Terms of Service

These Terms & Conditions (“Terms”) are a binding agreement between you and Defize Inc, a Delaware corporation (“Mogg,” “we,” “us”) governing your access to and use of the Mogg mobile application, website, and related services (collectively, the “Service”). By creating an account or using the Service, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

What Mogg Is (and Is Not)

Mogg is a free to play prediction game. Each day, eligible users may submit one slate of ten (10) predictions (“Slate”) on real world events. Users earn promotional points (“Points”) for correct predictions, plus a bonus for a perfect Slate. Points are redeemable for prizes from the in app prize store.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

Mogg is not a gambling product, sportsbook, lottery, prediction market, exchange, broker, or financial service. You do not wager, stake, deposit, or risk money or anything of value when playing. Mogg does not accept, hold, or transmit user funds. Mogg displays publicly available pricing data from third party prediction market platforms for informational and gameplay purposes only. Mogg does not place trades for you, and nothing in the Service is investment, trading, or financial advice.

Eligibility

To use the Service you must:

• Be at least eighteen (18) years of age and of legal age of majority in your jurisdiction;
• Be physically located in a jurisdiction where the Service is offered. The Service is currently offered only in the United States.
• Maintain only one (1) account.

We may use device signals, geolocation, and identity verification to enforce eligibility and may suspend accounts pending verification.

The Daily Game

4.1 Entry

Each day, the Service opens a submission window of approximately three (3) minutes. The duration, start time, and frequency of the submission window are displayed in app and may be changed, extended, shortened, or rescheduled by Mogg at any time and at its sole discretion, including on a day by day basis. During the window, you may build and submit one Slate per day: one prediction (YES or NO) on one event in each of ten categories presented by Mogg. Slates lock at submission or at window close, whichever is earlier, and cannot be edited afterward.

4.2 Scoring

Each prediction in your Slate that resolves correct earns Points, and a perfect Slate — all ten (10) correct — earns an additional bonus on top. The Point values, including the perfect bonus, are shown in app before you submit and may be adjusted by Mogg (see Section 4.4).

4.3 Resolution

Event outcomes are determined by reference to the official resolution of the corresponding market on the third party platform or data source identified in app. Mogg’s determination of outcomes, including its handling of voided, delayed, ambiguous, or disputed third party resolutions, is final and binding. If an underlying market is voided or cannot be resolved, Mogg may, at its discretion, void the affected leg and rescore the Slate on the remaining legs at adjusted difficulty, or void the Slate entirely.

4.4 Game Changes

We may change the number of legs, categories, window timing and duration, difficulty formula, scoring rules, or any other game parameter at any time. Changes apply prospectively to Slates submitted after the change.

Points

Points are promotional. Points have no cash value, are not money, currency, cryptocurrency, a deposit, a security, or property, and exist solely as a promotional device to enhance the Service.

• No transfer. Points cannot be sold, traded, gifted, transferred, pooled across accounts, or exchanged for cash. Any attempt to do so is grounds for forfeiture and account termination.
• Modification. We may modify Point earn rates, redemption rates, the prize catalog, and prize availability at any time. We will use reasonable efforts to give notice of material changes, but Points are always subject to these Terms as in effect at redemption.
• Expiration. Points expire five (5) years after they are earned and upon account closure or termination.
• Errors. Points credited in error (including due to scoring bugs, resolution errors, or exploits) may be reversed.

Prizes & Redemption

• Prizes available in the prize store are limited in quantity, offered while supplies last, and may be substituted with items of equal or greater approximate value at our discretion.
• Prize redemptions may require identity, age, and address verification, and (for prizes above reporting thresholds) tax documentation, including a completed IRS Form W-9. Recipients are solely responsible for all taxes. Prizes with a value of $600 or more in a calendar year may be reported on IRS Form 1099.
• Prizes are non transferable and may not be redeemed for cash unless a cash equivalent is expressly offered by Mogg.
• Shipping is to eligible U.S. addresses only. Risk of loss passes on delivery to the carrier.
• We may withhold or rescind any prize where we reasonably suspect fraud, multi accounting, botting, collusion, or any breach of these Terms.

Fair Play & Prohibited Conduct

You agree not to:

• Create or operate more than one account, or use another person’s account;
• Use bots, scripts, automation, emulators, or any non human means to submit Slates or interact with the Service;
• Circumvent geolocation, eligibility, or device controls (including via VPN or location spoofing);
• Collude with other users to coordinate Slates or farm referral or streak rewards;
• Exploit bugs, scoring errors, or correlation or difficulty formula weaknesses (report them instead);
• Manipulate, or attempt to manipulate, the outcome or pricing of any underlying third party market for the purpose of affecting a Slate;
• Scrape, reverse engineer, or interfere with the Service; or
• Use the Service for any unlawful purpose.

Violations may result in Slate disqualification, Point forfeiture, prize rescission, account termination, and, where appropriate, referral to law enforcement or the relevant market operator.

Account; Termination

You are responsible for safeguarding your credentials and for all activity on your account. We may suspend or terminate your account, with or without notice, for breach of these Terms, suspected fraud, legal or regulatory reasons, or discontinuation of the Service. Upon termination, unredeemed Points are forfeited. You may close your account at any time in app; closure forfeits unredeemed Points.

Third Party Platforms & Data

The Service displays data from, and resolves events by reference to, third party platforms and data sources that Mogg does not control. We make no representations about the accuracy, availability, or timeliness of third party data or resolutions. Mogg is not affiliated with, endorsed by, or sponsored by any third party market operator or data provider unless expressly stated. Your use of any third party platform is governed by that platform’s own terms.

Intellectual Property; User Content

The Service, including the Mogg name, logo, slate card formats, software, and content, is owned by Defize Inc or its licensors. We grant you a limited, revocable, non exclusive, non transferable license to use the app for personal, non commercial play. If you share slate cards or other Service generated content, you grant Mogg a worldwide, royalty free license to use, reproduce, and display that content (including your username) for operating and promoting the Service.

Disclaimers

THE SERVICE, POINTS, AND PRIZES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT EVENT DATA OR RESOLUTIONS WILL BE ACCURATE OR TIMELY. INFORMATION DISPLAYED IN THE SERVICE IS FOR ENTERTAINMENT ONLY AND IS NOT FINANCIAL, INVESTMENT, OR BETTING ADVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) DEFIZE INC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL; AND (B) DEFIZE INC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE RETAIL VALUE OF PRIZES YOU REDEEMED IN THE SIX (6) MONTHS PRECEDING THE CLAIM AND (ii) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You will indemnify and hold harmless Defize Inc and its affiliates from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your misuse of the Service, or your violation of law or third party rights.

Dispute Resolution; Arbitration; Class Waiver

Except for small claims matters and injunctive relief for IP misuse, any dispute arising out of these Terms or the Service will be resolved by binding individual arbitration administrators under its consumer rules, in New York or remotely. You and Defize Inc each waive the right to a jury trial and to participate in any class, collective, or representative action. These Terms are governed by the laws of the State of New York, without regard to conflict of laws rules.

Changes to the Service or Terms

We may modify these Terms at any time by posting the updated version in app with a revised “Last Updated” date and, for material changes, providing in app or email notice. Continued use after the effective date constitutes acceptance. We may modify, suspend, or discontinue the Service (in whole or in part, including the prize store) at any time without liability.

Miscellaneous

These Terms, together with the Privacy Policy and any posted game specific rules, are the entire agreement between you and Defize Inc regarding the Service. If any provision is found unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to Mogg: hello@playmogg.com.