BrakitNova Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the BrakitNova mobile application and related services (collectively, the “Service”), operated by Adebo Thomas, an individual based in California, USA (“BrakitNova,” “we,” “us,” or “our”).

By creating an account or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

These Terms form a legally binding contract. Please read them carefully.

You must be at least 13 years old to use the Service. Users in the European Economic Area, United Kingdom, or Switzerland must be at least 16 years old.

By using the Service, you represent that you meet these age requirements, that you have the legal capacity to enter into these Terms, and that you will comply with all applicable laws.

If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate and current information when creating your account and to keep that information up to date.

You may not share your account, allow others to use your account, or create an account using another person’s identity.

You may delete your account at any time through in-app settings or by contacting privacy@brakitnova.com. See Section 7 of our Privacy Policy for details on account deletion.

You agree NOT to:

Misuse the Service. Do not interfere with or disrupt the Service, attempt unauthorized access to any part of the Service, reverse engineer or decompile the Service, or use automated tools (bots, scrapers) to access the Service.

Harm other users. Do not harass, threaten, stalk, impersonate, or abuse other users. Do not post content that is unlawful, defamatory, obscene, sexually explicit, hateful, or otherwise objectionable.

Cheat or defraud. Do not manipulate predictions, leaderboards, points, fan card distributions, or any other gameplay system. Do not create fake accounts, exploit bugs, or engage in fraudulent activity.

Violate intellectual property. Do not upload, share, or distribute content that infringes copyrights, trademarks, rights of publicity, or other intellectual property rights.

Use the Service for illegal purposes. Do not use the Service to violate any applicable law, regulation, or court order.

We reserve the right to investigate violations and take any action we deem appropriate, including content removal, account suspension, or termination.

The Service allows you to create and share content, including chat messages, voice audio in Lounge rooms, bracket predictions, fan card collections, profile information, and other user-generated content (“User Content”).

You retain ownership of your User Content. By posting User Content, you grant BrakitNova a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute your User Content solely as necessary to operate, provide, and improve the Service.

You represent that you have all rights necessary to grant this license and that your User Content does not violate these Terms or any third-party rights.

We do not claim ownership of your User Content, but we reserve the right to remove any content that violates these Terms or our Community Guidelines.

The Service, including all software, design, branding, logos, graphics, custom emoji and sticker collections, AI-generated content, fan card artwork templates, and all other materials provided by BrakitNova (“BrakitNova Content”), is the exclusive property of BrakitNova and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

You may not copy, modify, distribute, sell, lease, or create derivative works of any BrakitNova Content without our express written permission. Fan cards in your collection remain part of the Service and may not be exported, sold, or transferred outside the Service except as we may permit.

BrakitNova offers free features and optional Premium subscriptions and one-time passes (collectively, “Paid Features”). Pricing and current offerings are displayed in the app.

Apple In-App Purchase. All purchases on iOS are processed by Apple through In-App Purchase. Your payment is made to Apple, not to BrakitNova. Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the end of the current period.

Managing Subscriptions. You can manage and cancel subscriptions through your Apple ID account settings. Cancellation takes effect at the end of the current billing period; you continue to have access to Paid Features until that date.

Refunds.Refunds for In-App Purchases are governed by Apple’s policies. To request a refund, contact Apple Support directly. We do not process refunds for Apple-billed transactions.

Pricing Changes. We may change the pricing of Paid Features at any time. Changes will not affect your current billing period; new pricing applies to subsequent renewals after notice.

BrakitNova is a prediction and bracket-based competition. Points, ranks, leaderboards, achievements, and fan card collections are virtual items with no monetary value.

We do not offer cash prizes, gambling, sports betting, or any form of real-money wagering. Predictions are for entertainment and social competition only.

We reserve the right to correct errors in points, ranks, or leaderboards; reset competitions; and adjust gameplay rules as needed to maintain fairness and accuracy.

The Service uses artificial intelligence to generate content, including match recaps, predictions, hot takes, commentary, fan card artwork, and other AI-generated material. AI-generated content is provided for entertainment and informational purposes.

AI-generated content may be inaccurate, incomplete, or inappropriate in some cases. BrakitNova does not guarantee the accuracy, reliability, or appropriateness of AI-generated content and is not liable for any decisions made based on it.

You may not present AI-generated content from the Service as your own work outside the app or use it in ways that violate the rights of the AI provider, the underlying training sources, or third parties.

The Service relies on third-party services, including Apple, Firebase (Google LLC), Vercel, Upstash, Anthropic PBC, Replicate, API-Football (api-sports.io), and The Odds API. We are not responsible for the availability, accuracy, content, or practices of any third-party service.

Sports data, match results, fixtures, and statistics are provided by third parties and may contain errors or delays. BrakitNova is not affiliated with, endorsed by, or sponsored by FIFA, any national team, league, federation, broadcaster, or individual player.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy of any predictions, AI-generated content, sports data, or other information in the Service.

Use of the Service is at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAKITNOVA AND ITS OPERATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BRAKITNOVA IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless BrakitNova and its operators from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

You may stop using the Service at any time and delete your account as described in Section 3.

We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, our Community Guidelines, or applicable law, or for any other legitimate reason.

Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including Sections 5, 6, 11, 12, 13, 15, and 16) will continue to apply.

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or the Service shall first be resolved through informal good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may bring the dispute in the state or federal courts located in Sacramento County, California, and you consent to the personal jurisdiction of those courts.

Class Action Waiver. You agree to bring any disputes against BrakitNova on an individual basis and not as a plaintiff or class member in any class, collective, or representative action.

We may update these Terms from time to time. Material changes will be communicated through the app or by email at least 7 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

The date at the top of this document indicates when it was last updated.

For questions about these Terms: legal@brakitnova.com

For general support: support@brakitnova.com

For privacy questions: privacy@brakitnova.com

Adebo Thomas
BrakitNova
Elk Grove, California, USA

These Terms of Service are governed by the laws of the State of California, United States.