictions (including anti-money laundering and sanctions requirements). Funds may only be withdrawn from your Triumph Account in accordance with this Agreement. The only funds available for withdrawal are those that you have received as a prize and not any amounts added to an account from other sources. You must deposit funds from an account or card you own or that is issued to you and agree that you will not deposit funds using any other persons account or credit or debit card. Tournaments may be illegal in the jurisdiction in which you are located; if so you are not authorized to use your payment card to complete a transaction. When you win a prize, such prize is designated in United States Dollars and is credited to your Triumph account, within Triumph such funds may only be used for tournament entries and for no other purpose. You may make a withdrawal request and such request will be processed as described below. ### 6.3 Withdrawal of Funds. The following terms apply to all withdrawal requests from your Triumph Account: (a) You may not withdraw any funds from your Triumph Account unless and until we have completed a Know-Your-Customer (“KYC”) verification of your status as a user. The successful completion of a KYC verification shall be determined by Triumph in its sole discretion. As part of this process you may be required to provide certain information necessary to verify your identity, age, eligibility, location, payment details and entitlement to withdraw funds, including, where applicable: (i) uploading an image of a government issued photo identification; (ii) taking a live video of your face which is used for the purposes of matching to your photo identification; and (iii) authorizing the collection of phone global positioning data as necessary to verify your jurisdiction, eligibility, withdrawal request, fraud risk or compliance with applicable legal requirements. Some of the information provided, including facial images and scans (if applicable) may constitute "biometric data" or "special categories of personal data" under applicable data protection laws where it is processed through specific technical means for the purpose of uniquely identifying or authenticating you. By using the Platform for purposes of a withdrawal you specifically acknowledge and agree to the collection of such information for the purposes of verifying your identity and the management of such information in accordance with this Agreement, the Triumph Privacy Policy, and applicable third-party Terms of Use and Privacy Policies applicable thereto. Where we are subject to data protection laws such as the EU General Data Protection Regulation ("**GDPR**") or the UK GDPR, we will only process such data where permitted by those laws including where there is an appropriate legal basis under Article 6 GDPR and, where biometric data or other special categories of personal data are processed, a valid condition under Article 9 GDPR, such as explicit consent where required or another applicable legal basis. Where explicit consent is required for the processing of biometric data or other special categories of personal data, Triumph will request it separately, clearly and specifically. Refusing or withdrawing such consent may affect your ability to complete the relevant verification or withdrawal process where no suitable alternative verification method is available or where the processing is legally required. Where KYC verification, fraud checks or withdrawal decisions involve automated processing that produces legal effects concerning you or similarly significantly affects you, you will have the rights set out in the Triumph Privacy Policy and applicable data protection laws, including, where applicable, the right to request human intervention, express your point of view and contest the decision. Your rights in relation to such data, including rights of access, erasure and restriction, are described in our Privacy Policy. Nothing in this section limits any statutory rights that you may have under applicable data protection laws. (b) You must not be banned from the platform and must not have violated any of the terms of this Agreement. You do not have a claim for any account balance without downloading and using the Triumph App in accordance with this Agreement. (c) You may only withdraw funds that you have entered into a Tournament or won in a Tournament. For example, if you contribute $10 to your Triumph Account, enter a Tournament for $5, and win $5 and receive your initial $5 entrance fee returned, you may withdraw only the $10 (the $5 paid to enter and the $5 won), the $5 that was not entered into a Tournament or won in a Tournament may not be withdrawn until after it has been used for entering into a Tournament. (d) Unless approved by Triumph you may not withdraw more than $250 in eligible funds during any single period of seven (7) consecutive days. (e) The Platform’s default automated withdrawal solution requires that each user receive a payout on the user’s debit card or their bank account. If you do not have a bank account or debit card, you may call us at a user support number posted through the Platform and we will attempt to facilitate a manual payout, on a case-by-case basis and in our discretion. (f) All withdrawal transactions must be at least $5 or greater, and will process within two weeks of the request. (g) If you are withdrawing more than $600 in any calendar year Triumph may require that you provide certain tax information by completing forms prior to such withdrawal. (h) You are solely responsible for reporting and paying any applicable taxes on any prizes, whether or not withdrawn from your Triumph Account. (i) All withdrawals are final and cannot be reversed by Triumph. YOU BEAR THE ENTIRE RISK OF ENTERING THE CORRECT BANK ACCOUNT, DEBIT CARD, OR OTHER ACCOUNT INFORMATION INCIDENT TO A WITHDRAWAL; TRIUMPH SHALL HAVE NO RESPONSIBILITY FOR YOUR ENTRY OF INCORRECT DEBIT CARD INFORMATION. (j) You may only connect one account type to your account for the purposes of withdrawals, for example, you may only connect a single bank account, debit card, or PayPal account and withdraw into it. Use of multiple accounts is grounds for the termination of your account. After a review and withdrawal request meets the above requirements Triumph will approve the conversion of the maximum amount of non-bonus cash contained in your account into a withdrawable equivalent and process the transmission of such amount in accordance with your instructions. ### 6.4 Refund Policy. 6.4.1 In-Platform Tournament Transactions All Tournament entries are final and binding. Triumph will only refund Tournament entries in the event of an error by Triumph or its software, in the event that no match occurs for a significant period of time, or if cheating is discovered, or if applicable law or other legal obligations requires making a refund, as determined by Triumph in its sole discretion. Triumph may review and modify the fees charged and payments made in any transaction, and reimburse such amounts in its sole discretion, based on any complaint or report of special circumstances concerning a transaction. 6.4.2 Prepaid Game Credit Refunds Except as required by law or other legal obligations Triumph will only refund transactions where you purchase prepaid game credits in the following circumstances: (a) If the user provides evidence that the transaction was fraudulent; (b) If the transaction was the result of an error, for example, in the case of a doubled transaction, but only to the extent that the prepaid game credits related to such additional transactions were not used; \ \ (c) At Triumph's sole discretion if the user is no longer able to access Eligible Locations. \ \ All refund requests must be made within thirty (30) days of the date of transaction. Triumph will review the requests and provide a response within three (3) business days. The sole mechanisms available for any refunds are the addition of prepaid game credits to your Triumph account or a reversal or payment through the payment means used to initiate such disputed transaction. ### 6.5 Promotions. 6.5.1 Bonus Cash and Promotions Triumph may make promotional offers with different features and different rates for products and services offered through the Platform. These promotional offers, unless made to you directly, shall have no bearing whatsoever on your access to and use of the Platform. All promotional offers are settled in "Bonus Cash" or "Promo Cash," and all deposit match promotions are settled exclusively in Promo Cash or Bonus Cash (and not in withdrawable funds). Bonus Cash will have the following features: (i) it is for prepaid game entries only and may only be used for such; (ii) it may not be withdrawn or transferred; (iii) upon a withdrawal of any funds from a users account any unused "Bonus Cash" will be forfeited. Promo Cash will have the following features: (i) it may require a certain amount and/or a specific type of in-app activity in order to unlock (for example, "deposit of $10 and get $10 of Promo Cash" or "play $10, unlock $10 in Promo Cash"); (ii) it will convert from Promo Cash to withdrawable prepaid tournament entry credits at a certain rate based on tournament entries; (iii) Triumph reserves the right to implement an expiration after which any Promo Cash that has not converted to withdrawable tournament entry credits may be lost; and (iv) it may not be withdrawn. As set forth below, until Bonus Cash or Promo Cash is used or converted into withdrawable prepaid tournament entry credits, Triumph may terminate any outstanding Bonus Cash or Promo Cash, including amounts issued under a deposit match promotion, without notice. The specific Promo Cash features and requirements to convert Promo Cash to prepaid tournament entry credits will be disclosed at the time that they are made available in the application prior to any purchase of prepaid game credits, deposit, or other action that triggers an offer of Promo Cash. Until such time as either Bonus Cash or Promo Cash is used or is converted into withdrawable prepaid tournament entry credits Triumph may terminate its Bonus Cash or Promo Cash program without notice, you specifically agree that you have no right to the maintenance of such features and no property or other right exists with respect to Promo Cash or Bonus Cash. Triumph, may also, in its sole discretion convert Bonus Cash to Promo Cash upon notice of such change to you, which may be made in the application through the use of a Promo Cash tracker. In the event that a legal right to Promo Cash or Bonus Cash is found to exist or is required to be provided by applicable law you agree that the value of $1 of Promo Cash or $1 of Bonus Cash is equal to $0.01 in withdrawable prepaid tournament entry credits, and at the termination of such features Triumph may credit your account - where applicable - with the amount of withdrawable prepaid tournament entry credits obtained from such conversion. All promotions, including without limitation any deposit match promotion, may be modified, suspended, or canceled by Triumph at any time in its sole discretion. This includes deposit match promotions offered over an extended time frame or covering multiple deposits. Upon cancellation, Triumph will honor any match amounts credited with respect to deposits completed prior to the effective time of cancellation, but no further match amounts will accrue or be credited thereafter. Any exclusion of a user from the Platform for health and safety reasons (whether initiated by Triumph \[including under Section 2.9] or by the user \[including any self-initiated suspension or self-exclusion]) will be deemed a termination of each then-active promotion as to such user for the period of exclusion, and no promotional amounts will accrue or be credited during that period. Any Promo Cash or Bonus Cash issued in connection with any promotion remains at all times subject to this Section 6.5.1, including Triumph's right to terminate outstanding Promo Cash and Bonus Cash prior to use or conversion. PLEASE BE AWARE, PROMO CASH AND BONUS CASH WILL BE SHOWN IN AN AGGREGATED BALANCE WITH YOUR TOTAL PREPAID TOURNAMENT ENTRY CREDITS. TO DETERMINE THE AMOUNT OF BONUS CASH YOU MAY USE THE WITHDRAW FEATURE WHERE THE DIFFERENCE BETWEEN THE WITHDRAWABLE BALANCE AND THE TOTAL PREPAID TOURNAMENT ENTRY CREDIT BALANCE IS THE AMOUNT OF CURRENT BONUS CASH. FOR PROMO CASH YOU MAY VIEW THE PROMO CASH TRACKER IN THE APPLICATION AT ANY TIME FOR OUTSTANDING PROMO CASH AWARDS CREDITED TO YOUR ACCOUNT. 6.5.2 Gems or Other Game Credits Triumph may provide "gems" or other digital items such as deposit or entry bonuses (together "In-Platform Items") that may be exchanged or used in game play in Tournaments or in other platform actions, including Tournaments with no cash prizes. You agree that In-Platform Items have no value and that Triumph may terminate all games with In-Platform Items, cease using such In-Platform Items, or delete and remove In-Platform Items at any time without notice. Regardless of any terminology used in connection with the Platform, you do not own any of the In-Platform Items or acquire any rights therein other than as expressly set forth herein; rather, you have been granted a limited, personal, revocable, non-transferable, non-sublicenseable license to use the In-Platform Items within the Platform. Any limited license for In-Platform Items is final and is not refundable, exchangeable, or transferable, except in Triumph’s sole discretion or as otherwise provided in this Agreement. THE IN-PLATFORM ITEMS HAVE NO ECONOMIC OR MONETARY VALUE. YOU MAY NOT PURCHASE, SELL, OR EXCHANGE IN-PLATFORM ITEMS OUTSIDE THE WEBSITE. Any purported transfer of In-Platform Items shall be void. Doing so is a violation of these Terms of Use and may result in termination of your Triumph Account and/or legal action. If you violate these Terms of Use or if for any other reason your account is terminated or disabled, your license to the In-Platform Items shall be immediately terminated, without any compensation or reimbursement to you. The In-Platform Items offered shall be at the discretion of Triumph and Triumph reserves the right to change, reduce and/or increase the offer of In-Platform Items, and to adjust the methods of acquisition of In-Platform Items at any time without giving a reason. Triumph retains the right to modify, manage, control and/or eliminate your limited license with respect to In-Platform Items at its sole discretion. The In-Platform items may be presented as a wheel or other mechanism, such presentation is for entertainment purposes only and has no bearing on the receipt outcome of such In-Platform Items, which are determined solely based on the Triumph's assessment of each user. ### 6.6 Stored Payment Terms. The Triumph Platform may provide the means to store payment information, including but not limited to bank account numbers, credit card or debit card numbers, or account credentials linking one or more account to your Triumph Platform account (the "Payment Data"). 6.6.1 Agreement to Store Account Data By manually entering and clicking the box authorizing Triumph to store your Payment Data you authorize Triumph to store such Payment Data and certify that you are the owner of the account associated with the Payment Data and authorize such accounts to be charged by Triumph upon your approval, in accordance with this Agreement, the Triumph Privacy Policy, applicable payment provider terms and applicable law. All stored Payment Data will be stored locally on your mobile device accessible through the Triumph App and may be removed from the Triumph App at any time by you. Triumph will not store your Payment Data outside of your device but may transmit it as necessary to complete any transactions with the Triumph Platform; unless expressly stated and permitted by applicable law and payment security requirements. Triumph may receive and process payment tokens, payment identifiers, transaction confirmations, chargeback information and other limited payment-related information necessary to operate the Platform, prevent fraud, resolve disputes and comply with legal obligations. To revoke your consent to the storage of your Payment Data you can: (i) remove the account data from storage within the Triumph App; or (ii) delete the Triumph App, all subject to any retention required for legal, accounting, fraud prevention, dispute resolution or regulatory purposes. 6.6.2 Use of Account Data The stored Payment Data may be used by you in accordance with this Agreement to: (a) Initiate the purchase of pre-paid game credits, by selecting and authorizing the purchase amount in the Triumph App; (b) Initiate withdrawals from your account to an account associated with your stored Payment Data. 6.6.3 Limitations of Use by Triumph Triumph will not do the following with any stored Payment Data: \ (a) Initiate transactions without your consent; (b) Provide for scheduled transactions, all transactions must be initiated by you. ### 6.7 Transaction Receipts. Users should store all transactions records and a copy of the Triumph policies and rules, including a copy of this Agreement and the [Privacy Policy](/). ### 6.8 Balance Transfer to Other Triumph Applications Triumph has entered into agreements with other applications to allow the transfer of a user's balance, including balances held in tournament entry credits and potentially withdrawable cash, to such additional applications. In the event that you transfer any balances to another application you agree to the Terms of Use of the application to which you authorize such transfer. The currently available applications and the associated Terms of Use are: "Rips by Triumph" [Terms of Use](/terms-of-use-rips-by-triumph) You specifically acknowledge that any balance transfer will be treated as an inbound purchase transaction and all rules applicable to such transfer, including the purchase-through or play-through requirements will be imposed. Further, separate applications may impose different transaction maximums or fees on transactions as outlined in any applicable Terms of Use. ## 7. ANTI-MONEY LAUNDERING. Users are explicitly prohibited from intentionally losing a Tournament for any reason, including, but not limited to, in connection with an attempt to transfer money to another user. Any use of Triumph’s platform other than to compete in good faith in a real-money contest in a skill-based game is strictly prohibited. Triumph may monitor account activity, gameplay, transaction patterns, payment methods, device data, location data and other relevant information to detect, prevent and investigate suspected money laundering, sanctions breaches, fraud or misuse of the Platform, as described in the Triumph Privacy Policy. Where Triumph determines, in its sole discretion, that a user has violated these terms: (a) Triumph may suspend and/or terminate the user’s Triumph Account; (b) Triumph may temporarily or permanently ban the user from the Platform, including through the user’s existing Triumph Account or any new Triumph Account; (c) Triumph may take any other action, including but not limited to legal action; and (d) the user is subject to forfeiture of the entire balance of funds in the user’s Triumph Account. ## 8. CHEATING POLICY. ### 8.1 Prohibited Conduct. Triumph may monitor gameplay, scores, account activity, transaction activity, device data, location data, technical signals and other relevant information to detect, prevent and investigate cheating, bots, artificial intelligence tools, collusion, VPN use, device manipulation, fraudulent transactions, account misuse and other conduct that may affect the integrity, fairness or security of the Platform, as described in the Triumph Privacy Policy. Cheating in any Game or Tournament is strictly prohibited. The following is a non-exhaustive list of prohibited conduct that Triumph considers to be cheating: (a) utilizing a virtual private network (VPN); (b) utilizing software except for the Triumph Platform and game software, bots or artificial intelligence (AI), neural net, or machine learning agents; (c) utilizing simulators in or with device farms; (d) colluding with other users or bots; (e) manipulating or misrepresenting one’s own skill or perceived skill when entering or seeking to enter any Game or Tournament; (f) submitting scores off-device (i.e., from a device other than the device used to participate in the Tournament) or otherwise through unauthorized, deceptive, or dishonest means; (g) not providing or maintaining accurate information within a Triumph Account (including using fake phone numbers); (h) opening or operating more than one Triumph Account; (i) conducting or attempting to conduct fraudulent financial transactions through the Platform (including fraudulent payment card charge-backs and other transactions); (j) exploiting an error in a Game that is not in the spirit of the Game or in good faith; (k) any other activity, act, or omission which is intended to facilitate an unfair advantage for any user, as determined by Triumph in its discretion. (l) using a jailbroken device or any device with software not intended to run on the device which the platform is running on. (m) using unfair gameplay exploits (bugs in a Game itself) to submit higher scores than the user would otherwise be able to obtain. (n) using phone numbers for account creation or referral that are not issued by a cell phone provider and linked to a single device or subscriber identity module (SIM) card. ### 8.2 Consequences. Where Triumph determines, in its sole discretion, that a user has engaged in any prohibited conduct: (a) Triumph may disqualify a user or equitably adjust or invalidate a user’s score or prize; (b) Triumph may suspend and/or terminate the user’s Triumph Account; (c) Triumph may temporarily or permanently ban the user from the Platform, including through the user’s existing Triumph Account or any new Triumph Account; (d) Triumph may take any further action, including but not limited to legal action; and/or (e) the user is subject to forfeiture of the entire balance of funds (both withdrawable cash, Bonus Cash, and pre-paid game credits) in the user’s Triumph Account. We may only permanently confiscate funds to the extent reasonably necessary to (i) reverse or prevent the benefit of cheating, fraud or other serious breach of this Agreement, (ii) comply with our legal or regulatory obligations (including anti-money laundering and sanctions obligations), or (iii) compensate Triumph or other users for losses directly caused by your breach. Otherwise, we may freeze funds while we investigate but must return any remaining lawful funds to you where we are legally permitted to do so. ## 9. INDEMNITY. You agree to indemnify and hold Triumph and its affiliates, and its and their directors, officers, members, principals, owners, employees, agents, representatives, contractors, successors, and assigns, harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Platform; (ii) your User Data; (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Triumph reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Triumph. Triumph will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. ## 10. DISCLAIMERS YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT FOR THOSE WARRANTIES MADE AND EXPRESSLY IDENTIFIED AS WARRANTIES BY TRIUMPH, TRIUMPH DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE PLATFORM; (B) ANY PRODUCTS AND SERVICES OFFERED OR MADE AVAILABLE THROUGH THE PLATFORM; (C) THE ACTS OR OMISSIONS OF USERS THROUGH THE PLATFORM; (D) THIRD- PARTY SERVICES ON WHICH THE PLATFORM DEPENDS OR WITH WHICH THE PLATFORM INTEROPERATES; AND (E) ANY TRANSACTIONS INITIATED OR PROCESSED BY YOU ON OR THROUGH SUCH THIRD-PARTY SERVICES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. TRIUMPH MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED OR MADE AVAILABLE THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. TRIUMPH ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN SUCH JURISDICTIONS AND ONLY TO THE EXTENT DISALLOWED THIS DISCLAIMER WILL NOT APPLY. ## 11. LIMITATION OF LIABILITY AND RELEASE. ### 11.1 Limitation of Liability To the maximum extent permitted by applicable law and notwithstanding any other provision of this Agreement, in no event shall Triumph or any of its affiliates or suppliers (including any of its or their partners, officers, directors, members, managers, owners, principals, employees, agents, contractors, successors, or assignees) be liable to you for any indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), or for any damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or use of products, lost profits, revenue or savings (actual or anticipated), or other economic loss ensuing from or in connection with (a) the platform; (b) any products and services offered or made available through the platform; (C) any acts or omissions of users of the platform; (D) third party services which the platform uses or interoperates with; or (e) any transactions initiated or processed by you on or through such third-party services, even if Triumph or any of its affiliates or suppliers has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, gross negligence, or, where applicable, death or personal injury caused by our negligence. If you are a consumer resident in the European Economic Area or the United Kingdom, your statutory rights are not affected by this clause. Nothing in this Agreement limits any statutory rights, remedies or claims that cannot be waived or limited under applicable law, including any non-waivable rights that you may have under applicable consumer protection or data protection laws. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRIUMPH AND ITS AFFILIATES AND SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PRINCIPALS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNEES) TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE TO TRIUMPH BY YOU UNDER THIS AGREEMENT, AND (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), AND EVEN IF TRIUMPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. ### 11.2 Waiver of Claims. EACH TIME YOU ACCESS THE PLATFORM, EXCEPT WITH RESPECT TO ACCESS AND USE OF THE TRIUMPH APP, YOU EXPRESSLY RELEASE ANY AND ALL CLAIMS YOU HAVE AGAINST TRIUMPH SUCH RELEASE INCLUDES A WAIVER UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA WHICH READS AS FOLLOWS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” IN ADDITION, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM OR AGAINST TRIUMPH FOR ANY OTHER REASON MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. ## 12. TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the Platform. We may (a) suspend your rights to use the Platform (including your Triumph Account), (b) terminate this Agreement, and/or (c) ban you from the Platform at any time and for any reason whatsoever, at our sole and complete discretion. We will exercise these rights in a proportionate manner and, where you are a consumer resident in the European Union or the United Kingdom, only where we have a valid reason (for example, serious breach of this Agreement, fraud, anti-money laundering concerns, or where required by law or by a regulator). Upon termination of this Agreement, your Triumph Account and right to access and use the Platform will terminate immediately. You understand that any termination of your Triumph Account may involve deletion of some or all of your User Data from the Platform or our databases, except to the extent such liability cannot be excluded under applicable law. Triumph will handle any personal data associated with your account in accordance with the Triumph Privacy Policy and applicable data protection laws. Some personal data may be retained after termination where necessary to comply with legal, tax, accounting, anti-money laundering, sanctions, fraud prevention, security, audit, dispute resolution or regulatory obligations, or for the establishment, exercise or defence of legal claims.. Triumph will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Triumph Account or deletion of your User Data. Sections 3.4, 4.4, 4.5, and 5 - 12 of this Agreement will survive termination. If Triumph bans you from the Platform, then, except where your balance is forfeited under this Agreement (including, without limitation, Section 2.2) or where withholding is required by applicable law, court order, or Triumph's anti-money laundering, sanctions, or fraud-prevention obligations, Triumph will return any outstanding withdrawable balance in your Triumph Account. In connection with such return, any items in your inventory that are convertible under this Agreement will be converted into withdrawable balance at the rates set forth in this Agreement or otherwise determined by Triumph in its reasonable discretion. Because your access to the Platform will have been terminated, payment of such amounts may be made outside of the Platform, and will be made only after you (a) confirm your identity to Triumph's satisfaction pursuant to Section 2.2 and (b) provide accurate banking or other payment information acceptable to Triumph. Triumph shall have no liability for amounts unclaimed, or for delays caused by your failure to complete identity verification or provide accurate payment information, and unclaimed amounts may be handled in accordance with applicable unclaimed property laws. ## 13. COPYRIGHT POLICY. Triumph seeks to respect the intellectual property of others and requires that users of our Platform do the same. In connection with our Platform, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that any portion or content of our Platform unlawfully infringes the copyright(s) in a work and you wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to us by email to . (a) Your physical or electronic signature; (b) Description of the copyrighted work(s) that you claim has been infringed; (c) Description of the material on our services that you claim is infringing and that you request us to remove; (d) Sufficient information to permit us to locate such material; Your address, telephone number, and e-mail address; (e) A statement that you have a good-faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that any misrepresentation of material fact (falsity) in a written notification may subject the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. ## 14. DISPUTE RESOLUTION ### Please read this Section 14 carefully. It requires you to arbitrate disputes with Triumph on an individual basis and limits the manner in which you can seek relief. ### 14.1 Choice of Law. This Agreement, and any dispute arising out of or relating to it or the Platform, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions, except as set out below for EEA/UK consumers, except that the Federal Arbitration Act (9 U.S.C. §§ 1–16) ("FAA") shall govern the interpretation and enforcement of Section 14 of these Terms of Use and any question of whether a dispute is subject to arbitration. To the extent there is any conflict between the FAA and California law with respect to arbitrability or the enforcement of the agreement to arbitrate, the FAA shall control. If you are a consumer who is habitually resident in the European Economic Area or the United Kingdom, nothing in this Section 14.1 limits your rights under the mandatory consumer protection laws of your country of residence. In that case, you may bring proceedings in the courts of your country of residence, and any mandatory arbitration provision in Section 14 (including application of the FAA to questions of arbitrability) shall apply only to the extent permitted by applicable law. If you are covered by EU data protection laws, nothing in this Agreement shall limit any statutory rights you may have under the GDPR, the LOPDGDD or other applicable data protection laws. ### 14.2 Informal Dispute Resolution. Before initiating any arbitration or court proceeding, you and Triumph agree to first attempt to resolve any dispute informally for a period of sixty (60) days. To begin the informal resolution process, a party must send the other party a written Notice of Dispute (“Notice”) by certified mail or, if to Triumph, by emailing us at with a copy sent by certified mail to our address identified in this Agreement below (“Notice Address”). The Notice must include: (a) the claimant's name and contact information; (b) a description of the nature and basis of the dispute; (c) the specific relief sought, including the amount of any monetary claim; and (d) any supporting documentation. The parties agree to negotiate in good faith during this sixty (60) day period. If such efforts prove unsuccessful within sixty (60) days after the Notice is received, either party may proceed to arbitration or Small Claims Court as set forth below. ### 14.3 Arbitration Agreement. Except as otherwise stated in this agreement below, disputes, claims, and controversies between you and Triumph arising out of, relating to, or in connection with the Platform, any real-money tournaments, the relationship between you and Triumph, and any interpretation or application of these Terms of Use or this arbitration provision shall be resolved exclusively through final and binding individual arbitration, rather than in court, and administered by the American Arbitration Association (“AAA”) under its then-current consumer arbitration rules. Unless otherwise agreed by the parties, required by the AAA Rules, or conducted remotely pursuant to the aforementioned rules, the place of arbitration shall be San Francisco, California. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. The arbitration shall be conducted by a single arbitrator with experience in consumer and/or technology disputes. The arbitrator shall apply California substantive law consistent with the FAA, shall follow applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of competent jurisdiction, including injunctive or declaratory relief, but only to the extent necessary to provide relief warranted by the individual claim. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. This arbitration agreement is subject to the Federal Arbitration Act and evidences a transaction involving interstate commerce. The arbitrator’s award may be entered in any court of competent jurisdiction. If the AAA is unable or unwilling to administer the arbitration, the parties agree that JAMS shall administer the arbitration under its applicable consumer rules. If neither the AAA nor JAMS is available, the parties shall agree on an alternative arbitration forum, or a court of competent jurisdiction shall appoint an arbitrator. For claims of $25,000 or less, you may elect for the arbitration to be conducted: (i) in the county where you reside; (ii) in San Francisco County; or (iii) entirely by telephone or videoconference; or (iv) based solely on written submissions (documents-only arbitration). To file for arbitration, you must pay AAA’s $225 filing fee. If you cannot afford the fee, you may apply to AAA for a fee waiver. Triumph shall pay all other fees related to the arbitration, including administration fees, arbitrator fees, and other costs for any arbitration initiated in accordance with this Section 14. If applicable law requires Triumph to pay a greater share of such fees and costs, Triumph shall do so. Each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable attorneys' fees and costs to the prevailing party, or unless applicable law otherwise requires the award of attorneys' fees. Nothing in this Section 14.3 limits any statutory rights to recover costs or fees that cannot be waived under applicable law. Notwithstanding any provision in this Agreement to the contrary, if Triumph makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) for which you had already provided notice to Triumph. Information on AAA and how to start arbitration can be found at [www.adr.org](http://www.adr.org). ### 14.4 Class Action and Jury Trial Waiver; Severability of Waivers. YOU AND TRIUMPH AGREE THAT EACH 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. ANY ARBITRATION UNDER THIS SECTION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of class, consolidated, or representative proceeding. YOU AND TRIUMPH EACH WAIVE THE RIGHT TO A JURY OR BENCH TRIAL IN COURT. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable, except that either party may ask a court to determine the validity of the class action waiver in this Section, but only to the extent such right may not be waived under applicable laws. If the class action waiver in this Section is found to be invalid or unenforceable as to a particular claim, request for relief, or controversy, neither you nor we will be entitled to arbitration as to that claim, request for relief, or controversy, and that claim or request for relief shall be severed and may proceed in a court of competent jurisdiction pursuant to Section 14.7. The remaining claims, requests for relief, and controversies shall continue in individual arbitration. The invalidity of the class action waiver as to any particular claim shall not invalidate the agreement to arbitrate or the class action waiver as to any other claim. ### 14.5 Exceptions to Arbitration. Per AAA rules, either party may bring an individual action in small claims court if the claim falls within that court’s jurisdictional limits. Prior to initiating any dispute in Small Claims Court, Section 14.2 of these Terms of Use still applies. The party initiating such dispute will provide a Notice to the other party of the potential claim and their ability to select between arbitration pursuant to paragraph 14.3, above, or Small Claims process identified in this section. The informal dispute resolution process will proceed as described in Section 14.2 of these Terms of Use. For clarity, if a claim has been filed with the AAA and a party elects to proceed in small claims court, the AAA Rules shall govern the process for transferring or closing the arbitration case. The informal dispute resolution process in Section 14.2 must be completed before initiating any proceeding under this Section. These Terms of Use do not preclude either party from seeking emergency injunctive relief in a court of competent jurisdiction pending arbitration or from exercising any rights that cannot be waived as a matter of applicable law, including the right to submit claims to any governmental or regulatory body with jurisdiction. ### 14.6 Confidentiality. The parties agree that 1) the arbitration proceeding; 2) any ruling, decision, or award by the arbitrator; and 3) all materials, testimony, and evidence submitted therein; shall be kept confidential, except that either party may disclose information as necessary: (a) to prepare for or conduct the arbitration; (b) in connection with a court application for emergency or provisional relief or to confirm or enforce the arbitration award; (c) as required by applicable law, regulation, or order of a court or governmental body; (d) as required by any applicable gaming or regulatory authority; or (e) as reasonably necessary to enforce or protect a party's legal rights. ### 14.7 Forum Selection. If any dispute is determined by a court of competent jurisdiction or by the arbitration administrator to be ineligible for arbitration, or if arbitration of a Dispute is otherwise unavailable or unenforceable, you and Triumph agree that any such Dispute shall be filed exclusively in the state or federal courts located in San Francisco County, California, and each party consents to the personal jurisdiction and exclusive venue of such courts. You and Triumph each waive any objection to jurisdiction or venue in such courts, including any objection based on inconvenient forum. ### 14.8 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this, Section 14, other than a change to the Notice Address, while you are a user of the Platform, you may reject any such change by sending Triumph written notice within thirty (30) calendar days of the change to and the Notice Address. Your notice must include your name, the email address associated with your account, and a statement that you reject the change to Section 14. By rejecting any future change, you are agreeing that you will arbitrate any dispute between yourself and Triumph in accordance with the version of Section 14 in effect immediately prior to the change. Rejection of a change to Section 14 does not terminate your account or your right to use the Platform. ### 14.9 Severability and Survival. If any provision of this Section 14 is found to be unenforceable, the remaining provisions shall remain in full force and effect. Without limiting the foregoing, if any portion of Section 14 is found to be unenforceable, the parties agree that the remaining portions of Section 14 shall continue to apply, and the unenforceable portion shall be construed to the maximum extent permitted by applicable law. This Section 14 shall survive termination of this Agreement and your use of the Platform. ## 15. CONSENT TO RECEIVE NOTICES ELECTRONICALLY. You consent to receive electronically any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which this Agreement refers including, without limitation, by e-mail, posting information and materials online at the Website, or other electronic communication technology that may hereafter be adopted or developed. You agree that all Notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed under the Privacy Policy. ## 16. GENERAL. ### 16.1 Availability. Triumph will use reasonable efforts to keep the Platform operational. However, certain technical difficulties, routine maintenance/upgrades and other events outside the control of Triumph may, from time to time, result in temporary interruptions to the Platform. In addition, Triumph reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website or Services or the entirety of the Platform, with or without notice. ### 16.2 No Support or Maintenance. You acknowledge and agree that Triumph will have no obligation to provide you with any support or maintenance in connection with the Platform. ### 16.3 Changes to Terms of Use. You agree that Triumph may modify this Agreement at any time in our sole discretion and without prior notices by adding new terms or by deleting or amending existing terms, except that we will notify you of any material changes to the Terms of Use, including, but not limited to, changes to the dispute resolution, governing law and jurisdiction provisions set forth herein (“Material Changes”). Such modifications will be effective as of the date that the updated terms are posted on Triumph’s website or through the Platform (“Effective Date”), however Material Changes will not apply to any disputes that arise prior to the date that you have actual notice of such Material Changes. Your continued access to and use of the Platform after the Effective Date (except for the withdrawal of any funds in your account) constitutes your acknowledgment of such modifications and your agreement to abide, and be bound, by the Agreement as modified. To the extent you have provided us with a valid, working email address we will notify you of Material Changes via email. If you do not accept such modification(s), then you must stop using the Platform. ### 16.4 Access and Use Where Prohibited. Access to and use of the Platform are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement. ### 16.5 Access and Use from Eligible Locations. Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the Platform are solely directed to individuals located in the Eligible Locations. Triumph reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Platform is void where prohibited. ### 16.6 Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Triumph of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Triumph. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Triumph’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. In the event Triumph’s performance of this Agreement, or any obligation hereunder, is prevented, restricted, or interfered with by reason of acts of God or of the public enemy, acts of the Government in its sovereign capacity, fires, floods, epidemic, pandemic, public health emergency, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the reasonable control and without the fault or negligence of Triumph, Triumph shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference. If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid. ## 17. ADDRESS FOR NOTICES & CONTACT INFORMATION. Triumph Labs, Inc. ATTN: Legal 1265 Battery Street, 4th Floor, San Francisco CA 94111 With a required copy to: . Triumph support may be reached at: # Terms of Use: "Rips by Triumph" Rips by Triumph Updated at: June 30, 2026 Triumph TCG, LLC dba "Rips by Triumph" ("Triumph") operates the Triumph website (“Website”) located at [www.triumpharcade.com/rips](http://www.triumpharcade.com/rips), the mobile application "Rips by Triumph" ( the “App”), and all services provided through the Website and App, namely the buying, selling, storage, and shipping of collectible items and other goods (collectively, the “Services”). Together the Website and App form the Triumph platform (“Platform”). Certain features of the Platform may be subject to additional guidelines, terms, or rules (collectively, “Additional Terms”), which will be posted on the Website or on marketing materials, or made available through the Platform in connection with such features. References to “you” and “your” refer to you, a user of the Platform. Triumph publishes other applications, and the Terms of Use specific to such other applications apply to your use of those applications. THESE TERMS OF USE AND ALL APPLICABLE ADDITIONAL TERMS FORM THE FULL LEGALLY BINDING AGREEMENT BETWEEN TRIUMPH AND YOU REGARDING YOUR ACCESS TO AND USE OF THE PLATFORM (COLLECTIVELY, “AGREEMENT”). BY ACCESSING OR USING THE PLATFORM, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE PLATFORM OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE PLATFORM. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TRIUMPH ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. YOU AGREE THAT YOU HAVE REVIEWED OUR [RESPONSIBLE PURCHASING POLICY](/responsible-purchasing-policy) AND WILL TAKE ACTION TO LIMIT YOUR PURCHASING AND TO OTHERWISE SEEK ASSISTANCE IF YOU ARE UNABLE TO USE THIS APPLICATION RESPONSIBLY. ## 1. PRIVACY. In the course of using the Platform, you may submit User Data (as defined below), including personal information, to Triumph. Triumph’s [Privacy Policy](/) details how we treat your User Data. We agree to abide by the Triumph [Privacy Policy](/) and you agree that Triumph may use and share your User Data in accordance with the Triumph [Privacy Policy](/) and applicable data privacy and protection laws. ## 2. ACCOUNTS. 2.1 Account Eligibility and Creation. In order to use the Platform, you must register for an account with Triumph (a “Triumph Account”) and provide certain information about yourself as prompted by the registration form. A user may only have and maintain one (1) Triumph Account. ANY ATTEMPT TO CREATE MORE THAN ONE ACCOUNT IS A BASIS FOR IMMEDIATE TERMINATION OF ALL ACCOUNTS AND THE FORFEITURE OF ALL **BALANCES** AND PHYSICAL INVENTORY ASSOCIATED WITH SUCH ACCOUNTS. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information at all times; and (iii) you meet the following account eligibility criteria: (a) you are at least eighteen (18) years old; (b) all payment methods used by you are associated with an account you own — it is a violation of this agreement to use a payment method not issued to you; (c) you have not been banned by Triumph, or its affiliate Triumph Labs, Inc., for any reason; (d) you have a personal mobile telephone number issued by a telecommunications provider in your country of residence which must be in an Eligible Location; (e) you have a valid government issued identification; and (f) your account is held by a natural person and not for the benefit of any company or entity. ### 2.2 Verification of Account Information. Triumph reserves the right to verify the eligibility of any user at any time, during or after account creation, including by asking the user to provide identification or verify the user’s age and/or physical location, including the uploading of a government issued identification card and a "live" recording that matches such identification. If you do not provide accurate eligibility information, or if Triumph cannot reasonably verify your eligibility information as accurate, Triumph may suspend or terminate your Triumph Account and you agree that you forfeit any balance associated with your Triumph Account, if any. Triumph may suspend or terminate your Triumph Account as provided in this Agreement, regardless of whether you meet the eligibility criteria provided herein. For identity know your customer verification ("KYC Verification") purposes Triumph uses Footprint and by agreeing to these Terms of Use you agree to the Footprint Terms of Services which may be accessed at . In order to pass KYC Verification a user will be required to submit a liveness image, a government issued identity card, email address, name, and other data as may be required. ### 2.3 Eligible Locations, Compliance With Laws. Triumph may restrict the Services to locations in which Triumph believes it is allowed to provide the Services. Notwithstanding the foregoing, you agree that you are responsible for knowing and understanding the law applicable to you and you agree that you will not use the Triumph Services in any location in which any aspect of the Services are not allowed. Additionally, if there exists a limit on purchases in any jurisdiction in which you access the Services you agree that you will not exceed the amount that would result in a claim against Triumph or any other user of the Triumph Platform. “Eligible Location(s)” means a location from which access to and/or use of the Platform or the Services is permitted. You may access and use the Platform from other locations, but you must be in an Eligible Location to deposit or withdraw funds or to participate in the Services. Use of and/or access to the Platform to participate in the Services from any location that is not an Eligible Location is strictly prohibited. The list of Eligible Locations for each Triumph entity (United States, European Economic Area, United Kingdom and any other region where we operate) is published and kept up to date on the Website and/or in the Triumph App. The Eligible Locations may be subject to change at any time at Triumph’s sole discretion for whatever reason, including to reflect changes in applicable law or our licensing position. In the event a location from which you are participating in the Services is no longer an Eligible Location, you will have the opportunity to withdraw your remaining balance and ship the cards in your Vault. ### 2.4 Account Deletion. You may delete your Triumph Account at any time, for any reason, through the app or by sending an email request to . Prior to deleting your account you are responsible for withdrawal of all funds in your account and shipments of all inventory in your account. You agree that any funds or collectibles held in your account at the time of a deletion request will be transferred to Triumph at the time of such request. You may also suspend your Triumph Account through a user-initiated account suspension on the application. This is not a permanent account deletion, and suspended Triumph Accounts may be reopened. ### 2.5 Account Responsibilities. Each user is responsible for maintaining the confidentiality of the user’s Triumph Account login information and each user shall be fully responsible for all activities that occur under the user’s Triumph Account. A Triumph App may be accessible from an unlocked phone, you agree to maintain control over your phone and employ safeguards to prevent unauthorized access to the Triumph App. You are responsible for maintaining access to the Triumph App within your sole control and any conduct by a third person on the Triumph App gained by using or accessing your phone is your responsibility and you agree that you are liable for transactions made by others who use your phone, unless applicable law does not allow the imposition of such responsibility. Even if your financial institution reverses charges incurred you will remain liable to Triumph for transactions made by you or others that access your phone with your permission or as the result of a failure to adequately protect your account. In order to prevent unauthorized use you should password protect your phone and log out of the Triumph App when you are finished with a session. You agree that you will immediately notify Triumph of any unauthorized use, or suspected unauthorized use, of your Triumph Account or any other breach of security. Each user account is to be used solely for access to the Platform by the assigned user. TRIUMPH ACCOUNTS ARE NOT TO BE USED OR SHARED BY MORE THAN ONE INDIVIDUAL; DOING SO SHALL BE A BASIS FOR IMMEDIATE TERMINATION OF THE APPLICABLE TRIUMPH ACCOUNT(S). ### 2.6 Authorization for Contact. Each user, by creating an account, authorizes Triumph to contact the user electronically by phone, email, text message, notification, or other electronic means in order to: (i) confirm information about the user; (ii) confirm information submitted by the user; (iii) resolve customer support issues; (iv) request information about the user’s use of the Platform; (v) provide account status information to the user; or (v) take any action in furtherance of this Agreement. This authorization will continue for the term of this Agreement. In order to terminate this Authorization the user must send a notice to and terminate all use of the Platform except for the Triumph App solely for the purposes of withdrawal or, alternatively, unsubscribe electronically by following the "stop" or "unsubscribe" information contained in any communication sent to the user. Triumph may send service, transactional, security, account, payment, withdrawal, legal and operational communications where necessary to operate the Platform, perform this Agreement, protect users, ensure security or comply with applicable law. Where consent is required, such as for marketing communications, Triumph will request it separately. You may withdraw consent or object to marketing communications at any time by using the unsubscribe mechanism included in the relevant communication, replying “STOP” to SMS where available, managing your communication preferences, or contacting Triumph through the channels set out in the Privacy Policy. ## 3. USE OF PLATFORM. ### 3.1 Limited License. Subject to the terms of this Agreement, Triumph grants you a limited, revocable, non- transferable, non-exclusive license to access and use the Platform for your own personal use in accordance with this Agreement. For the avoidance of doubt, your use of any software made available by Triumph in connection with your access to and use of the Platform shall be limited to use of the executable object code format only. Specifically, and without limitation, your access to, or attempt to access, any source code of the Platform, back-end systems or databases, or to manipulate the software or its communications in any way to cheat, or obtain other benefit, or for any other unauthorized purpose shall be a basis for immediate termination of your Triumph Account. ### 3.2 Acceptable Use and Restrictions. The rights granted to you in the Agreement are subject to the following rules for acceptable use and restrictions: (a) you shall not access or use the Platform for any purpose other than that for which Triumph makes the Platform available - namely the Services; (b) you shall not use the Platform in connection with any commercial endeavors except those that are specifically endorsed or approved by Triumph, including to advertise or offer to sell any goods or services on the Platform or to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; (c) except as expressly permitted by Triumph in advance in writing, you shall not license, sell, rent, lease, transfer, assign, distribute, or host the Platform to or for a third party; (d) you shall not trick, defraud, or mislead Triumph or other users, especially in any attempt to learn sensitive account information, such as user passwords; (e) you shall not attempt to impersonate another user or person or use the username of another user; (f) you shall not use any information obtained from the Platform in order to harass, abuse, or harm another person; (g) you shall not sell or otherwise transfer your Triumph Account; (h) you shall not make improper use of our support services or submit false reports of abuse or misconduct; (i) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Platform; (j) you shall not circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform or the content contained therein, nor attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform; (k) you shall only use payment methods for which you are the account holder; (l) you shall not disparage, tarnish, or otherwise harm Triumph or the Platform, as determined by Triumph in its discretion; (m) except as expressly stated herein or otherwise permitted by Triumph in advance in writing, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means (including by, e.g., scraping, mirroring, framing, embedding, or linking); (n) you shall not systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Triumph, nor shall you upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (o) except as may be the result of standard search engine or Internet browser usage, you shall not engage in any automated use of the Platform, such as using accounts created by automated means, using scripts to send comments or messages, using any buying or purchasing agent to make purchases from or through the Platform, or using any data mining, robots, or similar data gathering and extraction tools; (p) you shall not interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform; (q) you shall not upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform, nor use the Platform in any manner that interferes with another user’s uninterrupted use and enjoyment of the Platform (such as, e.g., excessive use of capital letters, spamming, the continuous posting of repetitive text, or other abusive, harassing, or obnoxious behavior, as determined by Triumph in its discretion); (r) you shall not harass, annoy, intimidate, or threaten any Triumph employee, agents, or service provider engaged in providing any portion of the Platform to you; (s) your use of the Platform shall at all times comply with all applicable laws and regulations and all applicable terms and conditions of any Third-Party Services (as defined below) upon which use of our Platform depends (as addressed further below); and (t) all copyright and other proprietary notices included within the Platform and on content made available through the Platform must be retained and not modified or obscured; (u) you shall not violate any agreement with Triumph Labs, Inc. or any of its subsidiaries, including the Triumph: Play for Cash [Terms of Use](https://docs.triumpharcade.com/terms-of-use-triumph-play-for-cash). ### 3.3 Modification. Triumph reserves the right, at any time, to modify, suspend, or discontinue the Platform, including the Website or Services, or any part thereof, with or without notice. You agree that Triumph will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform, or any part thereof. Any future release, update, or other addition to functionality of the Platform shall be subject to the terms of this Agreement. ### 3.4 Ownership. Excluding User Data (as defined below), you acknowledge that all intellectual property rights in and to: (a) the Platform; (b) all names, logos and trademarks used with the Platform; and (c) all content made available by Triumph through the Platform, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, proprietary information, client- and server-side code (e.g., HTML, JavaScript, active server pages, VBScript, databases, or any other code files) are owned by Triumph or Triumph’s licensors. The provision of the Platform does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Triumph and its licensors reserve all rights not granted in this Agreement. ### 3.5 Third-Party Services. The Platform is designed to interoperate with certain third-party services that are not under the control of or maintained by Triumph (“Third-Party Services”), such as those that provide transactional and/or financial services to Triumph. Certain Third-Party Services are integrated into the basic operation of the Platform and certain Third-Party Services may be added by you for additional fees. You must agree to and you must abide by the terms and conditions of any applicable Third-Party Services, and your violation of the applicable terms and conditions of any such Third-Party Services shall be a violation of this Agreement. Triumph is not responsible for the content of, or any transactions you process on or through, any Third-Party Services. Triumph does not make any representations or warranties about Third-Party Services, or any information, materials, or products found thereon. To the extent that Triumph provides links or references to any Third-Party Services, you acknowledge that Triumph provides them to you solely as a convenience to you. In no event shall Triumph be liable for any loss, claim, damages, costs, or negative experiences that may arise in connection with your access to or use of any Third-Party Services independent of or not directly caused by the Platform, including, without limitation, any transactions processed by you on or through such Third-Party Services. Specifically, and without limitation, you agree to the terms and conditions applicable to the following Third-Party Services. ### 3.6 User Responsibilities. In connection with using the Platform and the Services each user is responsible for—and Triumph fully disclaims and is released from any responsibility for: (a) the user’s own devices and telecommunications connections, services, and fees, including for wireless, Internet, and other services. Specifically, and without limitation, the user shall bear the full risk of any malfunction, crash, or failure of the user’s device or connection (whether related to hardware or software or to low or no battery or power supply), for whatever reason; (b) the availability, quality, latency, and continuity of the user’s telecommunications connections and services. Specifically, and without limitation, the user shall bear the full risk of any malfunction, crash, or failure of the networks used to provide the user’s connection to the Platform, for whatever reason; ANY LOSS, LIMITATION, OR NEGATIVE EXPERIENCE A USER SUSTAINS IN CONNECTION WITH ANY OF THE FOREGOING SHALL NOT ENTITLE THE USER TO A REFUND OR ANY OTHER REMEDY. IF A USER’S DEVICE IS UNABLE TO SUBMIT A SCORE TO THE PLATFORM FOR ANY REASON, THE USER WILL AUTOMATICALLY BE GIVEN A SCORE OF ZERO. IF A USER EXITS OUT OF A GAME OR TOURNAMENT FOR MORE THAN FIVE (5) SECONDS, THE USER’S SCORE WILL BE REPORTED AS THE LAST VALID SCORE SUBMITTED FROM THE USER’S DEVICE, IF IT IS AVAILABLE TO TRIUMPH. ### 3.7 Bank Secrecy Act - Anti-Money Laundering Policies You agree that you have read the Triumph [BSA-AML Policy](https://www.notion.so/09e2be37f8c44caea2826e0b22bf06eb) and that Triumph may take any action indicated under the [BSA-AML Policy](https://www.notion.so/09e2be37f8c44caea2826e0b22bf06eb). By using the Platform you represent that you are not on any Specially Designated Nationals or Blocked Persons list (”SDN”) maintained by the US Office of Foreign Assets Control. You also represent that you are not listed on, or otherwise the target of, any applicable sanctions maintained by the European Union, any EU Member State, or the United Kingdom (including the UK Sanctions List and the Consolidated List of Financial Sanctions Targets). We may take any action permitted under our BSA-AML Policy and under applicable anti-money laundering, counter-terrorist financing and sanctions laws in the jurisdictions in which we operate. ## 4. USER CONTENT. ### 4.1 User Data. “User Data” means any and all information and content that is input into the Platform by or on behalf of a user except for the Payment Data, defined below. You acknowledge and agree that Triumph is not responsible for any User Data you provide except as outline in the [Privacy Policy](/), including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Triumph does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Data. ### 4.2 User Data Responsibilities. Triumph is not obligated to backup any User Data and you are solely responsible for creating backup copies of your User Data, if you desire. ### 4.3 Right to Remove Data. You agree that Triumph has the right to remove any content, including User Data, from the Platform at any time, with or without cause. Triumph also has the right to refuse, move, or block access to any material submitted on or through the Platform, and to establish general practices and limits concerning use of the Platform. The decision of whether or not to remove content from the Platform is within Triumph’s sole and complete discretion. Triumph has no obligations, contractual or otherwise, to take or refrain from taking any action. Under no circumstances will Triumph be liable for removing or failing to remove any content. In the event that the content removed is your access to any collectibles that you are Storing with Triumph, Triumph will follow the procedures outlined in Section 5, below. ### 4.4 License. You hereby grant, and you represent and warrant that you have the right to grant, to Triumph an irrevocable, perpetual, non-exclusive, royalty-free and fully-paid, worldwide license to use, reproduce, distribute, publicly display and perform, modify, adapt, prepare derivative works of, incorporate into other works, and otherwise exploit your User Data, and to grant sublicenses of the foregoing, for the purposes of providing the Platform to you, for any specific purpose identified in connection with our solicitation or collection of your User Data, and as otherwise permitted by our Privacy Policy. More specifically, and without limitation, you agree that we may process your User Data to create aggregated and/or de-identified data sets used to improve the Platform, including to use such data for algorithm development, machine learning, and the creation and development of other features and functionality. For the avoidance of doubt, except where limited by applicable law, this license continues even after you stop using the Platform, including without limitation with respect to aggregate and/or de-identified data derived from your User Data and any residual backup copies of your User Data made in the ordinary course of our business. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Data. ### 4.5 Feedback. If you provide Triumph any feedback or suggestions regarding the Platform (“Feedback”), you hereby assign to Triumph all rights (including all intellectual property rights) in and to the Feedback and agree that Triumph shall have the right to use such Feedback and related information in any manner it deems appropriate. Triumph will treat any Feedback you provide to Triumph as non-confidential and non-proprietary. You agree that you will not submit to Triumph any Feedback that you consider to be confidential or proprietary. ### 4.6 Other Users. Each user of the Platform is solely responsible for any and all of such user’s User Data. You acknowledge and agree that we are not responsible for any User Data and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Data and we assume no responsibility for any User Data. The Platform provide features and functionality by which you may interact with one or more other users. You agree that, regardless of whether Triumph personnel is present or not and regardless of whether Triumph personnel intervene or not, Triumph has no obligation to restrict or prohibit your interaction with other users, and Triumph will not be responsible for any loss or damage incurred as the result of your interactions with other users. If there is a dispute between you and any other user, we are under no obligation to become involved. ### 4.7 Sharing of User Information. The Platform may provide information from or about users using the Platform to other users. Currently the Platform allows other users to view a user’s profile, the user uploaded profile image, and user scores in matches with other users. Triumph makes commercially reasonable efforts to indicate clearly when a user is using a feature that permits the sharing of information with other users. Triumph does not and cannot verify all information provided by users. Triumph does not control, and makes no representations or warranties as to, the identity, character, or behavior of any user, and Triumph disclaims, and you release Triumph from, any and all liability relating thereto. Users should exercise caution and judgment when interacting with other users, in both online and offline interactions, as when interacting with any other individual a user does not know. In certain circumstances where a user is located in a specific jurisdiction they may be entitled to release of other contestants information pursuant to applicable law. To the extent that such a release is required by applicable law the user to whom it is requested and release will keep all such information confidential and shall not publicly disclose or release any of the names or other information of other users. Triumph makes no representation or warranty as to the accuracy of the information supplied by users. Users acknowledge and agree to the release of such information where required by applicable law and waive any claims against Triumph for the misuse or disclosure of such release by a user to whom such information is required to be released. ## 5. COLLECTIBLE PURCHASING, STORAGE, AND PURCHASES Triumph may allow a user to accomplish one or more of the following: (i) purchase physical collectible items directly; (ii) purchase physical collectible items in "blind box" form (for example, the purchase of a pack consisting of one or more collectible cards where the cards in such pack are of the same type but may have a variety of attributes); (iii) track their inventory of collectible items purchased from Triumph (the "User Inventory"); (iv) have Triumph maintain their physical collectible item in storage; (iv) have their User Inventory shipped to them. #### 5.1 Direct Purchase of Collectible Item Triumph may make available certain physical goods available on its marketplace for purchase. You may purchase such items. Each purchase is non-refundable and there are no returns once an item in purchased except as expressly allowed under these Terms of Use. Upon the purchase your account will be credited with the physical item and it will be shown as available in your User Inventory. You will have a period of time, indicated in the User Inventory tab, in which to return any of your Inventory to Triumph for the Fair Market Value, as defined below, after the expiration of such time you agree that such Inventory will be automatically returned to Triumph for the Fair Market Value. You may also choose to ship any of your User Inventory to you, at the time that you meet all the requirements (including, if you are located in a jurisdiction that requires the collection of sales tax, the payment of the amount of sales tax due) that is required for the shipment of an item in User Inventory and when that item is placed with a common carrier, the sale of the User Inventory will be deemed completed. #### 5.2 Blind Box or Pack Purchases and Other Fees 5.2.1 Blind Box or Pack Purchases Triumph may make available "blind box" or other collectible pack purchases (a "Pack"). In each case, the type of product that you are purchasing and other information related to the Pack, such information at a minimum to be: (i) the producer of the collectible; (ii) the series or type of collectible included in the pack; (iii) the cost of purchase; (iv) the number of collectibles included in such pack, though Triumph may add additional collectibles as marketing bonuses in its sole discretion ("Promotional Items"). Such Promotional Items will not vary the underlying primary item or its likelihood of being obtained where such statistical information is provided. However, the value of such Promotional Items may exceed stated max pulls for a given Pack. Additional information may be provided such as: (i) the chance the card is of a certain Fair Market Value (where such Fair Market Value is based upon Triumph's determination of Fair Market Value in its reasonable discretion as described in Section 5.4, below); (ii) the chance of a rarity and the scale on which such rarity is based; (iii) the "grade" of the collectible. ALL STATISTICS RELATED TO EACH PACK PURCHASE MAY VARY BETWEEN ANY GIVEN PACK. THE STATISTICS WILL CHANGE IN REAL TIME BASED ON AVAILABLE INVENTORY. ALL STATISTICAL RANGES PROVIDED ARE ACCURATE AT THE TIME THEY ARE PROVIDED - THOUGH SUBJECT TO CHANGE - BUT THE DISTRIBUTION BETWEEN RANGES MAY NOT (AND IS LIKELY NOT TO BE) EQUAL. The conditional purchase of a Pack is non-refundable. Upon the selection and confirmation of the conditional purchase of the Pack, your account will be credited with the item selected from the inventory, as discussed in section 5.3, below, and it will be shown in your "Inventory", however, no sale of the item has occurred and title to the item will not pass to you until the following occurs: (i) you request that the item be shipped to you; (ii) you pay any applicable sales tax associated with the shipment of the item; (iii) the item is found in the Triumph inventory (for treatment of lost items please review Section 5.7); (iv) your account has not been banned, blocked, or otherwise terminated; (v) you have passed our KYC verification process; (vi) the packaged item is accepted by the carrier; and (v) the packaged item is properly addressed to the address you provided to Triumph, (the completion of these requirements being a "Sale"). Until a Sale occurs any loss, mislabeling, damage, destruction, or other issues as determined in the Company's sole discretion (excepting a terminated or banned account) may only be remedied through the crediting of the FMV of the item to you (as FMV is defined in Section 5.4, below). 5.2.2 Other Fees Triumph imposes a fee for instant withdrawal to a bank account/eligible payment method. The amount of this fee (and any applicable exchange rate or third-party processing charges) will be clearly disclosed to you before you confirm the withdrawal, and any change to the fee will apply only to future withdrawals. Triumph may change this fee from time to time where we have a valid reason (for example, changes in third-party costs, fraud or compliance requirements), but we will not change the fee after you have initiated a withdrawal. Withdrawals may be made to a bank account using ACH (or an equivalent standard bank transfer method, where available in your location). Withdrawals may be made to a bank account using ACH (or an equivalent standard bank transfer method, where available in your location) without any fee. #### 5.3 Inventory and Storage The physical items you have the ability to request shipment on will be shown in your "Inventory" tab in your user account. In the event of any loss of your Inventory Triumph will provide the FMV, as defined below, of such collectibles at the time of such loss to you by crediting your account. YOU MAY ONLY STORE A COLLECTIBLE FOR A MAXIMUM OF SEVEN DAYS. Any collectible that has remained in storage for seven days or greater will be considered a "Return" at the Company's sole discretion and you will be credited the FMV of the collectible, as that term is defined below, that was determined by the Company at the time that you received such collectible. The Company may provide a minimum of twenty-four (24) hours notice by push notification. The Company may also text you in the event that a collectible in your inventory is subject to repurchase by the Company, you specifically agree to receive such text notifications relating to your inventory. The Company may extend such deadline in its sole discretion, for example, in the event that you are undertaking to meet the requirements of Triumph's KYC process. #### 5.4 Fair Market Value Triumph uses realtime sales statistics to determine the fair market value (the "FMV") of the collectibles for purposes of identifying the expected value of such collectible for purposes of any metrics made available to you prior to purchase; for purposes of any offer to purchase from you a collectible you own, and to value your Inventory in the event of a loss. The FMV that Triumph uses may not match published market values. Triumph uses a proprietary system to generate its FMV that may take into account, but is not limited to the following (the "FMV Factors"): (i) the rarity; (ii) previous sales; (iii) previous sales of similar items; (iv) the difficulty in time and expenses and risk of purchasing a similar collectible item; (v) general market dynamics relevant to the specific collectible or type of collectibles; same item; (vi) professional grading scores and encapsulation / packaging status; (vii) provenance, history, additional features, or modifications of a specific collectible; (viii) authenticity certainty level; (iix) average time-to-sale for similar items; (ix) signatures or other similar additions to the collectibles and their rarity, certainty related to authenticity, and other features relates specifically to such signatures or markings. The FMV used by Triumph is subject to change at any time and Triumph makes no representation that any FMV will remain stable or that the weight and use of any FMV Factors will remain unchanged. You may access Triumph's FMV determinations for any set of its collectibles, including all available collectibles in such category, by using the following links for the associated collectible types: (i) [Pokemon Cards](https://app.hex.tech/2fb31ad0-1fcd-421f-b05d-ea6e0c62c82d/app/Available-Inventory-031GWT0ZPGbsa4qW7BYahi/latest); (ii) [Basketball Cards](https://app.hex.tech/2fb31ad0-1fcd-421f-b05d-ea6e0c62c82d/app/Available-Inventory-031GWT0ZPGbsa4qW7BYahi/latest?selectedStaticCellId=019cb5d8-fa29-7ee5-8f40-1201cbc1c680); (iii) [One-Piece](https://app.hex.tech/2fb31ad0-1fcd-421f-b05d-ea6e0c62c82d/app/Available-Inventory-031GWT0ZPGbsa4qW7BYahi/latest). The FMV contained in the collections is only applicable at the time of such access and is subject to change as described in this section. #### 5.5 Returns of Collectibles to Triumph Prior to the completion of a Sale, Triumph may allow you to exchange a physical item shown in your "Inventory" tab (a "Return"). It may make Returns available by surfacing a purchase price and a button to complete such a Return to you. All Returns to Triumph are final. Upon a Return to Triumph your Triumph Account will be credited the FMV of the collectible such credit to be in the form of additional pack purchase credits denominated as outlined in Section 6.2, below. You agree that Triumph is under no obligation to: (i) offer a Return of the collectible; (ii) maintain an open Return window whether or not previously displayed, and that such Return offers may be terminated by Triumph at any time; (iii) collect or remit taxes on your behalf absent the completion of a Sale. #### 5.6 Shipping From Inventory A user may ship a collectible from Inventory. Prior to shipping any collectible a user may be required to pass KYC Verification, and will be required to pay any sales tax applicable based on the location used for shipping, and must not have violated any term of this Agreement. A user may select the shipping service from those available for servicing their desired shipping address, within the United States. Items will not be shipped on Saturdays and Sundays, however, we will attempt to ship your item as quickly as possible. If you do not receive a notification that your item has changed location for a period of fourteen (14) business days, please contact customer support through the App. In all cases the User will be responsible for the cost of shipping and the any cost of tracking the package, which may be required. Upon shipment, you will be provided with a tracking number. You agree that the maximum liability for any package lost in transit is the FMV of the card at the time of shipment. Any item that is damaged, or in error, may, in Triumph's sole discretion, be required to be returned to Triumph in order to receive a refund. At this time, the Company does not offer combined inventory shipments, and each individual collectible must be shipped separately. You must notify Triumph within ten (10) days of delivery of any shipping error by messaging customer support using the in-app messaging feature. If you do not notify Triumph within ten (10) days you agree that you have accepted any shipment received by you (or indicated as delivered in shipping records) as fully satisfying the inventory transfer made in your Triumph App. #### 5.7 Loss of Inventory, Inventory Errors If your physical Inventory held by the Company is lost, stolen, or destroyed, the Company will notify you and credit your account in an amount equal to the FMV of your Inventory at the time of such loss as indicated by your Inventory values in your Inventory account at such time. Once the Company delivers a package to the carrier, the carrier is responsible for that package, not the Company. However, the Company will promptly handle all refunds and claims related to shipment issues, so you should not submit claims to any carriers (USPS, FedEx, UPS, etc.) for your shipments. You take the risk of any changes in the FMV in the event of such loss. In the event that a requested item is not available for shipment, including but not limited to its loss, destruction, an inventory error, or for any other reason, Triumph may, in its sole discretion: (i) credit you with the FMV of the collectible at such time that shipping is requested plus any fees paid for the shipment thereof, including applicable sales tax; or (ii) purchase and ship an equivalent replacement collectible having materially similar characteristics. Triumph will notify you if this occurs and which of the foregoing options it has selected. You agree that you take the risk for any change in FMV prior to requesting shipping. #### 5.8 Grading and Raw Cards Unless a card is specifically identified as a grade, or if it is marked as "raw", or if a Pokemon card is not displayed in a PSA marked case, such card is being sold as a "raw" / ungraded collectible. We strive to maintain all "raw" / ungraded collectibles inventory in "Good" or better condition, however, with respect to "raw" / ungraded collectibles there is no guaranty of the condition. If you choose to ship a "raw" / ungraded collectible to you it is being sold "as-is" with no guaranty of condition. If you do not want to take such risk you may, in accordance with these terms, sell the raw collectible to us at the FMV, when offered. #### 5.9 Entertainment Wrappers. Various in-app mechanisms and animations may provide user interfaces to card selectors, or other user-based inputs ("Non-Purchase Interfaces"). Examples of Non-Purchase Interfaces include the rotating card wheel selector. The only user-based inputs that affect the card purchase are the selection of the card pack, the rarity selector if made available, and the purchase confirmation. The Non-Purchase Interfaces are provided for entertainment value only and do not affect purchase or collectibles outcomes. ## 6. FEES, FUNDS, AND WITHDRAWAL ### 6.1 Fees. We will make commercially reasonable efforts to display and explain all applicable fees in connection with the use of the Platform, including all applicable shipping fees. You may also be charged for the use of Third-Party Services, for example, in the event of an instant withdrawal, for shipping, or for insurance. Our fees and payment policy may change at any time and from time to time in our sole discretion. As provided above, we contract with one or more third parties to facilitate the processing of fees and payments. ### 6.2 Adding Funds into Triumph Account. Any funds added to your Triumph account are non-refundable and may be used only for purchasing collectibles or Packs. You may add funds to your Triumph Account after (i) Triumph has verified that you are located within the United States; and (ii) you have indicated your acceptance of this Agreement, including our Privacy Policy. All funds added to a Triumph account are non-transferrable and will not be refunded by Triumph, except as required by applicable law or other legal obligations. If you are a consumer resident in the European Economic Area or the United Kingdom, you may request withdrawal of the cash balance of your Triumph Account (excluding Bonus Cash and In-Platform Items) at any time, subject to (i) completion of our identity and fraud-prevention checks as described below in Clause 6.3 (a), and (ii) any legal or regulatory restrictions (including anti-money laundering and sanctions requirements). Funds may only be withdrawn from your Triumph Account in accordance with this Agreement. The only funds available for withdrawal are those that you have received from sales of your Inventory and not any amounts added to an account from other sources. You must deposit funds from an account or card you own or that is issued to you and agree that you will not deposit funds using any other persons account or credit or debit card. The Services may be illegal in the jurisdiction in which you are located, for example, users located in China; if so you are not authorized to use your payment card to complete a transaction. ### 6.3 Withdrawal of Funds. The following terms apply to your withdrawal of funds from your Triumph Account: (a) You may not withdraw any funds from your Triumph Account unless and until you have passed KYC Verification of your status as a user. You specifically agree that you do not have a claim for any account balance or items in inventory without completing KYC Verification and being eligible for a Triumph Account in accordance with this Agreement. As part of this process you are required to provide certain information, including but not limited to: (i) uploading an image of a government issued photo identification; (ii) take a live video of your face which is used for the purposes of matching to your photo identification; and (iiii) authorize the collection of phone global positioning data, among other information required. Some of the information provided, including facial images and scans (if applicable) will be considered "biometric data" or "special categories of personal data" under certain data protection laws. By using the Platform for purposes of a withdrawal you specifically acknowledge and agree to the collection of such information for the purposes of verifying your identity and the management of such information in accordance with this Agreement, the Triumph Privacy Policy, and applicable third-party Terms of Use and Privacy Policies applicable thereto. Where we are subject to data protection laws such as the EU General Data Protection Regulation ("**GDPR**") or the UK GDPR, we will only process such data where permitted by those laws (for example, where necessary to provide our services, comply with our anti-money laundering and sanctions obligations or, where required, with your explicit consent). Your rights in relation to such data, including rights of access, erasure and restriction, are described in our Privacy Policy. (b) You may only withdraw funds that you have gained from the sales of your Inventory. You cannot withdraw deposited funds, as any deposited funds may only be used for the purchasing of collectibles or Packs. (c) Triumph, in its sole discretion, may limit you to no more than $250 in eligible funds during any single period of seven (7) consecutive days. (d) The Platform’s default automated withdrawal solution requires that each user receive a payout on the user’s debit card, bank account, and if available a user's PayPal, Venmo, or CashApp account. If you do not have a bank account or debit card, you may contact customer support in the Triumph App and we may attempt to facilitate a manual payout, on a case-by-case basis and in our sole discretion. (e) All withdrawal transactions must be at least $5 or greater, and will process within two weeks of the request. (f) If you are withdrawing more than $2,500 in any calendar year, Triumph may require that you provide certain tax forms prior to processing such withdrawal. (g) You are solely responsible for reporting and paying any applicable taxes on any goods purchases, whether or not funds are withdrawn from your Triumph Account. (h) All withdrawals are final and cannot be reversed by Triumph. YOU BEAR THE ENTIRE RISK OF ENTERING THE CORRECT BANK ACCOUNT, DEBIT CARD, OR OTHER ACCOUNT INFORMATION INCIDENT TO A WITHDRAWAL; TRIUMPH SHALL HAVE NO RESPONSIBILITY FOR YOUR ENTRY OF INCORRECT DEBIT CARD INFORMATION. ### 6.4 Refund Policy. 6.4.1 Deposits You may deposit into the Triumph App; however, all deposits may solely be used for in-App purchases of items available on the App. You agree that upon deposit you waive any rights to the funds withdrawal or use outside of the App. 6.4.2 Purchases All Purchases are final and binding. Triumph will only refund Purchases in the event of an error by Triumph or its software, or if applicable law or other legal obligations requires making a refund. Triumph may review and modify the fees charged and payments made in any transaction, and reimburse such amounts in its sole discretion, based on any complaint or report of special circumstances concerning a transaction. 6.4.2 Prepaid Purchase Refunds Except as required by law or other legal obligations Triumph will only refund transactions where you purchase prepaid collectibles credits in the following circumstances: (a) If the user provides evidence that the transaction was fraudulent; (b) If the transaction was the result of an error, for example, in the case of a doubled transaction, but only to the extent that the prepaid credits related to such additional transactions were not used; \ \ (c) At Triumph's sole discretion. \ \ All refund requests must be made within thirty (30) days of the date of transaction. Triumph will review the requests and provide a response within three (3) business days. The sole mechanisms available for any refunds are the addition of prepaid game credits to your Triumph account or a reversal or payment through the payment means used to initiate such disputed transaction. ### 6.5 Promotions. 6.5.1 Bonus Cash and Promotions Triumph may make promotional offers with different features and different rates for products and services offered through the Platform. These promotional offers, unless made to you directly, shall have no bearing whatsoever on your access to and use of the Platform. All promotional offers will be settled in "Bonus Cash" which have the following features: (i) it is for prepaid purchases only and may only be used for such; (ii) it may not be withdrawn or transferred; (iii) upon a withdrawal of any funds from a user's account any unused "Bonus Cash" will be forfeit. Triumph may also provide customer retention incentives whereby Triumph provides some benefit to a customer in excess of what the customer would have received or been charged for retention, marketing purposes, or testing purposes (the "Marketing Incentives"). The Marketing Incentives may include, but are not limited to: (i) providing additional collectibles in a pack; (ii) upgrading the collectible or other item that the you would have received, where such upgrade is based on the FMV of the collectible that would have been received versus crediting you with a collectible with a higher FMV; (iii) removing or reducing the fees charged for any service; (iv) providing rewards program credits that may be based on certain actions, such as opening the application each day, purchasing packs, number of packs shipped or other actions, which when a specifically identified threshold has been met may provide a Marketing Incentive or other benefit (a "Reward Program"). You agree and acknowledge that Triumph may provide you with Marketing Incentives, may terminate such Marketing Incentives without notice at any time, and that Triumph may terminate any Reward Program at any time without compensation for any credits granted. 6.5.2 Gems or Other Credits Triumph may provide "gems" or other digital items ("In-Platform Items") that may be exchanged for for various participations in the App. You agree that In-Platform Items have no value and that Triumph may terminate all offers of use with respect to such items, cease using such In-Platform Items, or delete and remove In-Platform Items at any time without notice. ### 6.6 Stored Payment Terms. The Triumph Platform may provide the means to store payment information, including but not limited to bank account numbers, credit card or debit card numbers, or account credentials linking one or more account to your Triumph Platform account (the "Payment Data"). 6.6.1 Agreement to Store Account Data By manually entering and clicking the box authorizing Triumph to store your Payment Data you authorize Triumph to store such Payment Data and certify that you are the owner of the account associated with the Payment Data and authorize such accounts to be charged by Triumph upon your approval. All stored Payment Data will be stored locally on your mobile device accessible through the Triumph App and may be removed from the Triumph App at any time by you. Triumph will not store your Payment Data outside of your device but may transmit it as necessary to complete any transactions with the Triumph Platform. To revoke your consent to the storage of your Account Data you can: (i) remove the account data from storage within the Triumph App; or (ii) delete the Triumph App. 6.6.3 Use of Account Data The stored Account Data may be used by you in accordance with this Agreement to: (a) Initiate the purchase of pre-paid game credits, by selecting and authorizing the purchase amount in the Triumph App; (b) Initiate withdrawals from your account to an account associated with your stored Payment Data. 6.6.3 Limitations of Use by Triumph Triumph will not do the following with any stored Payment Data: \ (a) Initiate transactions without your consent; (b) Provide for scheduled transactions, all transactions must be initiated by the you. ### 6.7 Transaction Receipts. Users should store all transactions records and a copy of the Triumph policies and rules, including a copy of this Agreement and the [Privacy Policy](/). ### 6.8 Balance Transfer to Other Triumph Applications Triumph has entered into agreements with other applications to allow the transfer of a user's balance, including balances held in tournament entry credits and potentially withdrawable cash, to such additional applications. In the event that you transfer any balances to another application you agree to the Terms of Use of the application to which you authorize such transfer. The currently available applications and the associated Terms of Use are: "Triumph: Play for Cash" [Terms of Use](/terms-of-use-triumph-play-for-cash) You specifically acknowledge that any balance transfer will be treated as an inbound purchase transaction and all rules applicable to such transfer, including the purchase-through or play-through requirements will be imposed. Further, separate applications may impose different transaction maximums or fees on transactions as outlined in any applicable Terms of Use. ## 7. ANTI-MONEY LAUNDERING. Users are explicitly prohibited from intentionally losing a Tournament for any reason, including, but not limited to, in connection with an attempt to transfer money to another user. Any use of Triumph’s platform other than to compete in good faith in a real-money contest in a skill-based game is strictly prohibited. Where Triumph determines, in its sole discretion, that a user has violated these terms: (a) Triumph may suspend and/or terminate the user’s Triumph Account; (b) Triumph may temporarily or permanently ban the user from the Platform, including through the user’s existing Triumph Account or any new Triumph Account; (c) Triumph may take any other action, including but not limited to legal action; and (d) the user is subject to forfeiture of the entire balance of funds in the user’s Triumph Account. ## 8. CHEATING POLICY. ### 8.1 Prohibited Conduct. The following is a non-exhaustive list of prohibited conduct that is prohibited: (a) utilizing a virtual private network (VPN); (b) not providing or maintaining accurate information within a Triumph Account (including using fake phone numbers); (c) opening or operating more than one Triumph Account; (d) conducting or attempting to conduct fraudulent financial transactions through the Platform (including fraudulent payment card charge-backs and other transactions); (e) exploiting an error in the Platform that is not in accordance with the intent indicated or in good faith; (f) using a jailbroken device or any device with software not intended to run on the device which the platform is running on. (g) using phone numbers for account creation or referral that are not issued by a cell phone provider and linked to a single device or subscriber identity module (SIM) card. ### 8.2 Consequences. Where Triumph determines, in its sole discretion, that a user has breached this Agreement: (a) Triumph may suspend and/or terminate the user’s Triumph Account; (b) Triumph may temporarily or permanently ban the user from the Platform, including through the user’s existing Triumph Account or any new Triumph Account; (c) Triumph may take any further action, including but not limited to legal action; and/or (d) the user is subject to forfeiture of the entire balance of funds (both withdrawable cash, Bonus Cash, and pre-paid purchase credits) and any inventory in the user’s Triumph Account. We may only permanently confiscate funds to the extent reasonably necessary to (i) reverse or prevent the benefit of cheating, fraud or other serious breach of this Agreement, (ii) comply with our legal or regulatory obligations (including anti-money laundering and sanctions obligations), or (iii) compensate Triumph or other users for losses directly caused by your breach. Otherwise, we may freeze funds while we investigate but must return any remaining lawful funds to you where we are legally permitted to do so. ## 9. INDEMNITY. You agree to indemnify and hold Triumph and its affiliates, and its and their directors, officers, members, principals, owners, employees, agents, representatives, contractors, successors, and assigns, harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Platform; (ii) your User Data; (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Triumph reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Triumph. Triumph will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. ## 10. DISCLAIMERS YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT FOR THOSE WARRANTIES MADE AND EXPRESSLY IDENTIFIED AS WARRANTIES BY TRIUMPH, TRIUMPH DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE PLATFORM; (B) ANY PRODUCTS AND SERVICES OFFERED OR MADE AVAILABLE THROUGH THE PLATFORM; (C) THE ACTS OR OMISSIONS OF USERS THROUGH THE PLATFORM; (D) THIRD- PARTY SERVICES ON WHICH THE PLATFORM DEPENDS OR WITH WHICH THE PLATFORM INTEROPERATES; AND (E) ANY TRANSACTIONS INITIATED OR PROCESSED BY YOU ON OR THROUGH SUCH THIRD-PARTY SERVICES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. TRIUMPH MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED OR MADE AVAILABLE THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. TRIUMPH ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN SUCH JURISDICTIONS AND ONLY TO THE EXTENT DISALLOWED THIS DISCLAIMER WILL NOT APPLY. ## 11. LIMITATION OF LIABILITY AND RELEASE. ### 11.1 Limitation of Liability To the maximum extent permitted by applicable law and notwithstanding any other provision of this Agreement, in no event shall Triumph or any of its affiliates or suppliers (including any of its or their partners, officers, directors, members, managers, owners, principals, employees, agents, contractors, successors, or assignees) be liable to you for any indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), or for any damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or use of products, lost profits, revenue or savings (actual or anticipated), or other economic loss ensuing from or in connection with (a) the platform; (b) any products and services offered or made available through the platform; (C) any acts or omissions of users of the platform; (D) third party services which the platform uses or interoperates with; or (e) any transactions initiated or processed by you on or through such third-party services, even if Triumph or any of its affiliates or suppliers has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, gross negligence, or, where applicable, death or personal injury caused by our negligence. If you are a consumer resident in the European Economic Area or the United Kingdom, your statutory rights are not affected by this clause. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRIUMPH AND ITS AFFILIATES AND SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PRINCIPALS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNEES) TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE TO TRIUMPH BY YOU UNDER THIS AGREEMENT, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), AND EVEN IF TRIUMPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. ### 11.2 Waiver of Claims. EACH TIME YOU ACCESS THE PLATFORM, EXCEPT WITH RESPECT TO ACCESS AND USE OF THE TRIUMPH APP, YOU EXPRESSLY RELEASE ANY AND ALL CLAIMS YOU HAVE AGAINST TRIUMPH SUCH RELEASE INCLUDES A WAIVER UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA WHICH READS AS FOLLOWS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” ## 12. TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force from the date you agree to it until such time as it is terminated. We may (a) suspend your rights to use the Platform (including your Triumph Account), (b) terminate this Agreement, and/or (c) ban you from the Platform at any time and for any reason whatsoever, at our sole and complete discretion. Upon termination of this Agreement, your Triumph Account and right to access and use the Platform will terminate immediately. You understand that any termination of your Triumph Account may involve deletion of some or all of your User Data from the Platform or our databases. Triumph will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Triumph Account or deletion of your User Data. ## 13. COPYRIGHT POLICY. Triumph seeks to respect the intellectual property of others and asks that users of our Platform do the same. In connection with our Platform, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that any portion or content of our Platform unlawfully infringes the copyright(s) in a work and you wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to us by email to : (a) Your physical or electronic signature; (b) Description of the copyrighted work(s) that you claim has been infringed; (c) Description of the material on our services that you claim is infringing and that you request us to remove; (d) Sufficient information to permit us to locate such material; Your address, telephone number, and e-mail address; (e) A statement that you have a good-faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that any misrepresentation of material fact (falsity) in a written notification may subject the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. ## 14. DISPUTE RESOLUTION ### Please read this Section 14 carefully. It requires you to arbitrate disputes with Triumph on an individual basis and limits the manner in which you can seek relief. ### 14.1 Choice of Law. This Agreement, and any dispute arising out of or relating to it or the Platform, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions, except as set out below for EEA/UK consumers, and except that the Federal Arbitration Act (9 U.S.C. §§ 1–16) ("FAA") shall govern the interpretation and enforcement of Section 14 of these Terms of Use and any question of whether a dispute is subject to arbitration. To the extent there is any conflict between the FAA and California law with respect to arbitrability or the enforcement of the agreement to arbitrate, the FAA shall control. If you are a consumer who is habitually resident in the European Economic Area or the United Kingdom, nothing in this Section 14.1 limits your rights under the mandatory consumer protection laws of your country of residence. In that case, you may bring proceedings in the courts of your country of residence, and any mandatory arbitration provision in Section 14 (including application of the FAA to questions of arbitrability) shall apply only to the extent permitted by applicable law. ### 14.2 Informal Dispute Resolution. Before initiating any arbitration or court proceeding, you and Triumph agree to first attempt to resolve any dispute informally for a period of sixty (60) days. To begin the informal resolution process, a party must send the other party a written Notice of Dispute (“Notice”) by certified mail or, if to Triumph, by emailing us at with a copy sent by certified mail to our address identified in this Agreement below (“Notice Address”). The Notice must include: (a) the claimant's name and contact information; (b) a description of the nature and basis of the dispute; (c) the specific relief sought, including the amount of any monetary claim; and (d) any supporting documentation. The parties agree to negotiate in good faith during this sixty (60) day period. If such efforts prove unsuccessful within sixty (60) days after the Notice is received, either party may proceed to arbitration or Small Claims Court as set forth below. ### 14.3 Arbitration Agreement. Except as otherwise stated in this agreement below, disputes, claims, and controversies between you and Triumph arising out of, relating to, or in connection with the Platform, any of real-money tournaments, the relationship between you and Triumph, and any interpretation or application of these Terms of Use or this arbitration provision shall be resolved exclusively through final and binding individual arbitration, rather than in court, and administered by the American Arbitration Association (“AAA”) under its then-current consumer arbitration rules. Unless otherwise agreed by the parties, required by the AAA Rules, or conducted remotely pursuant to the aforementioned rules, the place of arbitration shall be San Francisco, California. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. The arbitration shall be conducted by a single arbitrator with experience in consumer and/or technology disputes. The arbitrator shall apply California substantive law consistent with the FAA, shall follow applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of competent jurisdiction, including injunctive or declaratory relief, but only to the extent necessary to provide relief warranted by the individual claim. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. This arbitration agreement is subject to the Federal Arbitration Act and evidences a transaction involving interstate commerce. The arbitrator’s award may be entered in any court of competent jurisdiction. If the AAA is unable or unwilling to administer the arbitration, the parties agree that JAMS shall administer the arbitration under its applicable consumer rules. If neither the AAA nor JAMS is available, the parties shall agree on an alternative arbitration forum, or a court of competent jurisdiction shall appoint an arbitrator. For claims of $25,000 or less, you may elect for the arbitration to be conducted: (i) in the county where you reside; (ii) in San Francisco County; or (iii) entirely by telephone or videoconference; or (iv) based solely on written submissions (documents-only arbitration). To file for arbitration, you must pay AAA’s $225 filing fee. If you cannot afford the fee, you may apply to AAA for a fee waiver. Triumph shall pay all other fees related to the arbitration, including administration fees, arbitrator fees, and other costs for any arbitration initiated in accordance with this Section 14. If applicable law requires Triumph to pay a greater share of such fees and costs, Triumph shall do so. Each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable attorneys' fees and costs to the prevailing party, or unless applicable law otherwise requires the award of attorneys' fees. Nothing in this Section 14.3 limits any statutory rights to recover costs or fees that cannot be waived under applicable law. Notwithstanding any provision in this Agreement to the contrary, if Triumph makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) for which you had already provided notice to Triumph. Information on AAA and how to start arbitration can be found at [www.adr.org](http://www.adr.org). ### 14.4 Class Action and Jury Trial Waiver; Severability of Waivers. YOU AND TRIUMPH AGREE THAT EACH 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. ANY ARBITRATION UNDER THIS SECTION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of class, consolidated, or representative proceeding. YOU AND TRIUMPH EACH WAIVE THE RIGHT TO A JURY OR BENCH TRIAL IN COURT. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable, except that either party may ask a court to determine the validity of the class action waiver in this Section, but only to the extent such right may not be waived under applicable laws. If the class action waiver in this Section is found to be invalid or unenforceable as to a particular claim, request for relief, or controversy, neither you nor we will be entitled to arbitration as to that claim, request for relief, or controversy, and that claim or request for relief shall be severed and may proceed in a court of competent jurisdiction pursuant to Section 14.7. The remaining claims, requests for relief, and controversies shall continue in individual arbitration. The invalidity of the class action waiver as to any particular claim shall not invalidate the agreement to arbitrate or the class action waiver as to any other claim. ### 14.5 Exceptions to Arbitration. Per AAA rules, either party may bring an individual action in small claims court if the claim falls within that court’s jurisdictional limits. Prior to initiating any dispute in Small Claims Court, Section 14.2 of these Terms of Use still applies. The party initiating such dispute will provide a Notice to the other party of the potential claim and their ability to select between arbitration pursuant to paragraph 14.3, above, or Small Claims process identified in this section. The informal dispute resolution process will proceed as described in Section 14.2 of these Terms of Use. For clarity, if a claim has been filed with the AAA and a party elects to proceed in small claims court, the AAA Rules shall govern the process for transferring or closing the arbitration case. The informal dispute resolution process in Section 14.2 must be completed before initiating any proceeding under this Section. These Terms of Use do not preclude either party from seeking emergency injunctive relief in a court of competent jurisdiction pending arbitration or from exercising any rights that cannot be waived as a matter of applicable law, including the right to submit claims to any governmental or regulatory body with jurisdiction. ### 14.6 Confidentiality. The parties agree that 1) the arbitration proceeding; 2) any ruling, decision, or award by the arbitrator; and 3) all materials, testimony, and evidence submitted therein; shall be kept confidential, except that either party may disclose information as necessary: (a) to prepare for or conduct the arbitration; (b) in connection with a court application for emergency or provisional relief or to confirm or enforce the arbitration award; (c) as required by applicable law, regulation, or order of a court or governmental body; (d) as required by any applicable gaming or regulatory authority; or (e) as reasonably necessary to enforce or protect a party's legal rights. ### 14.7 Forum Selection. If any dispute is determined by a court of competent jurisdiction or by the arbitration administrator to be ineligible for arbitration, or if arbitration of a Dispute is otherwise unavailable or unenforceable, you and Triumph agree that any such Dispute shall be filed exclusively in the state or federal courts located in San Francisco County, California, and each party consents to the personal jurisdiction and exclusive venue of such courts. You and Triumph each waive any objection to jurisdiction or venue in such courts, including any objection based on inconvenient forum. ### 14.8 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this, Section 14, other than a change to the Notice Address, while you are a user of the Platform, you may reject any such change by sending Triumph written notice within thirty (30) calendar days of the change to and the Notice Address. Your notice must include your name, the email address associated with your account, and a statement that you reject the change to Section 14. By rejecting any future change, you are agreeing that you will arbitrate any dispute between yourself and Triumph in accordance with the version of Section 14 in effect immediately prior to the change. Rejection of a change to Section 14 does not terminate your account or your right to use the Platform. ### 14.9 Severability and Survival. If any provision of this Section 14 is found to be unenforceable, the remaining provisions shall remain in full force and effect. Without limiting the foregoing, if any portion of Section 14 is found to be unenforceable, the parties agree that the remaining portions of Section 14 shall continue to apply, and the unenforceable portion shall be construed to the maximum extent permitted by applicable law. This Section 14 shall survive termination of this Agreement and your use of the Platform. ## 15. CONSENT TO RECEIVE NOTICES ELECTRONICALLY. You consent to receive electronically any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which this Agreement refers including, without limitation, by e-mail, posting information and materials online at the Website, or other electronic communication technology that may hereafter be adopted or developed. You agree that all Notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed under the Privacy Policy. ## 16. GENERAL. ### 16.1 Availability. Triumph will make reasonable efforts to keep the Platform operational. However, certain technical difficulties, routine maintenance/upgrades and other events outside the control of Triumph may, from time to time, result in temporary interruptions to the Platform. In addition, Triumph reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website or Services or the entirety of the Platform, with or without notice. ### 16.2 No Support or Maintenance. You acknowledge and agree that Triumph will have no obligation to provide you with any support or maintenance in connection with the Platform. ### 16.3 Changes to Terms of Use. You agree that Triumph may modify this Agreement at any time by adding new terms or by deleting or amending existing terms. Such modifications will be effective as of the date that the updated terms are posted on Triumph’s website or through the Platform (“Effective Date”). Your continued access to and use of the Platform after the Effective Date (except for the withdrawal of any funds in your account) constitutes your acknowledgment of such modifications and your agreement to abide, and be bound, by the Agreement as modified. If you do not accept such modification(s), then you must stop using the Platform. ### 16.4 Access and Use Where Prohibited. Access to and use of the Platform are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement. ### 16.5 Access and Use from Eligible Locations. Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the Platform are solely directed to individuals located in the locations in which such services are allowed. Triumph reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Platform is void where prohibited. ### 16.6 Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Triumph of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Triumph. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Triumph’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. In the event Triumph’s performance of this Agreement, or any obligation hereunder, is prevented, restricted, or interfered with by reason of acts of God or of the public enemy, acts of the Government in its sovereign capacity, fires, floods, epidemic, pandemic, public health emergency, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the reasonable control and without the fault or negligence of Triumph, Triumph shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference. If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid. ## 17. ADDRESS FOR NOTICES & CONTACT INFORMATION. Triumph Labs, Inc. ATTN: Legal 90 Sheridan Street, San Francisco CA 94103 With a required copy to: Triumph support may be reached at: # Terms of Use: "Triumph Partners" Triumph Partners Suite Effective on: July 7, 2026 Updated on: July 8, 2026 Triumph TCG, LLC (“Triumph”) operates the Triumph Partners web portal (the “Portal”) located at [partners.triumpharcade.com](http://partners.triumpharcade.com), the mobile application “Triumph Partners” (the “Mobile Tool”), and all services provided through the Portal and Mobile Tool in connection with the onboarding, enablement, and management of vendors that sell collectible items and other goods to Triumph, including vendor account management, inventory and submission management, offer and transaction management, network analytics, and payments (collectively, the “Services”). Together the Portal and Mobile Tool form the “Triumph Partners Suite” (the “Platform”). Certain features of the Platform may be subject to additional guidelines, terms, or rules (collectively, “Additional Terms”), which will be posted on the Portal, marketing materials, or made available through the Platform in connection with such features, including any vendor, supplier, or consignment agreements and any program terms between you (or the entity on whose behalf you act) and Triumph (collectively, “Vendor Agreements”). References to “you” and “your” refer to you, a user of the Platform and, where applicable, the company or entity on whose behalf you access or use the Platform. Triumph publishes other applications, and the Terms of Use specific to such other applications apply to your use of those applications. THESE TERMS OF USE AND ALL APPLICABLE ADDITIONAL TERMS FORM THE FULL LEGALLY BINDING AGREEMENT BETWEEN TRIUMPH AND YOU REGARDING YOUR ACCESS TO AND USE OF THE PLATFORM (COLLECTIVELY, THE “AGREEMENT”). BY ACCESSING OR USING THE PLATFORM, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE PLATFORM OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE PLATFORM. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TRIUMPH ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. ## 1. PRIVACY. In the course of using the Platform, you may submit User Data (as defined below), including personal information, to Triumph. Triumph’s Privacy Policy details how we treat your User Data. We agree to abide by the Triumph Privacy Policy and you agree that Triumph may use and share your User Data in accordance with the Triumph Privacy Policy and applicable data privacy and protection laws. Without limiting the foregoing, the Privacy Policy describes our collection and use of usage information and approximate location information derived from your IP address in connection with your access to and use of the Platform, including to measure and analyze the reach and activity of Triumph’s vendor network. ## 2. ACCOUNTS. ### 2.1 Account Eligibility and Creation. In order to use the Platform, you must register for an account with Triumph (a “Triumph Account”) and provide certain information about yourself as prompted by the registration form. A user may only have and maintain one (1) Triumph Account. ANY ATTEMPT TO CREATE MORE THAN ONE ACCOUNT IS A BASIS FOR IMMEDIATE TERMINATION OF ALL ACCOUNTS AND THE WITHHOLDING OF AMOUNTS OTHERWISE PAYABLE IN CONNECTION WITH SUCH ACCOUNTS PENDING INVESTIGATION. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information at all times; and (iii) you meet the following account eligibility criteria: (a) you are at least eighteen (18) years old; (b) all payout accounts and payment methods designated by you are owned by you or by the entity on whose behalf you act — it is a violation of this Agreement to designate a payout account not issued to you or to such entity; (c) you have not been banned by Triumph, or its affiliate Triumph Labs, Inc., for any reason; (d) you have a personal mobile telephone number issued by a telecommunications provider in your country of residence which must be in an Eligible Location; (e) you have a valid government issued identification; and (f) your account is held by a natural person acting either on such person’s own behalf or as an authorized representative of the company or entity on whose behalf such person acts, and, if you act on behalf of a company or entity, you represent and warrant that you have the authority to bind such company or entity to this Agreement. ### 2.2 Verification of Account Information. Triumph reserves the right to verify the eligibility of any user at any time, during or after account creation, including by asking the user to provide identification or verify the user’s age and/or physical location, including the uploading of a government issued identification card and a "live" recording that matches such identification. If you do not provide accurate eligibility information, or if Triumph cannot reasonably verify your eligibility information as accurate, Triumph may suspend or terminate your Triumph Account and you agree that you forfeit any balance associated with your Triumph Account, if any. Triumph may suspend or terminate your Triumph Account as provided in this Agreement, regardless of whether you meet the eligibility criteria provided herein. For identity know your customer verification ("KYC Verification") purposes Triumph uses Footprint and by agreeing to these Terms of Use you agree to the Footprint Terms of Services which may be accessed at . In order to pass KYC Verification a user will be required to submit a liveness image, a government issued identity card, email address, name, and other data as may be required. ### 2.3 Eligible Locations, Compliance With Laws. Triumph may restrict the Services to locations in which Triumph believes it is allowed to provide the Services. Notwithstanding the foregoing, you agree that you are responsible for knowing and understanding the law applicable to you and you agree that you will not use the Triumph Services in any location in which any aspect of the Services are not allowed. “Eligible Location(s)” means a location from which access to and/or use of the Platform or the Services is permitted. You may access and use the Platform from other locations, but you must be in an Eligible Location to receive payments or otherwise participate in the Services. Use of and/or access to the Platform to participate in the Services from any location that is not an Eligible Location is strictly prohibited. The list of Eligible Locations for each Triumph entity (United States, European Economic Area, United Kingdom and any other region where we operate) is published and kept up to date on the Portal and/or in the Mobile Tool. The Eligible Locations may be subject to change at any time at Triumph’s sole discretion for whatever reason, including to reflect changes in applicable law or our licensing position. In the event a location from which you are participating in the Services is no longer an Eligible Location, you will have the opportunity to receive any amounts then owed to you and complete any pending transactions in accordance with your applicable Vendor Agreements. ### 2.4 Account Deletion. You may delete your Triumph Account at any time, for any reason, through the Platform or by sending an email request to . Prior to deleting your account you are responsible for completing any pending transactions and providing any information reasonably required for Triumph to pay you any outstanding amounts owed to you. Deletion of your Triumph Account does not, by itself, terminate any Vendor Agreement, which shall continue in accordance with its terms. You may also suspend your Triumph Account through a user-initiated account suspension on the Platform. This is not a permanent account deletion, and suspended Triumph Accounts may be reopened. ### 2.5 Account Responsibilities. Each user is responsible for maintaining the confidentiality of the user’s Triumph Account login information and each user shall be fully responsible for all activities that occur under the user’s Triumph Account. The Mobile Tool may be accessible from an unlocked phone, and you agree to maintain control over your phone and employ safeguards to prevent unauthorized access to the Mobile Tool. You are responsible for maintaining access to the Mobile Tool within your sole control and any conduct by a third person on the Mobile Tool gained by using or accessing your phone is your responsibility and you agree that you are liable for transactions made by others who use your phone, unless applicable law does not allow the imposition of such responsibility. Even if your financial institution reverses charges incurred you will remain liable to Triumph for transactions made by you or others that access your phone with your permission or as the result of a failure to adequately protect your account. In order to prevent unauthorized use you should password protect your phone and log out of the Mobile Tool when you are finished with a session. You agree that you will immediately notify Triumph of any unauthorized use, or suspected unauthorized use, of your Triumph Account or any other breach of security. Each user account is to be used solely for access to the Platform by the assigned user. TRIUMPH ACCOUNTS ARE NOT TO BE USED OR SHARED BY MORE THAN ONE INDIVIDUAL; DOING SO SHALL BE A BASIS FOR IMMEDIATE TERMINATION OF THE APPLICABLE TRIUMPH ACCOUNT(S). If you are a company or entity, each individual authorized to act on your behalf must register and maintain a separate Triumph Account. ### 2.6 Authorization for Contact. Each user, by creating an account, authorizes Triumph to contact the user electronically by phone, email, text message, notification, or other electronic means in order to: (i) confirm information about the user; (ii) confirm information submitted by you; (iii) resolve customer support issues; (iv) request information about the user’s use of the Platform; (v) provide account status information to the user; or (v) take any action in furtherance of this Agreement. This authorization will continue for the term of this Agreement. In order to terminate this Authorization the user must send a notice to and terminate all use of the Platform or, alternatively, unsubscribe electronically by following the "stop" or "unsubscribe" information contained in any communication sent to the user. ## 3. USE OF PLATFORM. ### 3.1 Limited License. Subject to the terms of this Agreement, Triumph grants you a limited, revocable, non-transferable, non-exclusive license to access and use the Platform for your own internal business use in connection with your actual or prospective vendor relationship with Triumph and in accordance with this Agreement. For the avoidance of doubt, your use of any software made available by Triumph in connection with your access to and use of the Platform shall be limited to use of the executable object code format only. Specifically, and without limitation, your access to, or attempt to access, any source code of the Platform, back-end systems or databases, or to manipulate the software or its communications in any way to obtain any unauthorized benefit, or for any other unauthorized purpose shall be a basis for immediate termination of your Triumph Account. ### 3.2 Acceptable Use and Restrictions. The rights granted to you in the Agreement are subject to the following rules for acceptable use and restrictions: (a) you shall not access or use the Platform for any purpose other than that for which Triumph makes the Platform available - namely the Services; (b) you shall not use the Platform in connection with any commercial endeavors except those that are specifically endorsed or approved by Triumph, including to advertise or offer to sell any goods or services on the Platform or to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; (c) except as expressly permitted by Triumph in advance in writing, you shall not license, sell, rent, lease, transfer, assign, distribute, or host the Platform to or for a third party; (d) you shall not trick, defraud, or mislead Triumph or other users, especially in any attempt to learn sensitive account information, such as user passwords; (e) you shall not attempt to impersonate another user or person or use the username of another user; (f) you shall not use any information obtained from the Platform in order to harass, abuse, or harm another person; (g) you shall not sell or otherwise transfer your Triumph Account; (h) you shall not make improper use of our support services or submit false reports of abuse or misconduct; (i) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Platform; (j) you shall not circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform or the content contained therein, nor attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform; (k) you shall only use payment methods for which you are the account holder; (l) you shall not disparage, tarnish, or otherwise harm Triumph or the Platform, as determined by Triumph in its discretion; (m) except as expressly stated herein or otherwise permitted by Triumph in advance in writing, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means (including by, e.g., scraping, mirroring, framing, embedding, or linking); (n) you shall not systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Triumph, nor shall you upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (o) except as may be the result of standard search engine or Internet browser usage, you shall not engage in any automated use of the Platform, such as using accounts created by automated means, using scripts to send comments or messages, using any buying or purchasing agent to make purchases from or through the Platform, or using any data mining, robots, or similar data gathering and extraction tools; (p) you shall not interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform; (q) you shall not upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform, nor use the Platform in any manner that interferes with another user’s uninterrupted use and enjoyment of the Platform (such as, e.g., excessive use of capital letters, spamming, the continuous posting of repetitive text, or other abusive, harassing, or obnoxious behavior, as determined by Triumph in its discretion); (r) you shall not harass, annoy, intimidate, or threaten any Triumph employee, agents, or service provider engaged in providing any portion of the Platform to you; (s) your use of the Platform shall at all times comply with all applicable laws and regulations and all applicable terms and conditions of any Third-Party Services (as defined below) upon which use of our Platform depends (as addressed further below); and (t) all copyright and other proprietary notices included within the Platform and on content made available through the Platform must be retained and not modified or obscured; (u) you shall not violate any agreement with Triumph Labs, Inc. or any of its subsidiaries, including any Vendor Agreement. ### 3.3 Modification. Triumph reserves the right, at any time, to modify, suspend, or discontinue the Platform, including the Portal or Services, or any part thereof, with or without notice. You agree that Triumph will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform, or any part thereof. Any future release, update, or other addition to functionality of the Platform shall be subject to the terms of this Agreement. ### 3.4 Ownership. Excluding User Data (as defined below), you acknowledge that all intellectual property rights in and to: (a) the Platform; (b) all names, logos and trademarks used with the Platform; and (c) all content made available by Triumph through the Platform, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, proprietary information, client- and server-side code (e.g., HTML, JavaScript, active server pages, VBScript, databases, or any other code files) are owned by Triumph or Triumph’s licensors. The provision of the Platform does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Triumph and its licensors reserve all rights not granted in this Agreement. ### 3.5 Third-Party Services. The Platform is designed to interoperate with certain third-party services that are not under the control of or maintained by Triumph (“Third-Party Services”), such as those that provide transactional and/or financial services to Triumph. Certain Third-Party Services are integrated into the basic operation of the Platform and certain Third-Party Services may be added by you for additional fees. You must agree to and you must abide by the terms and conditions of any applicable Third-Party Services, and your violation of the applicable terms and conditions of any such Third-Party Services shall be a violation of this Agreement. Triumph is not responsible for the content of, or any transactions you process on or through, any Third-Party Services. Triumph does not make any representations or warranties about Third-Party Services, or any information, materials, or products found thereon. To the extent that Triumph provides links or references to any Third-Party Services, you acknowledge that Triumph provides them to you solely as a convenience to you. In no event shall Triumph be liable for any loss, claim, damages, costs, or negative experiences that may arise in connection with your access to or use of any Third-Party Services independent of or not directly caused by the Platform, including, without limitation, any transactions processed by you on or through such Third-Party Services. ### 3.6 User Responsibilities. In connection with using the Platform and the Services each user is responsible for —and Triumph fully disclaims and is released from any responsibility for: (a) the user’s own devices and telecommunications connections, services, and fees, including for wireless, Internet, and other services. Specifically, and without limitation, the user shall bear the full risk of any malfunction, crash, or failure of the user’s device or connection (whether related to hardware or software or to low or no battery or power supply), for whatever reason; (b) the availability, quality, latency, and continuity of the user’s telecommunications connections and services. Specifically, and without limitation, the user shall bear the full risk of any malfunction, crash, or failure of the networks used to provide the user’s connection to the Platform, for whatever reason; ANY LOSS, LIMITATION, OR NEGATIVE EXPERIENCE A USER SUSTAINS IN CONNECTION WITH ANY OF THE FOREGOING SHALL NOT ENTITLE THE USER TO A REFUND OR ANY OTHER REMEDY. ### 3.7 Bank Secrecy Act - Anti-Money Laundering Policies You agree that you have read the Triumph BSA-AML Policy and that Triumph may take any action indicated under the BSA-AML Policy . By using the Platform you represent that you are not on any Specially Designated Nationals or Blocked Persons list (”SDN”) maintained by the US Office of Foreign Assets Control. You also represent that you are not listed on, or otherwise the target of, any applicable sanctions maintained by the European Union, any EU Member State, or the United Kingdom (including the UK Sanctions List and the Consolidated List of Financial Sanctions Targets). We may take any action permitted under our BSA-AML Policy and under applicable anti-money laundering, counter-terrorist financing and sanctions laws in the jurisdictions in which we operate. ## 4. USER CONTENT. ### 4.1 User Data. “User Data” means any and all information and content that is input into the Platform by or on behalf of a user except for any payment data. You acknowledge and agree that Triumph is not responsible for any User Data you provide except as outline in the Privacy Policy, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Triumph does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Data. ### 4.2 User Data Responsibilities. Triumph is not obligated to backup any User Data and you are solely responsible for creating backup copies of your User Data, if you desire. ### 4.3 Right to Remove Data. You agree that Triumph has the right to remove any content, including User Data, from the Platform at any time, with or without cause. Triumph also has the right to refuse, move, or block access to any material submitted on or through the Platform, and to establish general practices and limits concerning use of the Platform. The decision of whether or not to remove content from the Platform is within Triumph’s sole and complete discretion. Triumph has no obligations, contractual or otherwise, to take or refrain from taking any action. Under no circumstances will Triumph be liable for removing or failing to remove any content. ### 4.4 License. You hereby grant, and you represent and warrant that you have the right to grant, to Triumph an irrevocable, perpetual, non-exclusive, royalty-free and fully-paid, worldwide license to use, reproduce, distribute, publicly display and perform, modify, adapt, prepare derivative works of, incorporate into other works, and otherwise exploit your User Data, and to grant sublicenses of the foregoing, for the purposes of providing the Platform to you, for any specific purpose identified in connection with our solicitation or collection of your User Data, and as otherwise permitted by our Privacy Policy. More specifically, and without limitation, you agree that we may process your User Data to create aggregated and/or de-identified data sets used to improve the Platform, including to use such data for algorithm development, machine learning, and the creation and development of other features and functionality. For the avoidance of doubt, except where limited by applicable law, this license continues even after you stop using the Platform, including without limitation with respect to aggregate and/or de-identified data derived from your User Data and any residual backup copies of your User Data made in the ordinary course of our business. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Data. ### 4.5 Feedback. If you provide Triumph any feedback or suggestions regarding the Platform (“Feedback”), you hereby assign to Triumph all rights (including all intellectual property rights) in and to the Feedback and agree that Triumph shall have the right to use such Feedback and related information in any manner it deems appropriate. Triumph will treat any Feedback you provide to Triumph as non-confidential and non-proprietary. You agree that you will not submit to Triumph any Feedback that you consider to be confidential or proprietary. ## 5. VENDOR RELATIONSHIP AND TRANSACTIONS WITH TRIUMPH. ### 5.1 Vendor Agreements; Order of Precedence. The purchase and sale of collectible items and other goods between you (or the entity on whose behalf you act) and Triumph (including, without limitation, pricing, rates, submission and shipment requirements, title, risk of loss, inspection, acceptance, rejection, and payment terms) are governed by the applicable Vendor Agreements, which constitute Additional Terms. In the event of a conflict between this Agreement and a Vendor Agreement, the Vendor Agreement controls with respect to the commercial terms of such transactions, and this Agreement controls with respect to access to and use of the Platform. Nothing in this Agreement obligates Triumph to purchase any item from you, to accept any submission, or to maintain any pricing, rate, volume, program, or tier. ### 5.2 Business Use; Authority. The Platform is intended for business use by Triumph’s vendors and prospective vendors. If you access or use the Platform on behalf of a company or other entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, that such entity agrees to be bound by this Agreement, and that references to “you” in this Agreement include such entity. You represent and warrant that you have obtained and will maintain all licenses, permits, and registrations required to conduct your business and to transact with Triumph, and that your use of the Platform and your transactions with Triumph will comply with all applicable laws and regulations. ### 5.3 Independent Contractors; Non-Exclusivity. You and Triumph are independent contractors. Nothing in this Agreement or your access to or use of the Platform creates any employment, agency, partnership, joint venture, or franchise relationship between you and Triumph. This Agreement is non-exclusive: Triumph may transact with any other vendor or supplier, and, except as otherwise provided in your Vendor Agreements, you may transact with other purchasers. ### 5.4 Confidential Information. Through the Platform you may receive access to non-public information regarding Triumph and its business, including pricing, rates, buy lists, demand and inventory data, vendor network data, and product plans (collectively, “Confidential Information”). You agree to use Confidential Information solely in connection with your vendor relationship with Triumph, to protect such information using at least reasonable care, and not to disclose such information to any third party without Triumph’s prior written consent, except to the extent required by applicable law. This Section supplements, and does not limit, any confidentiality obligations set forth in your Vendor Agreements. ## 6. PAYMENTS AND TAXES. ### 6.1 Payments. Amounts payable to you in connection with your transactions with Triumph are determined under your applicable Vendor Agreements. Triumph may make payments through the Platform or through Third-Party Services, and may condition any payment on: (i) your completion of KYC Verification; (ii) your provision of required tax documentation as described in Section 6.2; and (iii) your compliance with this Agreement and your applicable Vendor Agreements. All payout accounts and payment methods designated by you must be owned by you or by the entity on whose behalf you act. Triumph may impose reasonable minimums, processing timelines, and verification requirements on payments, which will be disclosed through the Platform. ### 6.2 Taxes; Tax Documentation. You are solely responsible for all taxes associated with amounts paid to you under this Agreement or any Vendor Agreement, other than taxes on Triumph’s income. Prior to receiving any payment, you may be required to provide a completed IRS Form W-9 (or applicable IRS Form W-8) or other tax documentation reasonably requested by Triumph, and Triumph may file information returns (including IRS Form 1099) as required by applicable law. Triumph may withhold from amounts otherwise payable to you any amounts required to be withheld by applicable law. ### 6.3 Withholding; Offset; Errors. Triumph may withhold, suspend, or offset amounts otherwise payable to you to the extent reasonably necessary to: (i) investigate or remedy suspected fraud, error, or a breach of this Agreement or any Vendor Agreement; (ii) comply with legal or regulatory obligations (including anti-money laundering and sanctions obligations); or (iii) correct payments made in error. Triumph will release any withheld amounts not subject to the foregoing as soon as reasonably practicable. ## 7. ANTI-MONEY LAUNDERING. Users are explicitly prohibited from using the Platform to launder money, to conceal or disguise the nature or source of the proceeds of unlawful activity, to structure transactions to evade any reporting or recordkeeping requirement, or to engage in any transaction involving stolen, counterfeit, or otherwise unlawfully obtained goods. Any use of Triumph’s Platform other than to engage in good faith vendor transactions is strictly prohibited. Where Triumph determines, in its sole discretion, that a user has violated these terms: (a) Triumph may suspend and/or terminate the user’s Triumph Account; (b) Triumph may temporarily or permanently ban the user from the Platform, including through the user’s existing Triumph Account or any new Triumph Account; (c) Triumph may take any other action, including but not limited to legal action; and (d) Triumph may withhold amounts otherwise payable to the user to the extent permitted by applicable law. ## 8. PROHIBITED CONDUCT. ### 8.1 Prohibited Conduct. The following is a non-exhaustive list of prohibited conduct: (a) utilizing a virtual private network (VPN) or any other means to disguise, obscure, or misrepresent your IP address or physical location; (b) not providing or maintaining accurate information within a Triumph Account (including using fake phone numbers); (c) opening or operating more than one Triumph Account; (d) conducting or attempting to conduct fraudulent financial transactions through the Platform (including fraudulent payment card charge-backs and other transactions); (e) exploiting an error in the Platform that is not in accordance with the intent indicated or in good faith; (f) using a jailbroken device or any device with software not intended to run on the device which the platform is running on. (g) using phone numbers for account creation or referral that are not issued by a cell phone provider and linked to a single device or subscriber identity module (SIM) card. ### 8.2 Consequences. Where Triumph determines, in its sole discretion, that a user has breached this Agreement: (a) Triumph may suspend and/or terminate the user’s Triumph Account; (b) Triumph may temporarily or permanently ban the user from the Platform, including through the user’s existing Triumph Account or any new Triumph Account; (c) Triumph may take any further action, including but not limited to legal action; and/or (d) the user is subject to forfeiture of the entire balance of funds or amounts otherwise payable to the user. We may only permanently confiscate funds to the extent reasonably necessary to (i) reverse or prevent the benefit of cheating, fraud or other serious breach of this Agreement, (ii) comply with our legal or regulatory obligations (including anti-money laundering and sanctions obligations), or (iii) compensate Triumph or other users for losses directly caused by your breach. Otherwise, we may freeze funds while we investigate but must return any remaining lawful funds to you where we are legally permitted to do so. ## 9. INDEMNITY. You agree to indemnify and hold Triumph and its affiliates, and its and their directors, officers, members, principals, owners, employees, agents, representatives, contractors, successors, and assigns, harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Platform; (ii) your User Data; (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Triumph reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Triumph. Triumph will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. ## 10. DISCLAIMERS YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT FOR THOSE WARRANTIES MADE AND EXPRESSLY IDENTIFIED AS WARRANTIES BY TRIUMPH, TRIUMPH DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE PLATFORM; (B) ANY PRODUCTS AND SERVICES OFFERED OR MADE AVAILABLE THROUGH THE PLATFORM; (C) THE ACTS OR OMISSIONS OF USERS THROUGH THE PLATFORM; (D) THIRD- PARTY SERVICES ON WHICH THE PLATFORM DEPENDS OR WITH WHICH THE PLATFORM INTEROPERATES; AND (E) ANY TRANSACTIONS INITIATED OR PROCESSED BY YOU ON OR THROUGH SUCH THIRD-PARTY SERVICES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. TRIUMPH MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED OR MADE AVAILABLE THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. TRIUMPH ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN SUCH JURISDICTIONS AND ONLY TO THE EXTENT DISALLOWED THIS DISCLAIMER WILL NOT APPLY. ## 11. LIMITATION OF LIABILITY AND RELEASE. ### 11.1 Limitation of Liability To the maximum extent permitted by applicable law and notwithstanding any other provision of this Agreement, in no event shall Triumph or any of its affiliates or suppliers (including any of its or their partners, officers, directors, members, managers, owners, principals, employees, agents, contractors, successors, or assignees) be liable to you for any indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), or for any damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or use of products, lost profits, revenue or savings (actual or anticipated), or other economic loss ensuing from or in connection with (a) the platform; (b) any products and services offered or made available through the platform; (C) any acts or omissions of users of the platform; (D) third party services which the platform uses or interoperates with; or (e) any transactions initiated or processed by you on or through such third-party services, even if Triumph or any of its affiliates or suppliers has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, gross negligence, or, where applicable, death or personal injury caused by our negligence. If you are a consumer resident in the European Economic Area or the United Kingdom, your statutory rights are not affected by this clause. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRIUMPH AND ITS AFFILIATES AND SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PRINCIPALS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNEES) TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE TO TRIUMPH BY YOU UNDER THIS AGREEMENT, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), AND EVEN IF TRIUMPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. ### 11.2 Waiver of Claims. EACH TIME YOU ACCESS THE PLATFORM, EXCEPT WITH RESPECT TO ACCESS AND USE OF THE MOBILE TOOL, YOU EXPRESSLY RELEASE ANY AND ALL CLAIMS YOU HAVE AGAINST TRIUMPH SUCH RELEASE INCLUDES A WAIVER UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA WHICH READS AS FOLLOWS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” ## 12. TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force from the date you agree to it until such time as it is terminated. We may (a) suspend your rights to use the Platform (including your Triumph Account), (b) terminate this Agreement, and/or (c) ban you from the Platform at any time and for any reason whatsoever, at our sole and complete discretion. Upon termination of this Agreement, your Triumph Account and right to access and use the Platform will terminate immediately. You understand that any termination of your Triumph Account may involve deletion of some or all of your User Data from the Platform or our databases. Triumph will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Triumph Account or deletion of your User Data. ## 13. COPYRIGHT POLICY. Triumph seeks to respect the intellectual property of others and asks that users of our Platform do the same. In connection with our Platform, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that any portion or content of our Platform unlawfully infringes the copyright(s) in a work and you wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to us by email to : (a) Your physical or electronic signature; (b) Description of the copyrighted work(s) that you claim has been infringed; (c) Description of the material on our services that you claim is infringing and that you request us to remove; (d) Sufficient information to permit us to locate such material; Your address, telephone number, and e-mail address; (e) A statement that you have a good-faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that any misrepresentation of material fact (falsity) in a written notification may subject the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. ## 14. DISPUTE RESOLUTION Please read this Section 14 carefully. It requires you to arbitrate disputes with Triumph on an individual basis and limits the manner in which you can seek relief. ### 14.1 Choice of Law. This Agreement, and any dispute arising out of or relating to it or the Platform, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions, except as set out below for EEA/UK consumers, and except that the Federal Arbitration Act (9 U.S.C. §§ 1–16) ("FAA") shall govern the interpretation and enforcement of Section 14 of these Terms of Use and any question of whether a dispute is subject to arbitration. To the extent there is any conflict between the FAA and California law with respect to arbitrability or the enforcement of the agreement to arbitrate, the FAA shall control. If you are a consumer who is habitually resident in the European Economic Area or the United Kingdom, nothing in this Section 14.1 limits your rights under the mandatory consumer protection laws of your country of residence. In that case, you may bring proceedings in the courts of your country of residence, and any mandatory arbitration provision in Section 14 (including application of the FAA to questions of arbitrability) shall apply only to the extent permitted by applicable law. ### 14.2 Informal Dispute Resolution. Before initiating any arbitration or court proceeding, you and Triumph agree to first attempt to resolve any dispute informally for a period of sixty (60) days. To begin the informal resolution process, a party must send the other party a written Notice of Dispute (“Notice”) by certified mail or, if to Triumph, by emailing us at with a copy sent by certified mail to our address identified in this Agreement below (“Notice Address”). The Notice must include: (a) the claimant's name and contact information; (b) a description of the nature and basis of the dispute; (c) the specific relief sought, including the amount of any monetary claim; and (d) any supporting documentation. The parties agree to negotiate in good faith during this sixty (60) day period. If such efforts prove unsuccessful within sixty (60) days after the Notice is received, either party may proceed to arbitration or Small Claims Court as set forth below. ### 14.3 Arbitration Agreement. Except as otherwise stated in this agreement below, disputes, claims, and controversies between you and Triumph arising out of, relating to, or in connection with the Platform, the relationship between you and Triumph, and any interpretation or application of these Terms of Use or this arbitration provision shall be resolved exclusively through final and binding individual arbitration, rather than in court, and administered by the American Arbitration Association (“AAA”) under its then-current consumer arbitration rules. Unless otherwise agreed by the parties, required by the AAA Rules, or conducted remotely pursuant to the aforementioned rules, the place of arbitration shall be San Francisco, California. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. The arbitration shall be conducted by a single arbitrator with experience in consumer and/or technology disputes. The arbitrator shall apply California substantive law consistent with the FAA, shall follow applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of competent jurisdiction, including injunctive or declaratory relief, but only to the extent necessary to provide relief warranted by the individual claim. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. This arbitration agreement is subject to the Federal Arbitration Act and evidences a transaction involving interstate commerce. The arbitrator’s award may be entered in any court of competent jurisdiction. If the AAA is unable or unwilling to administer the arbitration, the parties agree that JAMS shall administer the arbitration under its applicable consumer rules. If neither the AAA nor JAMS is available, the parties shall agree on an alternative arbitration forum, or a court of competent jurisdiction shall appoint an arbitrator. For claims of $25,000 or less, you may elect for the arbitration to be conducted: (i) in the county where you reside; (ii) in San Francisco County; or (iii) entirely by telephone or videoconference; or (iv) based solely on written submissions (documents-only arbitration). To file for arbitration, you must pay AAA’s $225 filing fee. If you cannot afford the fee, you may apply to AAA for a fee waiver. Triumph shall pay all other fees related to the arbitration, including administration fees, arbitrator fees, and other costs for any arbitration initiated in accordance with this Section 14. If applicable law requires Triumph to pay a greater share of such fees and costs, Triumph shall do so. Each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable attorneys' fees and costs to the prevailing party, or unless applicable law otherwise requires the award of attorneys' fees. Nothing in this Section 14.3 limits any statutory rights to recover costs or fees that cannot be waived under applicable law. Notwithstanding any provision in this Agreement to the contrary, if Triumph makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) for which you had already provided notice to Triumph. Information on AAA and how to start arbitration can be found at [www.adr.org](http://www.adr.org). ### 14.4 Class Action and Jury Trial Waiver; Severability of Waivers. YOU AND TRIUMPH AGREE THAT EACH 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. ANY ARBITRATION UNDER THIS SECTION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of class, consolidated, or representative proceeding. YOU AND TRIUMPH EACH WAIVE THE RIGHT TO A JURY OR BENCH TRIAL IN COURT. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable, except that either party may ask a court to determine the validity of the class action waiver in this Section, but only to the extent such right may not be waived under applicable laws. If the class action waiver in this Section is found to be invalid or unenforceable as to a particular claim, request for relief, or controversy, neither you nor we will be entitled to arbitration as to that claim, request for relief, or controversy, and that claim or request for relief shall be severed and may proceed in a court of competent jurisdiction pursuant to Section 14.7. The remaining claims, requests for relief, and controversies shall continue in individual arbitration. The invalidity of the class action waiver as to any particular claim shall not invalidate the agreement to arbitrate or the class action waiver as to any other claim. ### 14.5 Exceptions to Arbitration. Per AAA rules, either party may bring an individual action in small claims court if the claim falls within that court’s jurisdictional limits. Prior to initiating any dispute in Small Claims Court, Section 14.2 of these Terms of Use still applies. The party initiating such dispute will provide a Notice to the other party of the potential claim and their ability to select between arbitration pursuant to paragraph 14.3, above, or Small Claims process identified in this section. The informal dispute resolution process will proceed as described in Section 14.2 of these Terms of Use. For clarity, if a claim has been filed with the AAA and a party elects to proceed in small claims court, the AAA Rules shall govern the process for transferring or closing the arbitration case. The informal dispute resolution process in Section 14.2 must be completed before initiating any proceeding under this Section. These Terms of Use do not preclude either party from seeking emergency injunctive relief in a court of competent jurisdiction pending arbitration or from exercising any rights that cannot be waived as a matter of applicable law, including the right to submit claims to any governmental or regulatory body with jurisdiction. ### 14.6 Confidentiality. The parties agree that 1) the arbitration proceeding; 2) any ruling, decision, or award by the arbitrator; and 3) all materials, testimony, and evidence submitted therein; shall be kept confidential, except that either party may disclose information as necessary: (a) to prepare for or conduct the arbitration; (b) in connection with a court application for emergency or provisional relief or to confirm or enforce the arbitration award; (c) as required by applicable law, regulation, or order of a court or governmental body; (d) as required by any applicable regulatory authority; or (e) as reasonably necessary to enforce or protect a party's legal rights. ### 14.7 Forum Selection. If any dispute is determined by a court of competent jurisdiction or by the arbitration administrator to be ineligible for arbitration, or if arbitration of a Dispute is otherwise unavailable or unenforceable, you and Triumph agree that any such Dispute shall be filed exclusively in the state or federal courts located in San Francisco County, California, and each party consents to the personal jurisdiction and exclusive venue of such courts. You and Triumph each waive any objection to jurisdiction or venue in such courts, including any objection based on inconvenient forum. ### 14.8 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this, Section 14, other than a change to the Notice Address, while you are a user of the Platform, you may reject any such change by sending Triumph written notice within thirty (30) calendar days of the change to and the Notice Address. Your notice must include your name, the email address associated with your account, and a statement that you reject the change to Section 14. By rejecting any future change, you are agreeing that you will arbitrate any dispute between yourself and Triumph in accordance with the version of Section 14 in effect immediately prior to the change. Rejection of a change to Section 14 does not terminate your account or your right to use the Platform. ### 14.9 Severability and Survival. If any provision of this Section 14 is found to be unenforceable, the remaining provisions shall remain in full force and effect. Without limiting the foregoing, if any portion of Section 14 is found to be unenforceable, the parties agree that the remaining portions of Section 14 shall continue to apply, and the unenforceable portion shall be construed to the maximum extent permitted by applicable law. This Section 14 shall survive termination of this Agreement and your use of the Platform. ## 15. CONSENT TO RECEIVE NOTICES ELECTRONICALLY. You consent to receive electronically any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which this Agreement refers including, without limitation, by e-mail, posting information and materials online at the Portal, or other electronic communication technology that may hereafter be adopted or developed. You agree that all Notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed under the Privacy Policy. ## 16. GENERAL. ### 16.1 Availability. Triumph will make reasonable efforts to keep the Platform operational. However, certain technical difficulties, routine maintenance/upgrades and other events outside the control of Triumph may, from time to time, result in temporary interruptions to the Platform. In addition, Triumph reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Portal, the Mobile Tool, or Services or the entirety of the Platform, with or without notice. ### 16.2 No Support or Maintenance. You acknowledge and agree that Triumph will have no obligation to provide you with any support or maintenance in connection with the Platform. ### 16.3 Changes to Terms of Use. You agree that Triumph may modify this Agreement at any time by adding new terms or by deleting or amending existing terms. Such modifications will be effective as of the date that the updated terms are posted on Triumph’s website or through the Platform (“Effective Date”). If Triumph makes material changes to this Agreement, Triumph will provide notice through the Platform or by email and may require that you affirmatively accept the updated Agreement in order to continue using the Platform. Your continued access to and use of the Platform after the Effective Date constitutes your acknowledgment of such modifications and your agreement to abide, and be bound, by the Agreement as modified. If you do not accept such modification(s), then you must stop using the Platform. ### 16.4 Access and Use Where Prohibited. Access to and use of the Platform are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement. ### 16.5 Access and Use from Eligible Locations. Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the Platform are solely directed to individuals located in the locations in which such services are allowed. Triumph reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Platform is void where prohibited. ### 16.6 Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Triumph of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Triumph. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Triumph’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. In the event Triumph’s performance of this Agreement, or any obligation hereunder, is prevented, restricted, or interfered with by reason of acts of God or of the public enemy, acts of the Government in its sovereign capacity, fires, floods, epidemic, pandemic, public health emergency, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the reasonable control and without the fault or negligence of Triumph, Triumph shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference. If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid. ## 17. ADDRESS FOR NOTICES & CONTACT INFORMATION. Triumph Labs, Inc. ATTN: Legal/Business Affairs 1265 Battery Street, 4th Floor San Francisco, CA 94111 With a required copy to: Triumph support may be reached at: # Frequently Asked Questions (Regulatory and Legal) *Updated September 8, 2025* ## WHAT EXACTLY IS A SKILL BASED GAME? The simplest definition for a skill-based game is a game in which the outcome is determined primarily by physical or mental skill rather than purely by chance. These are often characterized in law as bona fide contests of skill. A very common definition found in many states is a “bona fide contest of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries.” Most people are probably familiar with winning prizes for skill-based games in the context of carnival or county fair games, for example as the “Ring Toss” (tossing rings around targets), the “Balloon Pop” (popping balloons with darts), or the “High Striker” (hitting a target with a sledgehammer that sends a measuring device upwards). In each case a player pays for a chance to play the game each of which requires some type of skill or strength and depending upon success is able to win a prize, sometimes cash but usually a large stuffed animal. More high profile examples of real cash prizes for skill-based contests abound: the Professional Golfers Association (PGA) Tour where the 2021-2022 season prizes total over $481 million and where individual tournaments takes place in a variety of U.S. states, the Iditarod dog sled race across Alaska where the total purse is over $500,000, or the classic basketball halftime half-court shot contest where the prize is usually a car. Fans of esports and video games might be familiar with the “The International” competition for Dota 2, the “Fortnite World Cup Finals”, or the “LOL (League of Legends) World Championship”. One could argue, and many online poker companies have argued, that skill-based games exist in most casinos today in the form of poker. In fact, some courts have found that certain poker games such as Texas Hold’em are in fact skill-based, though unfortunately most states have not. Although fantasy sports and daily fantasy sports are most often regulated under a different set of laws with their own regulations, they are considered by a few states to be skill-based, as the knowledge of the players and their performance statistics can be the dominant factor in determining a win. Today, skill based games with real cash prizes are available through major media and internet companies such as Google, Apple, and Yahoo. It is only recently that the application of skill-based contests to esports and video games for recreational players has occurred. ## ARE REAL-CASH SKILL-BASED TOURNAMENTS THE SAME AS GAMBLING? You may be surprised to learn that paying to enter into and winning prizes in a skill- based contest is not considered to be gambling in the majority of US states and many countries worldwide. That is why a carnival operator can give the winner of the Balloon Pop a giant teddy bear and why the first place winner at the PGA’s Waste Management Phoenix Open wins $1,476,000. The most widely accepted legal definition of gambling requires three specific things: (1) the award of a prize, (2) paid-in consideration (entrants pay to compete), and (3) an outcome determined by chance. A competition that awards real-cash prizes is not gambling unless all three of the elements are present. With respect to skill-based gaming the most relevant element is that of chance. There are two major legal tests used in the U.S. regarding whether something is considered “chance” that would make a game be considered to be gambling, each test considers the level of chance in a game. These tests are called the “dominant factor test” and the “material element test”. The dominant factor test is the most common U.S. state legal test used to determine whether a game is skill-based or chance-based. Essentially, if chance has more than the majority of the effect of determining a winner or score in a game then a game will fail the dominant factor test, if skill makes up more than the majority then it will pass the test. A clearly skill-based game, for example, is chess where there is no chance during gameplay that effects the game. An example with more chance is Scrabble, the letters in your hand and what order players play in are determined by chance but how you play the letters and for the score obtained is highly skill dependent. Scrabble is so skill dependent in fact that the top Scrabble players in the world often come from the same small group of people. Given that there is some chance but that skill is the major or dominating factor Scrabble would pass the dominant factor test. The material element test is the second most commonly used test in the U.S. It is used by a handful of states to determine whether a game is skill-based or chance-based. The test asks whether chance plays a significant or material role in determining the outcome of a game. For example in the game Backgammon players generally use a great deal of skill, but the roll of the dice is random with the result being that a series of good or bad rolls can determine the winner or loser of the game despite the skill used. Some states have determined that such a game has a material element of chance – the dice rolls – and as a result would not be considered a game of skill. Although skill is dominant, chance plays a significant role in determining the game's outcome. As may be clear the “Material Element” test is a more restrictive test than the Dominant Factor test. Games which are considered skill-based under the material element test will also pass the dominant factor test. There are a number of other unique limitations in different states, for example, some states do not allow any card games to be considered as skill-based, others exclude dice games, some consider certain types of poker to be included, and others do not. Triumph tracks and limits real-money cash tournaments use in jurisdictions where the game to which it is applied is not allowed. To make sure that the real-cash games are allowed in the jurisdictions were the tournaments can be played Triumph applies a rigorous compliance screening process to ensure that each game meets either the applicable legal test in the jurisdictions in which it offers the games to the public. As a result the outcomes of each game in the Triumph system are not determined by chance but rather by a player's skill or ability. Triumph’s selection of games, its screening process, and its ongoing compliance activities are what allows Triumph to offer its tournaments in the majority of U.S. states and many non-U.S. countries. ## WHAT SERVICES DOES TRIUMPH PROVIDE? Triumph operates a digital platform that handles player matching, legal compliance, anti- cheating, player account management, tournament design, leader board tracking, cross-marketing, and other features that integrate with digital games. The Triumph platform allows game developers to focus on what they do best – design fun games and lets players take their gaming to the next level in competitions for real-cash prizes. As we love games and gaming we also publish our own games which use the Triumph platform. If you are a game developer and are interested in integrating the Triumph Platform you can apply [here](https://x3yr5352ed3.typeform.com/to/ZfRU1E8E?typeform-source=www.triumpharcade.com). ## WHAT CRITERIA DOES TRIUMPH USE TO DETERMINE WHICH GAMES ARE SKILL-BASED? Triumph applies a rigorous initial screening and ongoing compliance review of its games to ensure that they meet applicable legal standards. The initial review process includes an analysis of chance-based elements in either gameplay or the awarding of score, collection of game compliance information from developers, analyzing starting conditions creation and/or map and feature generation, obtaining and applying advanced statistical analysis to gameplay data, and a very rigorous qualitative analysis – a fancy way of saying we spend a lot of time playing the games. The following are a few key issues we consider in determining whether a game is skill based and whether awarding real-cash or other valuable prizes is allowed or not: Are points awarded based on skill? For example, is a target that is harder to hit worth more than a target that is easier to hit. Are there elements of chance in awarding points? As would be the case, if for example, targets of similar difficulty to hit had different points associated with them or random or variable points. How are ties or draws handled between players? In a draw scenario Triumph returns player entry fees to each player less the Triumph fees. Does the game's format allow a skilled player to consistently outperform a less skilled competitor? Here we use a variety of gameplay statistical analyses. Is the game free of critical decisions that can only be made by guessing? For example, the game Battleship under original rules requires guessing, however, if a person is provided a short opportunity to view the opposing players board such that memorization is important it may become a game of skill. Are there clearly defined and articulated rules? Triumph provides gameplay rules for each game - usually they are quite simple – and also provides the opportunity to practice each game. Is there a predetermined chances of success? This would be true, for example, if in a multiplayer game only a subset of players were allowed to continue regardless of score or skill. Do random events exist that materially affect the gameplay? For example, in PacMan if the ghosts were randomly placed on the game map as opposed to coming from known locations. Is increased score in the game dependent on skill level? Here statistical analysis helps identify players scores and connects their scores to skill in the game. Is the value of the prizes associated with increased score, such that higher scores are awarded higher value prizes? This may not be the case if the points awarded are random or subject to random multipliers. Is it possible to “seed” randomness in a head to head game? Taking the PacMan example, in a head to head game, we’d make sure the ghosts are generated in the same location for each player. After release Triumph’s maintains on ongoing compliance review for each games includes tracking game updates for variances from the initial screening and the collection and analysis of gameplay data. As Triumph was founded by big-data experts we use the large amounts of game data generated to help create fun tournaments and the best gameplay environments for players, for example, in some cases through skill- based matching, as well as to ensure compliance with the applicable legal tests through the use of a variety of statistical models. One of the most important statistical models we create is a modified [Elo rating system](https://en.wikipedia.org/wiki/Elo_rating_system). This is a rating system applicable to skill-based games that you may be familiar with if you have ever seen a Chess score. The Elo rating system is a mathematical method that identifies a player’s chance of winning between two players of the same game. Being able to create and track changes in player Elo scores and related statistical analysis derived from it, for example player improvement over time, provides a basis for determining and ensuring a game is, in fact, skill-based and to what extent. ## WHAT IS THE LEGAL STATUS OF SKILL-BASED TOURNAMENTS IN THE UNITED STATES? Federal law in the United States does not prohibit skill-based real-money tournaments. The Unlawful Internet Gambling Enforcement Act of 2006 is the most significant piece of legislation in this regard and it restricts financial transactions associated with "betting or wagering" if the "betting or wagering" is illegal where it is initiated or received. As skill- based games are not considered gambling in the jurisdictions in which they are offered by Triumph they are exempt from the UIGEA. Said another way, there is no federal prohibition applicable to Triumph games as long as the player’s activity is legal in the state or jurisdiction where it originates and in the state or country where the prize is received. As you can imagine Triumph staff spend a lot of time tracking the changes in legal status and insuring that the players are located in the proper jurisdiction. ## WHERE DOES TRIUMPH OFFER REAL-CASH PRIZES IN ITS COMPETITIONS? As previously stated, the legality of skill-based competitions in the United States is determined at the state level, and Triumph has taken extensive measures to ensure that its products are fully compliant with all applicable laws. As of today, Triumph provides real-cash prize competitions in jurisdictions covering over 75% of the U.S. population excluding only: Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Kentucky, Louisiana, Maine, Maryland, Mississippi, Montana, Nebraska, New Hampshire, New Medico, South Carolina, Tennessee, Puerto Rico, and Washington. We continue to track changes in law with or without the addition of compliance features to offer skill-based games where allowed. ## HOW DOES TRIUMPH MAKE SURE THAT MY PLAYING OF ITS GAMES IS ALLOWED? Triumph’s platform uses global positioning system (GPS) data to make sure that a player is in a location where playing the Triumph games for real-cash prizes is allowed. You can sign up for an account anywhere and withdraw money from your account from anywhere but you will not be able to play the games in jurisdictions in which real-cash competitions are not allowed. We also check for virtual private network (VPN) use and disallow gameplay from devices employing VPN systems – apologies to those of you trying to play at work! ## HOW FAIR ARE THE TRIUMPH GAMES? Triumph takes the fairness of gameplay very seriously as it is important to creating a great gameplay environment for players as well as for compliance purposes. In order to make sure the games are fair we use digital technology to check devices on which games are played for functions that would allow for cheating, we publish the gameplay rules in its Terms of Use or in the game itself, depending on the game or tournament type we may apply some level of skill-matching, and we provide the opportunity to play the games for free – in fact we may pay you to learn our games - just select “Practice” in most Triumph games. We also take our Terms of Use seriously and ban players who violate them. ## STILL NEED TO CONTACT US? For customer support related to skill-based tournaments or accounts email . For legal, regulatory, and compliance support email . # Frequently Asked Questions (TCG) *Updated: June 5, 2025* ## **HOW DO I WITHDRAW MONEY FROM RIPS BY TRIUMPH?** Click on the cash out tab on the top of the Account tab. You can withdraw to a debit card, bank account, and subject to availability your PayPal, or Venmo account. Prior to withdrawing you will need to complete and pass an identity verification that requires that you be over the age of 18, have a government issued identity card, and pass a liveness test. ## HOW LONG DOES IDENTITY VERIFICATION TAKE? \ Identity verification usually takes twenty-four hours. If your verification is pending for more than forty-eight hours, please contact customer service by clicking on the “Customer Support” button in the “Account” tab of your Rips app. ## HOW LONG WILL THE WITHDRAWAL TAKE ONCE I AM VERIFIED? If you choose the option for instant withdrawal the average time is approximately ten minutes. If you choose to payout to a bank it will take between one to three business days. ## DO I HAVE TO PAY TAXES ON THE AMOUNTS I GAIN FROM SALES OF CARDS I HAVE PURCHASED? Yes. You are responsible for paying taxes on any gains related to the sale of card purchases. Rips will automatically collect your tax information when you exceed a threshold of $600 in a year and will submit tax forms at the end of each year. Withdrawals will be paused once you exceed $600 until such time as the tax forms are completed. ## MY IDENTITY VERIFICATION FAILED. WHAT’S UP? Identity verification is accomplished through the third-party service, Footprint. If you failed identity verification it will go to a manual review. If you do not pass a manual review, you will be required to submit notarized documents that provide proof of your identity. If you are unable to submit such documents your account will remain unable to withdraw or to ship cards. ## WHY CAN’T I WITHDRAW MY ENTIRE BALANCE? Rips imposes both purchase and deposit limits to combat fraud and as a result of limits imposed by our payment processors. A minimum withdrawal amount of $5 is required to reduce the cost of micro-transactions. In Triumph’s discretion and based on your transaction history both the purchase and withdrawal limit may be increased. ## WHERE CAN I READ TRIUMPH’S TERMS OF USE AND PRIVACY POLICY? \ Links to both can be found in your “Account” tab in your Rips app. ## HOW DO YOU CALCULATE FAIR MARKET VALUE? Rips determines the Fair Market Value (“FMV”) of its collectibles through the use of a semi-automated proprietary system that may take into account, but is not limited to the following (the "FMV Factors"): (i) the rarity; (ii) previous sales; (iii) previous sales of similar items; (iv) the difficulty in time and expenses and risk of purchasing a similar collectible item; (v) general market dynamics relevant to the specific collectible or type of collectibles; same item; (vi) professional grading scores and encapsulation / packaging status; (vii) provenance, history, additional features, or modifications of a specific collectible; (viii) authenticity certainty level; (iix) average time-to-sale for similar items; (ix) signatures or other similar additions to the collectibles and their rarity, certainty related to authenticity, and other features related specifically to such signatures or markings. The FMV used by Triumph is subject to change at any time, since several of the datapoints are automatically gathered and updates may cause a recalculation of the FMV. For example, if a specific card that Triumph has in its inventory previously sold for $3,000 and a new sale was registered for $5,000 the FMV used by Triumph is likely to increase. Rips makes no representation that any FMV will remain stable or that the weight and use of any FMV Factors will remain unchanged and makes no representation that the FMV it uses matches any other market calculation. ## WHAT IS RIPS’ 100% BUYBACK GUARANTEE? Rips guarantees that it will buy back any card in your Inventory at the then-in effect FMV for a minimum of seven days from your date of purchase. After seven days Triumph may withdraw its buyback offer. The guarantee may be changed at any time on seven days’ notice given through an update to this FAQ and the Terms of Use. ## WHY AM I UNABLE TO SHIP? To protect against fraud and theft Rips requires all users to complete and pass identity verification prior to shipping any cards. If you have not completed or your verification is still pending you will be unable to ship your Inventory. ## DO I HAVE TO PAY TAXES ON SHIPPING? You will be charged applicable sales tax at the time that you ship any of your owned Inventory. You are responsible for providing this amount to Rips, through a debiting of your Rips account balance, prior to any shipment being released. ## WHAT ARE MY SHIPPING OPTIONS? \ If you choose to ship your Inventory you will be provided a variety of options that include tracking. You may add insurance at your discretion. If a collectible’s FMV is over $1,000 then Rips will pay for insurance. ## WHO IS RESPONSIBLE FOR SHIPPING? You are responsible for paying for all shipping costs, including tracking. We provide you the option to purchase insurance for your shipment where the collectible being shipped’s FMV is below $1,000, if the collectible you are shipping has a FMV equal to or greater than $1,000 you will be required to purchase insurance prior to shipping. Upon shipment you will be provided with a tracking number. Once Rips delivers the package to the shipping company it is no longer responsible. ## WHAT IF MY PACKAGE NEVER ARRIVED OR WAS DAMAGED? Rips is not responsible for any package (except for Inventory errors) once it is marked as delivered by the shipping company. In the event that a package is marked as delivered but was not received by you please contact the shipping service directly. If your package did not arrive or has not moved location for 5 business days (excluding weekends and holidays) please contact customer support in the app. \ \ If your item arrived in a damaged condition or is not the item you should have received you must contact customer support within 10 business days. Any item that is damaged or incorrect may be required to be returned to the company prior to a refund being provided. To contact customer service in the app click on “Customer Support” in your “Account” tab in the Rips app. Please be aware that Rips digitally tracks and records every shipment and a false reports are grounds for immediate termination of your account. ## WHAT IF THERE IS AN INVENTORY ERROR? Please examine your tracking number and the collectible you received closely. If the collectible you received is not correct you may report it to customer service in the app by clicking on “Customer Support” in your “Account” tab in the Rips app. Please be aware that Rips digitally tracks and records every shipment and a report of an inventory error that is not substantiated by our digital record is grounds for immediate termination of your account. ## STILL NEED TO CONTACT US? For customer service click on “Customer Support” in your “Account” tab in the Rips app. If you are unable to access the Rips app you may email Customer Support at . # Responsible Gaming Policy **Responsible Gaming Policy** At Triumph Labs, Inc. we are committed to promoting responsible gaming practices and ensuring the well-being of our users. Although skill-based real money gaming is legally different than gambling and skill is the determining factor in outcomes individuals may find themselves unable to play responsibly. We recognize that gaming should be an enjoyable and entertaining experience, and it is our responsibility to support our users in making informed choices about their gaming habits. To uphold this commitment, we have implemented the following Responsible Gaming Policy: 1. **Self-Exclusion:** Users who feel they need a break from gaming or want to exercise control over their gaming activities may request to self-exclude. Self-exclusion can be initiated by contacting our support team by text message from a phone associated with the contacting users account or through the support chat feature on the Triumph App. Upon receiving a self-exclusion request, our staff will promptly mark the user's account as banned from gaming activities pursuant to this policy. The self-exclusion period will be determined by the user, with options ranging from temporary suspension to permanent exclusion. If a user requests permanent exclusion they will not be able to use the app with their existing phone number. During the self-exclusion period, users will be unable to access their user wallet or participate in any real-money gaming activities but can play free games using the Triumph App if not logged into an account. 2. **Account Balance:** Prior to requesting self-exclusion, a user should withdraw all funds from their account. A user who has requested exclusion will not be able to retrieve funds left in their Triumph account. Please note that deposits are non-refundable regardless of exclusion status and only winnings may be withdrawn, please see Terms of Use. 3. **Support and Resources:** We provide resources and information to help users make informed decisions about their gaming habits. Our support team is available to assist users who may have concerns about their gaming behavior or who require further assistance with self-exclusion. We encourage users to reach out for support if they feel they are experiencing gaming-related issues or if they need guidance on setting limits. Support can be found on the websites and helplines attached to this policy. 4. **Responsible Gaming Tools:** From time to time we may offer a range of tools and features to empower users to manage their gaming activities responsibly. For additional tools that may be available please contact customer support in the Triumph application. We do not guaranty that any tool may be available or that we will maintain the functionality of any tool. 5. **Promotion of Responsible Gaming:** We actively promote responsible gaming practices through our marketing materials, website, and app. We collaborate with industry organizations and regulatory bodies to support responsible gaming initiatives and advocate for player protection measures. 6. **Continuous Improvement:** We continuously review and update our Responsible Gaming Policy to ensure it remains effective and aligned with best practices in the industry. Feedback from users and stakeholders is welcomed and considered in our ongoing efforts to enhance our responsible gaming measures. 7. **Video Game Addiction** - **IMPORTANT HEALTH AND GAMEPLAY NOTICE** **Playing Responsibility** Video games are intended for entertainment and should be enjoyed as part of a balanced lifestyle. However, excessive or compulsive gaming can lead to negative effects on your health, relationships, and daily responsibilities. **Potential Risks of Excessive Gaming:** * Disruption of sleep patterns and fatigue * Neglect of personal relationships, work, or academic responsibilities * Physical health issues including eye strain, headaches, and repetitive stress injuries * Reduced physical activity and associated health concerns * Social isolation or withdrawal from real-world activities * Financial problems related to in-game purchases or neglected obligations **We Encourage Healthy Gaming Habits:** * Take regular breaks (at least 10-15 minutes every hour) * Maintain a balanced schedule with time for physical activity, social interaction, and other responsibilities * Set reasonable time limits for gaming sessions * Be mindful of your spending on in-game purchases * Monitor children's gaming time and content **Seek Help If Needed:** If you or someone you know is experiencing difficulty controlling gaming habits, or if gaming is interfering with daily life, relationships, or well-being, please consider reaching out to a mental health professional or contacting a gaming addiction support resource. Remember: Gaming should enhance your life, not replace it. Video Game Addiction support service contact information is provided below. Seek help if you are experiencing any harmful effects. **Conclusion**: At Triumph, we take our responsibility to promote responsible gaming seriously. By implementing robust policies and providing support resources, we aim to create a safe and enjoyable gaming environment for all our users. We are committed to fostering transparency, accountability, and trust in our gaming platform, and we encourage our users to join us in prioritizing responsible gaming practices. Triumph acknowledges that participation in real-money, skill-based gaming and prize-based contests may, for some individuals, develop into compulsive play that causes financial, emotional, or interpersonal harm. By using Triumph, you confirm that you meet the legal age requirement in your jurisdiction, accept these risks, and will play only with funds you can afford to lose. Triumph makes no representation that its products are free from risk of addictive behavior. Self-exclusion and other responsible gaming tools are available at any time, and support resources are listed at the end of this policy. Triumph Labs, Inc. April 22, 2026 **Support Resources** **Gaming:** | **Country / State** | **Website** |

Support Line

| | ------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------- | | United States of America | |

1-800-426-2537

or



Text “SUPPORT” to 53342

| | United Kingdom |



| 080-8020-133 | | Florida, USA | | See website. | | California, USA | | 1-855-2-Call-GA | | Germany | | 0800-077-66-11 | | **State** | **Phone Number** | **Text/Website** | | ------------- | ---------------- | ------------------------------------------------------------------------------------ | | Arizona | 1-800-NEXT-STEP | NEXTSTEP to 53342 | | Arkansas | 1-800-522-4700 | N/A | | Colorado | 1-800-522-4700 | [Link](http://ccpg.org/chat) | | Connecticut | 1-888-789-7777 | N/A | | Delaware | 888-850-8888 | 302-438-8888 | | Illinois | 1-800-GAMBLER | ILGAMB to 833234 | | Indiana | 1-800-GAMBLER | INGAMB to 53342 | | Iowa | 1-800-BETS-OFF | [Link](http://yourlifeiowa.org/gambling) | | Kansas | 1-800-522-4700 | [Link](http://ksgamblinghelp.com/) | | Kentucky | 1-800-426-253 | N/A | | Louisiana | 1-877-770-STOP | 1-877-770-STOP | | Maryland | 1-800-GAMBLER | [Link](http://mdgamblinghelp.org/) | | Massachusetts | 800-327-5050 | Link | | Michigan | 1-800-270-7117 | N/A | | Mississippi | 1-888-777-9696 | N/A | | Montana | 1-888-900-9979 | N/A | | Nebraska | 1-833-238-6837 | N/A | | New Jersey | 1-800-GAMBLER | N/A | | New Hampshire | 603-724-1605 | N/A | | New Mexico | 888-696-2440 | N/A | | New York | 877-8-HOPENY | HOPENY | | Ohio | 800.589.9966 | N/A | | Ontario | 1-866-531-2600 | CONNEX to 247247 | | Oregon | 1-877-695-4648 | 503-713-6000 | | Pennsylvania | 1-800-GAMBLER | [Link](http://pacouncil.com/chatline/) | | Puerto Rico | 1-800-981-0023 | N/A | | Rhode Island | 1-877-942-6253 | N/A | | Tennessee | 800-889-9789 | 800-889-9789 | | Virginia | 1-800-GAMBLER | [Link](https://m2.icarol.com/ConsumerRegistration.aspx?org=72331\&pid=462\&cc=en-US) | | Washington DC | 1-800-522-4700 | [Link](http://ncpgambling.org/chat) | | Washington | 1-800-547-6133 | N/A | | West Virginia | 1-800-GAMBLER | [1800Gambler.net](http://1800gambler.net/) | | Wisconsin | 800-426-2535 | N/A | | Wyoming | 1-800-522-4700 | 1-800-522-4700 | **Video Game Addiction:** Gaming Addicts Anonymous {% embed url="" %} Online Gamers Anonymous {% embed url="" %} Substance Abuse and Mental Health Services Helpline (800) 487-4889 Mental Health Hotline (855) 946-3672 # Responsible Purchasing Policy Updated: June 26, 2026 **Responsible Purchasing Policy** At Triumph TCG, LLC dba Rips by Triumph ("Rips") we are committed to promoting responsible collecting and purchasing practices and ensuring the well-being of our users. Although blind box purchasing is legally different than gambling, individuals may find themselves unable to purchase responsibly. We recognize that engaging collectibles purchasing should be an enjoyable and entertaining experience, and it is our responsibility to support our users in making informed choices about their collecting and purchasing habits. To uphold this commitment, we have implemented the following Responsible Purchasing Policy: 1. **Self-Exclusion:** Users who feel they need a break from purchasing and collecting or want to exercise control over their purchasing activities may request to self-exclude. Self-exclusion can be initiated by contacting our support team by text message from a phone associated with the contacting users account or through the support chat feature on the Rips app. Upon receiving a self-exclusion request, our staff will promptly mark the user's account as banned from purchasing activities pursuant to this policy. The self-exclusion period will be determined by the user, with options ranging from temporary suspension to permanent exclusion. If a user requests permanent exclusion they will not be able to use the app again with their existing phone number. During the self-exclusion period, users will be unable to participate in any purchasing activities but will continue to hold their collection and may request shipping of their collection. 2. **Account Balance:** Prior to making a self-exclusion a user should withdraw all funds from their account. Please see the Terms and Conditions accessible via the Rips app for more information. 3. **Support and Resources:** We provide resources and information to help users make informed decisions about their purchasing and collecting habits. Our support team is available to assist users who may have concerns about their purchasing and collecting behavior or who require further assistance with self-exclusion. We encourage users to reach out for support if they feel they are experiencing purchasing and collecting-related issues or if they need guidance on setting limits. Support can be found on the websites and helplines attached to this policy. 4. **Responsible Purchasing and Collecting Tools:** From time to time we may offer a range of tools and features to empower users to manage their purchasing and collecting activities responsibly. For additional tools that may be available please contact customer support in the Rips application. We do not guaranty that any tool may be available or that we will maintain the functionality of any tool. 5. **Promotion of Responsible Purchasing and Collecting:** We actively promote responsible purchasing and collecting practices through our marketing materials, website, and app. We collaborate with industry organizations and regulatory bodies to support responsible purchasing and collecting initiatives and advocate for consumer protection measures. 6. **Continuous Improvement:** We continuously review and update our Responsible Purchasing Policy to ensure it remains effective and aligned with best practices in the industry. Feedback from users and stakeholders is welcomed and considered in our ongoing efforts to enhance our responsible gaming measures. 7. **Responsible Use — Important Health and Spending Notice** Rips is a shopping application that lets you purchase certain classes of collectibles. While Rips is not a video game, it incorporates entertainment and game-like features, such as randomized or surprise outcomes, rewards, and other engaging mechanics, that can make repeated use feel compelling. Because of this, one significant risk associated with Rips is **compulsive shopping and overspending**, sometimes referred to as shopping or spending addiction. **Shop Responsibly.** Rips is intended for entertainment and should be enjoyed as part of a balanced lifestyle and within your means. Purchasing should be a deliberate choice, not a reflex. Excessive or compulsive purchasing can lead to negative effects on your finances, relationships, and well-being. **Potential Risks of Excessive or Compulsive Purchasing:** * Financial strain, debt, or spending beyond your budget * Buying more than intended, or difficulty stopping once you start * Chasing losses or repeatedly purchasing to recapture the excitement of a prior outcome * Neglect of personal relationships, work, or other responsibilities * Feelings of guilt, anxiety, or secrecy around your spending * Disruption of sleep, screen-time habits, or daily routines tied to prolonged app use **We Encourage Healthy Habits:** * Set a budget before you shop and track what you spend * Set reasonable limits on the time and money you devote to the app * Take regular breaks and avoid purchasing impulsively or to manage stress or emotions * Be especially mindful that randomized or surprise-style purchases can encourage repeat spending **Seek Help If Needed.** If you or someone you know is having difficulty controlling shopping or spending habits, or if use of Rips is interfering with your finances, relationships, or well-being, please consider reaching out to a financial counselor or a mental health professional. Support resources are provided below. Remember: Shopping on Rips should be a fun addition to your life, not a source of harm. If you are experiencing any harmful effects, please seek help. Support service contact information is provided below. **Conclusion**: At Rips we take our responsibility to promote responsible purchasing and collecting seriously. By implementing robust policies and providing support resources, we aim to create a safe and enjoyable collecting environment for all our users. We are committed to fostering transparency, accountability, and trust in our platform, and we encourage our users to join us in prioritizing responsible purchasing and collecting practices. Rips acknowledges that the purchase of collectibles (particularly in blind-box form, where the specific contents of a pack are not known at the time of purchase) may, for some individuals, develop into compulsive spending behavior that causes financial, emotional, or interpersonal harm. By using Rips, you confirm that you meet the legal age requirement in your jurisdiction, accept these risks, and will purchase only with funds you can afford to spend. Rips makes no representation that its products are free from risk of compulsive purchasing behavior. Self-exclusion and other responsible purchasing tools are available at any time, and support resources are listed at the end of this policy. **Support Resources** | **Country / State** | **Website** |

Support Line

| | ------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------- | | United States of America | |

1-800-426-2537

or



Text “SUPPORT” to 53342

| | United Kingdom |



| 080-8020-133 | | Florida, USA | | See website. | | California, USA | | 1-855-2-Call-GA | | Germany | | 0800-077-66-11 | | **State** | **Phone Number** | **Text/Website** | | ------------- | ---------------- | ------------------------------------------------------------------------------------ | | Arizona | 1-800-NEXT-STEP | NEXTSTEP to 53342 | | Arkansas | 1-800-522-4700 | N/A | | Colorado | 1-800-522-4700 | [Link](http://ccpg.org/chat) | | Connecticut | 1-888-789-7777 | N/A | | Delaware | 888-850-8888 | 302-438-8888 | | Illinois | 1-800-GAMBLER | ILGAMB to 833234 | | Indiana | 1-800-GAMBLER | INGAMB to 53342 | | Iowa | 1-800-BETS-OFF | [Link](http://yourlifeiowa.org/gambling) | | Kansas | 1-800-522-4700 | [Link](http://ksgamblinghelp.com/) | | Kentucky | 1-800-426-253 | N/A | | Louisiana | 1-877-770-STOP | 1-877-770-STOP | | Maryland | 1-800-GAMBLER | [Link](http://mdgamblinghelp.org/) | | Massachusetts | 800-327-5050 | Link | | Michigan | 1-800-270-7117 | N/A | | Mississippi | 1-888-777-9696 | N/A | | Montana | 1-888-900-9979 | N/A | | Nebraska | 1-833-238-6837 | N/A | | New Jersey | 1-800-GAMBLER | N/A | | New Hampshire | 603-724-1605 | N/A | | New Mexico | 888-696-2440 | N/A | | New York | 877-8-HOPENY | HOPENY | | Ohio | 800.589.9966 | N/A | | Ontario | 1-866-531-2600 | CONNEX to 247247 | | Oregon | 1-877-695-4648 | 503-713-6000 | | Pennsylvania | 1-800-GAMBLER | [Link](http://pacouncil.com/chatline/) | | Puerto Rico | 1-800-981-0023 | N/A | | Rhode Island | 1-877-942-6253 | N/A | | Tennessee | 800-889-9789 | 800-889-9789 | | Virginia | 1-800-GAMBLER | [Link](https://m2.icarol.com/ConsumerRegistration.aspx?org=72331\&pid=462\&cc=en-US) | | Washington DC | 1-800-522-4700 | [Link](http://ncpgambling.org/chat) | | Washington | 1-800-547-6133 | N/A | | West Virginia | 1-800-GAMBLER | [1800Gambler.net](http://1800gambler.net/) | | Wisconsin | 800-426-2535 | N/A | | Wyoming | 1-800-522-4700 | 1-800-522-4700 |
# Cookie Policy **Cookie Policy** As part of our commitment to transparency and privacy, this section outlines our use of cookies and similar tracking technologies on our website. Cookies are small text files placed on your device that allow us to improve our services, analyze traffic, and enhance your overall user experience. By using our website, you consent to our use of cookies as described in this policy. **Types of Cookies We Use:** 1. **Essential Cookies** – These cookies are strictly necessary for the operation of our website. They enable core functionalities such as security, accessibility, and user authentication. Without these cookies, some parts of the site may not function properly. 2. **Analytics Cookies** – These cookies help us collect information about how users interact with our website, such as pages visited and time spent on each page. This data allows us to improve the usability and performance of our site. 3. **Functional Cookies** – These cookies enable enhanced functionality and personalization, such as remembering your preferences and settings. 4. **Marketing & Advertising Cookies** – These cookies track browsing habits and enable us to deliver targeted advertisements that are relevant to your interests. They also help us measure the effectiveness of our marketing campaigns. **Managing Your Cookie Preferences** You have the right to control and manage your cookie preferences. You can modify your browser settings to block or delete cookies at any time. However, please note that restricting certain cookies may affect the functionality and performance of our website. Most browsers provide options to: * Delete cookies from your device * Block all cookies * Allow only certain types of cookies * Receive notifications when cookies are being set For more detailed information on how to manage your cookie settings, please visit your browser’s help section. **Third-Party Cookies** We may also allow third-party service providers to place cookies on your device for analytics, advertising, and other services. These third parties have their own privacy policies governing the use of their cookies. We encourage you to review their policies for more details on how they handle your data. **Changes to This Policy** We may update this Cookie Policy from time to time to reflect changes in technology, legal requirements, or our services. Any significant updates will be communicated through our website. For more details on our data practices, please review our [Privacy Policy](https://docs.triumpharcade.com/privacy-policy-multi-product). # Opt Out of Sale or Sharing of Information You may opt out of the sale or the selling of your personal information. There are two methods to opting out: through the App in which case the opt-out is processed immediately; or (ii) by email as indicated below, after verifying your account ownership, in which case the opt-out is processed within ten (10) days. Option 1: In-App Opt Out 1. Login to your App account. 2. Select your profile (bottom right button). 3. Select "Settings" on the top right. 4. Select "Data Preferences". 5. Select "Opt Out" at the prompt. 6. Complete the prompt steps. You will be opted out of both the sale and sharing of your information if you complete the above steps. Option 2: Submitting an Opt-Out Form Please complete the following identity confirmation and opt-out [form](https://zfrmz.com/ndpDtqiJVKNhlkwQzpLh). # Tax Information (USA) For Tax Year 2026 We need to preface this discussion of taxes by saying that we are not tax advisors, we are only providing this for informational purposes. This is our general understanding and may not apply to your situation and we may be wrong – every person should do their own research and use a competent tax advisor – we are not responsible for your reliance on the below. In tax year 2026 (for transactions occurring from 1/1/26 to 12/31/26) it is our understanding that tournament entries can be deducted from the total withdrawals made to obtain the net income that a player would pay taxes on, regardless of whether this is “hobby income” or “business income”, click [here](https://www.irs.gov/newsroom/know-the-difference-between-a-hobby-and-a-business) for more information on this issue. So, if for example you made $700 but spent $600 your net income would be $100 (though your taxable income may be less). Players operating as a business may have additional deductions such as for phones, internet service, purchased inventory (in the collectibles space), etc. – a good overview of deductions for eSports players and streamers can be found [here](https://darkhorse.cpa/blog-tax-deductions-for-esports-players-and-streamers/). For information about tax year 2025, click [here](https://docs.triumpharcade.com/tax-information/2025-tax-information). # 2025 Tax Information We need to preface this discussion of taxes by saying that we are not tax advisors, we are only providing this for informational purposes. This is our general understanding and may not apply to your situation and we may be wrong – every person should do their own research and use a competent tax advisor – we are not responsible for your reliance on the below. Triumph is required to issue a 1099 to users who hit certain thresholds of withdrawals. The following relates to tax year 2025 (transactions between 1/1/25 and 12/31/25) – the tax treatment will be better for 2026, for information about 2026 click here. There may be two separate tax treatments for players related to their income and deductions in 2025: (i) hobby treatment; and (ii) business treatment (for more information on whether income is generated from a business or a hobby click [here](https://www.irs.gov/newsroom/know-the-difference-between-a-hobby-and-a-business)). We assume most of our successful players engage in the platform as an eSports business *with the intent to make a profit*, however, the treatment is dependent on each player and will affect the taxes due. For “hobby income” the IRS will apply taxes for the amount generated by the hobby – with respect to Triumph that is the amount of the 1099. Unfortunately, for tax years 2018-2025 the IRS disallows deductions of expenses associated with hobby income. Here, such deductions would be the amount of tournament entries (i.e. deposits) made. As a result, the 1099 amount would be reported as income on Schedule 1, line 8 of form 1040. The entry fees are deductible from “business income”. Here a player would use Form 1040 Schedule C (“Profit or Loss from a Business”). The amount of the 1099 would be identified on line 1, with the costs and expenses of operating the business being identified in the rest of the schedule. For players operating as a business, the cost of tournament entries, i.e. total deposits, would be identified as a cost of the business, so if you received $700 but spent $600 entering tournaments your total income would be $100. For players operating as a business, be sure not to miss all the deductions that are available, a good overview of these for eSports players and streamers can be found [here](https://darkhorse.cpa/blog-tax-deductions-for-esports-players-and-streamers/).