TERMS AND CONDITIONS

Last updated: 18th March 2026 | Version: 2.1 (US Edition)

IMPORTANT — PLEASE READ CAREFULLY: These Terms contain a binding arbitration clause and class action waiver in Section 17. By using XO Sports, you agree to resolve disputes through individual arbitration rather than court proceedings. You have the right to opt out within 30 days of first use — see Section 17 for details. XO Sports is an entertainment and analytics subscription. We do not accept bets, facilitate gambling, or have any affiliation with any bookmaker or wagering operator.

AGREEMENT TO LEGAL TERMS

XO Sports Pty Ltd, doing business as XO Sports (“Company”, “we”, “us”, or “our”), is a company registered in Australia with offices at Level 9, 168 Exhbition Street, Melbourne VIC 3000, Australia. We operate the XO Sports mobile application and associated services (collectively, the “Services”).

XO Sports is a data analytics and AI-driven sports prediction platform. It enables subscribers to access sports data, statistical trends, and informational content to make more informed decisions about sports they follow. XO Sports is not a gambling product, does not accept or facilitate bets or wagers, and has no commercial or operational affiliation with any bookmaker or wagering operator. All content is provided for informational and entertainment purposes only.

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions of Service (the “Legal Terms”). If you do not agree, you must discontinue use immediately. Contact us at support@xosports.ai.

TABLE OF CONTENTS

Our Services
Intellectual Property Rights
User Representations
User Registration
Purchases, Payment, and Automatic Renewal
Refund Policy
Prohibited Activities
Privacy and Data Protection
Third-Party Websites and Content
DMCA and Copyright Policy
Services Management
Term and Termination
Modifications and Interruptions
Disclaimer of Warranties
Limitations of Liability
Indemnification
Dispute Resolution and Arbitration
Governing Law
California-Specific Notices
State-Specific Consumer Notices
Electronic Communications
Miscellaneous
Contact Us

1. OUR SERVICES

The Services are available to users who are at least 21 years of age in the United States and at least 18 years of age in Australia. The Services are not intended for distribution or use where such use would be contrary to law or regulation. Users who access the Services from jurisdictions outside Australia and the United States do so on their own initiative and are solely responsible for compliance with local laws.

XO Sports provides data analytics, AI-driven predictions, and sports performance insights. The Services do not constitute gambling advice, do not accept or facilitate bets, and are not operated or endorsed by any bookmaker, wagering operator, or gambling licensing authority.

2. INTELLECTUAL PROPERTY RIGHTS

We own or are licensees of all intellectual property in the Services, including source code, databases, software, designs, text, graphics, and trademarks (collectively, “Content” and “Marks”). Content is protected by copyright, trademark, and other applicable laws in Australia, the United States, and internationally.

Subject to compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes only. No Content or Marks may be copied, reproduced, distributed, sold, or otherwise exploited without our express prior written permission.

Any submissions you send to us (feedback, suggestions, ideas) are assigned to XO Sports. We may use submissions for any lawful purpose without compensation to you.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

Age: You are at least 21 years of age if you reside in the United States, or at least 18 years of age if you reside in Australia.

Legal capacity: You have the legal capacity and agree to comply with these Legal Terms.

Accuracy: All registration information you submit is true, accurate, current, and complete.

No minors: You will not access the Services to collect information about minors.

Lawful use: Your use of the Services will not violate any applicable law or regulation.

Entertainment only: You understand the Services are provided for informational and entertainment purposes only and do not constitute gambling services or financial advice.

4. USER REGISTRATION

You may be required to create an account to access certain features. You agree to maintain the confidentiality of your password and are responsible for all activity under your account. XO Sports prohibits multi-accounting — you may only maintain one account. If we suspect you have created multiple accounts, we may suspend or terminate all associated accounts without notice.

You must promptly notify us of any unauthorized use of your account at support@xosports.ai.

5. PURCHASES, PAYMENT, AND AUTOMATIC RENEWAL

Subscription Billing

XO Sports is offered on a subscription basis. All in-app purchases are processed through Apple App Store (Apple In-App Purchase) or Google Play (Google Play Billing). XO Sports does not directly store your full payment information.

AUTOMATIC RENEWAL NOTICE (REQUIRED BY CALIFORNIA, NEW YORK, ILLINOIS, AND DELAWARE LAW): Your subscription will automatically renew at the end of each billing cycle at the then-current rate unless you cancel at least 24 hours before the end of your current billing period. You will be charged through your Apple or Google account. Subscription management and cancellation is available in your App Store or Google Play account settings.

Price Changes

We reserve the right to modify subscription pricing. We will provide you with at least 30 days’ written notice via email or in-app notification before any price change takes effect. If you do not cancel your subscription before the change takes effect, your continued use constitutes acceptance of the new price.

Free Trials

If we offer a free trial, it will commence on the day you sign up. If you do not cancel before the trial ends, you will automatically be charged the applicable subscription fee. We will send you a reminder notice before your trial converts to a paid subscription.

6. REFUND POLICY

All purchases are subject to Apple App Store or Google Play refund policies, which take precedence over this section. Subject to those policies:

Subscription fees are generally non-refundable once a billing period has commenced.

We may, at our sole discretion, grant refunds on a case-by-case basis for technical issues or exceptional circumstances.

To request a refund, contact us at support@xosports.ai within 30 days of the charge.

California residents: If you are unsatisfied with the Services, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

7. PROHIBITED ACTIVITIES

You agree not to use the Services:

For any unlawful purpose or in violation of any local, state, national, or international law or regulation.

To facilitate, solicit, or promote gambling, wagering, or betting of any kind.

To scrape, crawl, or systematically download data from the Services using automated tools.

To attempt to gain unauthorized access to any part of the Services or related systems.

To transmit any harmful code, malware, or disruptive content.

To impersonate any person or entity or misrepresent your affiliation with a person or entity.

To share your subscription with others or allow use of your account by multiple users.

To use the Services in any manner that could damage, disable, overburden, or impair our infrastructure.

To use, extract, copy, reproduce, or repurpose any data, statistics, predictions, analytics, or other content made available through the Services (“Proprietary Data”), whether or not for commercial gain, including without limitation operating, populating, or enhancing any third-party product, service, database, platform, tipping service, or wagering-related application.

7A. PROPRIETARY DATA — USE RESTRICTIONS

7A.1 — Definitions. For the purposes of this Section, “Proprietary Data” means all data, statistics, predictions, algorithms, analytical outputs, performance metrics, odds-related insights, and any other content or information generated, compiled, or made available by XO Sports through the Services, whether or not such content is marked as proprietary or confidential.

7A.2 — Prohibition on Commercial Exploitation. You may not, directly or indirectly, use, copy, extract, reproduce, redistribute, sell, license, sublicense, commercialise, or otherwise exploit any Proprietary Data for any commercial purpose. Without limiting the foregoing, you are expressly prohibited from: (a) incorporating or integrating any Proprietary Data into any product, service, software, application, database, or platform offered or intended to be offered to third parties; (b) using Proprietary Data to operate, support, or enhance any tipping service, betting advisory service, subscription prediction service, or wagering-related business; (c) providing Proprietary Data to any bookmaker, wagering operator, gaming operator, or affiliate thereof; and (d) creating derivative works from Proprietary Data for distribution or commercial gain. These restrictions apply regardless of the means by which the Proprietary Data is accessed (including manual access, automated tools, or API) and regardless of whether the downstream use involves gambling or wagering.

7A.3 — Personal Use Only. Access to the Services is granted solely for your personal, non-commercial use. Any licence granted to you under these Legal Terms expressly excludes the right to use Proprietary Data for any commercial, business, or revenue-generating purpose. If you wish to use Proprietary Data for commercial purposes, you must obtain a separate written licence from XO Sports by contacting us at support@xosports.ai prior to any such use. Unauthorised commercial use constitutes a material breach of these Legal Terms and may result in immediate termination of your account and legal action.

7A.4 — Remedies. You acknowledge that any breach of this Section would cause irreparable harm to XO Sports for which monetary damages would be an inadequate remedy. Accordingly, XO Sports shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction, without the requirement to post bond or other security, in addition to all other remedies available at law or in equity. This right to seek equitable relief is in addition to, and does not limit, any other rights or remedies available to XO Sports, including the right to seek damages and to terminate your access to the Services.

7A.5 — Prohibition on Redistribution. You may not copy, share, forward, publish, broadcast, post, or otherwise redistribute any Proprietary Data to any third party, whether or not for commercial gain and regardless of the means or platform used. This prohibition applies to all forms of redistribution, including without limitation: sharing via messaging applications (such as WhatsApp, Telegram, or similar group messaging services), social media platforms, online forums, community groups, email lists, newsletters, podcasts, and broadcast or streaming services. The prohibition applies irrespective of the size of the audience reached, whether access to the redistributed content is free or paid, and whether or not the person redistributing the content derives any direct financial benefit. Any redistribution of Proprietary Data, even for personal, recreational, or non-commercial purposes, constitutes a material breach of these Legal Terms and may result in immediate termination of your account and legal action.

8. PRIVACY AND DATA PROTECTION

Your use of the Services is subject to our Privacy Policy, available at www.xosports.ai/privacy, which is incorporated by reference into these Legal Terms. Our Privacy Policy sets out how we collect, use, and share your personal information, including your rights under the California Consumer Privacy Act (CCPA/CPRA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), and other applicable US state privacy laws.

By using the Services, you consent to the collection, processing, and transfer of your personal data to Australia and other countries where XO Sports operates, in accordance with our Privacy Policy.

9. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites. These links are provided for your convenience only and do not imply endorsement. XO Sports is not responsible for the content, privacy practices, or availability of third-party sites. Your use of those sites is at your own risk and subject to their respective terms and policies.

No Sportsbook Affiliation: XO Sports has no commercial or operational affiliation with any bookmaker or sports wagering operator. Any third-party links to sports information sites do not constitute a referral, endorsement, or facilitation of gambling. XO Sports does not receive any financial benefit from users placing bets with any third party.

10. DMCA AND COPYRIGHT POLICY

XO Sports respects intellectual property rights. If you believe content on the Services infringes your copyright, please send a written notice to our designated DMCA agent:

DMCA Agent: XO Sports

Address: XO Sports Pty Ltd, Level 9, 168 Exhibition Street, Melbourne VIC 3000, Australia

Email: dmca@xosports.ai

Your notice must include: (a) identification of the copyrighted work; (b) identification of the infringing material and its location on our Services; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; (e) a statement of accuracy under penalty of perjury; and (f) your physical or electronic signature.

Counter-notices may be submitted to the same agent. XO Sports will respond to valid DMCA notices in accordance with 17 U.S.C. § 512.

11. SERVICES MANAGEMENT

We reserve the right to monitor the Services for violations of these Legal Terms, take action against users who violate applicable laws or these Terms, and manage the Services in a manner designed to protect our rights and the integrity of the platform. We may restrict or disable access to any content or user at our discretion.

12. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. We may terminate or suspend your access immediately, without prior notice, for breach of these Legal Terms or for any other reason at our sole discretion. Upon termination, your right to use the Services ceases immediately. Sections relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution survive termination.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify, suspend, or discontinue the Services at any time. We will provide notice of material changes via email or in-app notification where reasonably practicable. We are not liable for any modification, suspension, or discontinuation of the Services.

14. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

ALL PREDICTIONS, DATA, AND ANALYTICS PROVIDED THROUGH THE SERVICES ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. XO SPORTS MAKES NO REPRESENTATION THAT ANY PREDICTION WILL RESULT IN A PROFITABLE OUTCOME. USERS RELY ON THE SERVICES ENTIRELY AT THEIR OWN RISK.

15. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XO SPORTS, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES.

Our total aggregate liability to you for any cause of action will not exceed the greater of: (a) the total amount you paid to XO Sports in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred US dollars (USD $100).

Some states, including New Jersey and Massachusetts, do not allow certain limitations on liability in consumer contracts. Nothing in this section limits liability that cannot be limited under applicable law in your state of residence.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold XO Sports and its officers, directors, employees, and agents harmless from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Services; (b) your breach of these Legal Terms; (c) your violation of any applicable law or third-party rights; or (d) any content you submit through the Services.

17. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. MOST DISPUTES MUST BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN IN COURT. YOU HAVE 30 DAYS FROM YOUR FIRST USE OF THE SERVICES TO OPT OUT — SEE BELOW.

Informal Resolution

Before initiating any formal dispute process, the parties agree to attempt informal resolution. You must send a written notice to support@xosports.ai describing the dispute and your desired resolution. We will have 30 days to respond. If the dispute is not resolved within 60 days of your notice, either party may proceed to arbitration as described below.

Binding Arbitration

Except as provided below, all disputes arising from or relating to these Legal Terms or the Services shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified herein. The arbitration will be conducted in English. The seat of arbitration shall be Delaware, United States. Arbitration may be conducted remotely or in another mutually agreed location. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration will be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The AAA Consumer Arbitration Rules are available at www.adr.org.

30-Day Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@xosports.ai within 30 days of the date you first agree to these Terms. Your notice must include your name, email address, and a clear statement that you opt out of arbitration. Opting out does not affect any other terms of this agreement.

Small Claims Court

Notwithstanding the above, either party may bring an individual claim in small claims court in the county where you reside, provided the claim qualifies and remains in small claims court.

Class Action Waiver

YOU AND XO SPORTS 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 OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding.

Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm, without waiving the right to arbitration for other disputes.

18. GOVERNING LAW

These Legal Terms and any disputes arising hereunder are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles, except where superseded by mandatory consumer protection laws in your state of residence that cannot be waived by contract.

Nothing in these Legal Terms limits or excludes any rights you may have under applicable US federal or state consumer protection laws that cannot be limited or excluded by agreement.

19. CALIFORNIA-SPECIFIC NOTICES

California Consumer Rights Notice (Civil Code §1789.3)

California residents are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Shine the Light (Civil Code §1798.83)

California residents who have established a business relationship with XO Sports may request information about whether XO Sports has shared personal information with third parties for their direct marketing purposes during the preceding calendar year. To make such a request, contact us at privacy@xosports.ai with “California Shine the Light Request” in the subject line.

California Automatic Renewal Law

In compliance with California Business & Professions Code §17600 et seq., XO Sports discloses that your subscription will automatically renew unless cancelled. See Section 5 of these Terms for full automatic renewal disclosures.

20. STATE-SPECIFIC CONSUMER NOTICES

Nevada

Nevada residents may opt out of the sale of their personal information by contacting us at privacy@xosports.ai with “Nevada Opt-Out Request” in the subject line. XO Sports does not currently sell personal information as defined under Nevada Revised Statutes Chapter 603A.

New York, Illinois, and Delaware — Subscription Notices

Residents of New York, Illinois, and Delaware are entitled to at least 30 days’ advance notice before any material change to subscription pricing or terms. See Section 5 for full details of our notification commitment.

New Jersey and Massachusetts — Limitation of Liability

Nothing in Section 15 of these Terms limits liability for personal injury, gross negligence, willful misconduct, or any other matter where limitation of liability is not permitted under applicable law in New Jersey or Massachusetts.

21. ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receive electronic communications from us. You agree that all notices, disclosures, and communications we provide electronically satisfy any legal requirement that such communications be in writing.

22. MISCELLANEOUS

These Legal Terms constitute the entire agreement between you and XO Sports. If any provision is found to be unlawful or unenforceable, the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of that right. We may assign our rights and obligations to any successor entity. These Terms are not intended to create a joint venture, partnership, employment, or agency relationship.

23. CONTACT US

To resolve a complaint or obtain further information:

XO Sports Pty Ltd

Level 9, 168 Exhibition Street, Melbourne VIC 3000, Australia

Email: support@xosports.ai

Website: www.xosports.ai

DMCA: dmca@xosports.ai

Privacy: privacy@xosports.ai