Effective as of September 17, 2021
WinPeak does not hold liable responsibility under any circumstances to the greatest extent allowed under the laws within our region. With as little limitations as allowed under laws applied to the users' regional location, you are surrendering the right to contest (or engage in as a member of a group lawsuit) all disputes in a court office before a legally competent magistrate or jury.
Participation in online competitions with prizes requires special documentation to maintain legality. WinPeak allows third-party game developers conditional usage of our SDK. Using an SDK through our site allows for legal, temporary licensing through our services.
It is necessary to log into a legitimate account to use our SDK, which is not transferrable to other websites.
Our Business maintains the ability to cancel or suspend user accounts for any reason that we deem fit with or without giving the account owner prior notice. We withhold the right to halt our sharing of revenue generation with the aforementioned notice.
Misuse of our intellectual property, software, or community standards is grounds for immediate investigation and/or termination. Section 1.5 discusses cheating, hacking, and other unacceptable habits.
a. Amending Suspensions
If you are under the impression you are under suspension because of misunderstanding, at our own decision we may change certain points. No modifications are validated unless thoroughly scrutinized by an appropriate team member.
WinPeak employs a unique algorithm to match its mobile contest participants to suitable lobbies. We will match new competitors with other new competitors, and we will match adept competitors with other adept competitors, etc.
By utilizing our Company’s SDK and other services, you agree to uphold our rules and standards to the fullest degree. We define acceptable use to make all playable experiences fair and fun in ways that uphold the law and comfort of others. We do not condone any of the following:
We do not hold responsibility for the actions of others in public chatrooms. By using chatrooms, you agree that we are not held liable for your encounters.
a. Local Regulations
WinPeak collects location data to remain in good standing with laws within the United States. Due to certain laws, specific countries and states in the U.S. (Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, and Tennessee) do not permit online events resulting in a cash prize and are disabled in the areas. The states of Indiana and Maine are considered prohibited administrations for card games and therefore will have card games disabled in those areas.
Our Company uses specialized software and real-life team members to monitor player activities. Preventing cheating ensures fairness, and we never tolerate cheating in our lobbies.
c. Game Hacking and Unaccredited Use
We take tampering with our software, services, and site seriously. We will pursue every legal means to prosecute any attempts to access or change our systems without permission.
Hacking into our software, services, or site to copy, redistribute, reproduce, publish, or license our content without express permission is grounds for immediate termination. Overloading our website with bots or anything else that strains our network is subject to investigation and termination.
WinPeak and its services and software are accessible to any user over the age of 18. If you have a mobile phone and are in an authorized area, you may play. Email that you enter into our database must be yours and not stolen or borrowed.
Your physical location should be in the United States or an authorized country, and it must be legal for you to associate with our services. If you do not meet all the conditions mentioned above, your account will be suspended or terminated without due notice.
Modifying our Terms & Conditions without express permission from a WinPeak associate is not allowed. New Terms are accepted in physical writing if duly signed by both parties. A correction of this agreement is not acceptable if we do not agree to the new rules.
By making the choice to sign up to our site, you agree to allow us to save your email and username for identifying purposes. You also agree to never share your password with another third party for the safety of your account and personal information. Inappropriate or obscene usernames may be changed or deleted at our sole discretion.
If you forget your login details, please contact our customer service team.
a. User Location
We actively view your location via the Global Positioning System on your mobile phone for the express purpose of determining legality in your area. You agree to keep location services on at all times and to not use a Virtual Private Network (VPN) to change your location or IP address.
b. Collecting Information
WinPeak collects data for your safety and advertising/promotional offers. We may utilize analytics that we gather from your habits to improve your experience. You can choose to opt out of the aforementioned ways of communicating at any time.
Workers at WinPeak may use our services and software for the express purpose of improving the user experience. They may not withdraw money from employee accounts or misuse users’ personal information.
WinPeak owns full discretion for the future of its services. We may at any time, with or without notice, eliminate your potential to partake in our services without legal responsibility. We may disrupt our software or services for purposes that may or may not be for maintaining, repairing, or solving other issues.
By participating in any of the mobile video games located on WinPeak’s site, you agree to accept applications into your computer or cellphone that may utilize our Software Development Kit. Though we give you your own copy of the SDK, it is still a part of our intellectual property, and we make the final decisions on how it should be used.
a. SDK Licensing
By agreeing to these terms, you have access to our Software Development Kit for using it in our competitions, monetization, applications, proceeds, website, and third-party mobile video games. The modular device accessing our SDK must be owned and operated by you or will otherwise be null and void. You cannot allow another person to gain control over your device, and if you do so, you are the one held at fault. The SDK license is not to be distributed to other devices which are not in your possession.
At certain times, our employees may provide technical support for any software issues that users may encounter. A member of our team may remotely access your device for diagnosis and fixing errors. Team members may also use remote access to automatically update our software on your device. Agreeing to these terms means you give your consent for remote access.
If your cellphone is locked against our team members' measures, our software will become outdated and may stop working. Faulty software means that you cannot take part in competitions for monetization, gaming, collecting profitable earnings, or other services through our website.
Due to their new nature, Betas may contain bugs or unfinished content. WinPeak holds the right to scrap Beta versions of any service at our discretion.
Our software might be accessible through certain third-party websites. By accessing third-party websites, you agree that we are not liable for your actions on those websites.
For your safety, please understand that sending us sensitive or privileged information may result in an illegal interception by a third party. We take every step to keep your private information safe, but sending things online is never 100% secure and may be subject to hacks. Keep your sensitive data out of public chats, forums, or any messaging/email systems.
Our employees take every step to keep our software and services available, but every site runs into occasional hiccups. That may include our site being temporarily down for maintenance or an overload to our networks. We recommend backing up your content and sensitive data often to avoid losing any important information.
Using our website, services, and software means that you are well aware of the risk of lost data. To the furthest extent of the law, we do not accept responsibility, commitments, or liabilities for data loss or damage.
WinPeak and its associates shall be held harmless from all liability by you or third parties to the furthest extent of any applicable laws. We are not liable for any lost profits or information/data.
a. Complying With Local and National Laws
WinPeak agrees to follow local and national laws to the furthest extent, and we take multiple measures to ensure that we follow applicable laws. Utilizing our services, software, and website means that you also agree to follow your local laws. We do not hold responsibility or liability if you manipulate our precautionary services (such as GPS location or age verification) to access our site, and manipulation is grounds for immediate termination of your account.
Agreeing to our terms means that you will automatically indemnify us (including our employees, third-party developers, and executives) in the event of declarations, disagreements, discernments, class actions, or resolutions against us. You will defend us at your own cost for anything concerning your breach of our Terms & Conditions, the infringement of your local/federal laws, other parties accessing your account, and negligence on your part.
The indemnified party agrees to notify the indemnifying party in writing of any legal claims. The requited party possesses full control over the legal defense team and any settlements. The indemnifying party will not agree to settlements, claims, or accept payments that will cause the indemnified to be considered liable.
WinPeak has a plan of action in our billing procedures that includes collecting fees and taxes. Our fees are non-refundable and collected before rendering services. We use U.S. currency to process all payments. You hold all responsibility for any fees or charges that are associated with your account. In the event of unapproved and unexpected charges, you are still responsible. Our prices are susceptible to change with or without prior notice.
To be considered a cash player, a deposit is required for our security and your compliance beforehand. Failure to submit a deposit defines you as a “Non-Cash Player”. Sometimes, competitive mobile video games require a cash deposit beforehand. By inputting your CC information, you mutually consent to provide access to your payment information and to keep a positive balance.
Cash players may withdraw the earnings located on their payout page at any point in time. We send finances by check or to your preferred payment method. Payouts may take up to 90 days to reach your account. Withdrawing less than $10 may cause a $2 check processing fee.
If we suspect that user funds are inaccurate because of cheating, hacking, or other misuse of our site, we may freeze a user's account or delay withdrawals requests for an investigation.
If we suspect abuse, we hold the right to investigate any claims. The process may cause the freezing of your funds.
Winnings on account of cheating, hacking, or otherwise misusing our website are grounds for instant forfeiture of funds. If our suspicions are correct, you must surrender those stolen finances immediately.
Inactive accounts may accrue maintenance fees over a certain period. Failure to enter any competitions for over 6 months makes your account inactive. We will attempt to contact you by email to inform you of your account’s inactivity. If there are no funds or payment methods connected to your account, we will deactivate at our discretion.
We do not provide refunds under any circumstance unless law enforcement legally requires us to do so.
Earnings of over $600 are subject to taxation. U.S. citizens may receive an IRS Form W-9 and a 1099-MISC or additional state/federal tax forms. It is your responsibility to file and pay taxes.
If you believe that we hold your copyrighted property without your permission, send our team members a notice for prompt removal. Please include the following in your notice:
The deletion or termination of your account will cause your release from these Terms & Conditions. You have full discretion to delete or deactivate your account. Once your account is deactivated, you will not possess the rights to our services, software, or website. We require deleted users to return or eliminate the usage of our digital possessions promptly.
a. SDK Termination upon Conclusion
Once your account is deleted, deactivated, or terminated; you agree to delete our Software Development Kit. We do not give you permission to use our copyrighted property on other third-party websites or distribute it to unwarranted parties. Because of the SDK license being temporary regarding the existence of your account, we will effectively withdraw your SDK license after account deactivation.
WinPeak reserves our legal entitlement to amend our Terms & Conditions at any time that we see fit. Users of our site and services may be provided due notice and a copy of the amended terms. We recommended checking this page often for updates to the original agreement. Prior versions of these terms are null and void, and by using our services, you agree to the most up-to-date terms. Our unintentional inability to provide interested parties with a direct link to these terms is not a renunciation of the terms.
You consent to our ability to notify you of any changes. We consider any sent emails read and accepted by you. Withdrawing your consent for us to send updated terms and conditions means that we have permission to close your account.
Please send questions, concerns, or comments to a designated team member.
Thank you for choosing WinPeak, and welcome! By being a part of our blossoming community, you get to partake in our site’s multiplayer online gaming contests and trials. Our absolute priority is your safety and respect for your private data on our platform. Our game selection is provided by third-party developers (also known as Devs) who have partnered with WinPeak’s Software Development Kit for legal compliance.
Third-party Devs may offer multiple apps, tools, software, and services that use our SDK. Usage of our site means that you fully confirm that we do NOT provide competitions; only third-party developers actively provide competitive gaming and/or services.
Signing up for a WinPeak account, usage of our service in any capacity, accepting Terms, entering contests, and using our applications integrated with WinPeak’s SDK means that you have thoroughly read our Terms and Conditions and will comply with your obligations as a user.
Those who cannot observe the rules in their full capacity should not accept the Terms or sign up with WinPeak. By doing so, you cannot enter any contests or competitions or access our website.