Terms of Service

Welcome to DubClub, the platform (the "Platform") for handicappers ("Partners") and their subscribers ("Subscribers"). Please read these Terms of Service (these "Terms") carefully because they constitute a binding agreement between DubClub, Inc. ("DubClub", "we", "us", "our") and you in your capacity as a user of the Platform, whether as a Partner or as a Subscriber ("Member", "you", "your").

Account

  1. Account Creation
    • If you are a Partner, you become a Member by signing up on the Platform and accepting these Terms and a Partner Usage Agreement. As a Partner, you'll be bound by these Terms and the Partner Usage Agreement.
    • If you are a Subscriber, you become a Member by signing up on the Platform and accepting these Terms. Your phone number is your username. To login to your account, a verification code is texted to your phone. We like to keep things simple!
  2. Agreement to Terms. By accepting these Terms on the Platform, or if your account was already created, by continuing to use the Platform, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Platform. By agreeing to be bound by these Terms, you are also acknowledging that you have reviewed and agree to be bound by our Refund Policy and our Privacy Policy, each of which is hereby incorporated into and forms an integral part of these Terms. References to the "Platform" include dubclub.win and any other website or mobile application owned, operated or controlled by us.
  3. Jurisdictional Issues. We provide the Platform for use by persons located in the United States who can legally enter into these Terms and are at least eighteen (18) years old. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Platform's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
  4. Informational and Entertainment Content. The Platform provides informational and entertainment content related to sports, including commentary, analysis, picks, predictions, and related materials created by Partners. All Content reflects the opinions of the individual Partners who create it and does not constitute advice or a recommendation to engage in any sports betting, fantasy sports, gaming, or financial activity. The Platform does not facilitate, process, or enable the placement of bets, wagers, or any form of real-money gambling. DubClub is not a sportsbook and does not accept, place, or transmit bets or wagers on behalf of any Member. Any wagering or gaming activity a Member undertakes through third-party services is at the Member's sole risk and discretion, and DubClub assumes no responsibility for any losses resulting from a Member's reliance on Content available through the Platform.

Partners

  1. Partners. As a Partner (aka a "knowledge provider" of sports content):
    • Once you become a Member, you can publish paywalled content for your Subscribers ("Content") via one or more subscription packages you create (each, a "Product"), and send your Content to your Subscribers via the notification channel(s) Subscribers select.
    • You will set the rate to charge Subscribers for your Products ("Partner Fees"). You may elect to offer free Products and/or a free trial period to Subscribers.
    • You will also set the subscription period length for your Products, ranging from as short as one (1) day to as long as one (1) year (the "Subscription Period") or a one-time lifetime subscription (the "Subscription Period"). Lifetime subscriptions provide access for the duration of the Partner's active account on the Platform. Subscription Periods auto-renew unless and until canceled by a Subscriber.
  2. Payments to Partners.
    • DubClub has partnered with Stripe, a leading global payment processor, to process collections and payments from your Subscribers.
    • You will be asked to set up a Stripe account (it's free) so that we can easily manage payments from your Subscribers and ensure that you are paid in a timely, streamlined, and automated manner. You will be able to track your DubClub income on your Partner Dashboard within the Platform.
    • For lifetime subscriptions, Partners will receive payment according to the payout schedule outlined in the Partner Usage Agreement. Partners offering lifetime subscriptions must comply with additional terms outlined in the Partner Usage Agreement, including minimum service commitments and payout structures.
    • If you have any questions about Stripe, please refer to their Terms of Service.

Subscribers

  1. Subscribers. As a Subscriber:
    • Once you become a Member, you can subscribe to one or more Partners on the Platform, and when subscribing, you may select Products from Partners.
    • A Partner may offer their Products for free or for a subscription fee, as determined in the Partner's sole discretion. If you select a Product, you agree to incur any applicable Partner Fees, Service Fees (defined below) and any applicable taxes. Partners may change pricing at their sole discretion through their Partner account, but no price changes will apply retroactively.
    • Once you have selected a Product from a Partner (i.e., "subscribed to" a Partner), you will receive real-time plays via notification channel(s) you select from that Partner. These plays will correspond to the Product(s) that you selected for that Partner at time of subscription. You agree to receive those notifications via any channel(s) you select, and hereby authorize DubClub and the Partner to send those notifications via those channel(s), understanding that standard messaging rates will apply.
  2. Subscription Management.
    • If you are subscribed to at least one Partner's Product, you can login to your DubClub account using your phone number to view recent plays and all of your Partner subscriptions in one place. Visit your Subscription Settings to manage notifications and renewal activity for all of your subscriptions.
    • Each Partner sets the Subscription Period for their Product(s).
    • Some Partners may also offer a free trial of a length of time set by the Partner. You are only eligible for one (1) free trial per Partner. In other words, you will be required to pay if you attempt to trial a Partner's Product a second time.
    • To provide uninterrupted service, we will automatically charge for and renew your subscription at the end of your free trial or your Subscription Period , for continuous Subscription Periods of equal length unless you opt out of automatic renewal in the Platform, which you may do at any time. If you do not want to renew your free trial or Subscription Period, navigate to your subscription settings within your account on the Platform, check "Do Not Renew", and save your changes. You must make this change at least one (1) calendar day prior to the expiration of your free trial or then-current Subscription Period, as applicable.
    • Lifetime subscriptions are one-time purchases that do not auto-renew. The auto-renewal provisions in this section do not apply to lifetime subscriptions.
    • Lifetime subscriptions cannot be paused, transferred, or converted to other subscription types. Once purchased, lifetime subscriptions remain active until terminated pursuant to these Terms.
    • If you unsubscribe from a package mid-Subscription, you will still be charged Partner Fees for the remainder of the current Subscription Period.
    • You can opt back into auto-renewal on any active subscription, at any point, by selecting "Reactivate" in your subscription settings.
    • If you want to change your subscription for the same Partner's Product, you can use the "package discounts" button within the Platform under your subscriptions.
    • Partners can offer different prices for the same Product. Subscribers cannot have two active subscriptions for one Partner Product. If you want to access a different subscription from the same Partner Product, please contact DubClub via email at [email protected] or via Twitter DM at @DubClub_win.
  3. Service Fees. In addition to the Partner Fees for a Product, DubClub may charge a service fee ("Service Fee") for access to and use of the Platform, including payment processing and other administrative services. The Service Fee is charged to the Subscriber and is itemized separately at checkout.
    • The Service Fee is calculated as a percentage of the transaction amount. The applicable amount will be clearly displayed to you prior to payment and may vary for certain Partners.
    • For recurring subscriptions, the Service Fee will be charged on the same schedule as the subscription (e.g., monthly, weekly). For non-recurring purchases, the Service Fee is a one-time charge. By proceeding with a transaction and agreeing to these Terms, you consent to the Service Fee.
    • All Service Fees are non-refundable, except as required by law.
    • DubClub reserves the right to modify the Service Fee amount or structure at any time. We will provide you with at least 14 days' notice of any changes via email. Your continued use of the Platform and/or Products after such notice constitutes your acceptance of the new Service Fee.
  4. Payments by Subscribers.
    • When you subscribe to a Product from a Partner, you agree to billing of applicable Partner Fees and any applicable Service Fee according to the subscription type selected. For periodic subscriptions, billing will recur, starting on the date you sign up, and repeating thereafter based on the Subscription Period for that Product (as set by the Partner, see above). For lifetime subscriptions, you will be charged a one-time fee upon purchase.
    • Quoted Partner Fees do not include sales or other transaction-based taxes of any kind, which are your responsibility. The total amount due, including Partner Fees, Service Fees, and any applicable taxes, will be displayed to you prior to payment. All amounts are billed and charged in USD.
    • Partners may change their Partner Fees at any time, but changes will not apply retroactively. Lifetime subscription holders are exempt from any future price changes for the duration of their subscription.
    • You agree to pay Partners for their Content only through the payment channels authorized by DubClub.
  5. Lifetime Subscriptions. Lifetime subscriptions are non-transferable and tied to the original purchasing account. If a Partner discontinues their service or removes their account from the Platform, lifetime subscriptions to that Partner will terminate without refund. If DubClub ceases operations, lifetime subscriptions will terminate in accordance with the termination provisions below. DubClub reserves the right to: (a) limit the number of lifetime subscriptions available per Partner Product; (b) discontinue offering lifetime subscriptions at any time for future purchases; and (c) modify features available to lifetime subscribers with reasonable notice, provided core access to subscribed Products remains unchanged. DubClub reserves the right to migrate lifetime subscribers to an equivalent subscription model if the lifetime subscription program is discontinued, provided that migrated subscribers receive substantially similar benefits. Lifetime subscriptions terminate upon the death of the Subscriber and are not transferable to heirs or estates.
  6. Refunds. All sales are final and non-refundable at time of purchase, and not subject to any conditions post-sale (except as set forth in the DubBucks Virtual Currency section below). Notwithstanding the foregoing, lifetime subscriptions may be eligible for refund within seven (7) days of purchase if the Subscriber has not accessed any Content from the Partner. After seven (7) days or upon accessing Content, whichever occurs first, lifetime subscriptions become non-refundable. Please refer to the Refund Policy if you have any questions regarding refunds.

DubBucks Virtual Currency

The following terms apply to DubBucks, our in-app virtual currency.

  1. DubBucks DubBucks ("DBX") are limited-use, consumable digital credits available for purchase and use exclusively within the Platform. DBX are not money, currency, legal tender, property, deposits, securities, stored value, or financial instruments of any kind. DBX confer no ownership interest in DubClub, carry no cash value, and are not redeemable for cash. No interest accrues on any DBX balance. Your DBX balance represents a limited license to access certain features of the Platform as described in this section, not a deposit, account balance, or proprietary right.
  2. Permitted Use DBX may be spent solely within the Platform to unlock Partner Content for an Access Period (as defined in Section 10 below). You may not apply DBX to subscription purchases, Partner Fees, Service Fees, or any other Platform charges denominated in USD. DBX and USD-denominated transactions are independent: spending DBX does not create, modify, or extend any subscription to a Partner's Product, and holding an active subscription does not entitle you to any DBX or affect your DBX balance. Any attempt to use DBX for a purpose not expressly authorized in this section is prohibited and may result in revocation of your DBX balance in accordance with Section 8.
  3. Purchase and Pricing DBX are sold in predetermined packs via Apple In-App Purchase ("Apple IAP") or Google Play In-App Purchase ("Google IAP") at posted exchange rates. All DBX purchases are processed and fulfilled through Apple IAP or Google IAP as applicable; DubClub does not directly collect payment for DBX. Exchange rates and pack sizes are subject to change at our discretion without prior notice. Your purchase of DBX is separate from, and does not affect, any existing subscription to a Partner's Product.
  4. No Cash Value; No Transferability DBX have no monetary value and are not redeemable for cash, credit, refund, or any other form of compensation, except as expressly provided in Section 7 (Refunds) below. DBX are non-transferable, non-tradeable, and non-exchangeable. You may not sell, gift, barter, or otherwise convey DBX to any other person or account. Any attempted transfer in violation of this Section 4 is void and of no effect. DubClub bears no liability for any purported transfer or loss of DBX resulting from an unauthorized or attempted transfer.
  5. Purchase and Promotional DBX All DBX currently available on the Platform are purchased DBX ("Purchased DBX") acquired through completed Apple IAP or Google IAP transactions. DubClub may in the future offer promotional, gifted, bonus, or other DBX credits issued at no cost to you ("Promotional DBX"). If and when Promotional DBX are offered, they may be subject to additional terms, conditions, and expiration dates, which will be posted on the Platform or communicated to you at the time of issuance. DubClub will designate each type of DBX in its records.
  6. No Expiration; Balance Limits Purchased DBX do not expire and will remain in your account until spent, forfeited upon account termination as described in Section 9, or revoked as described in Section 8. DubClub reserves the right to impose a maximum DBX balance per account or per transaction period. If a balance limit is adopted, DubClub will post the applicable limit on the Platform, and you will not be permitted to purchase additional DBX that would cause your balance to exceed that limit.
  7. Refunds

    (a) DBX Purchase Refunds. All DBX purchases are processed through Apple IAP or Google IAP. DubClub does not hold your payment for DBX and cannot issue cash refunds for DBX purchases. To request a refund of the purchase price, you must contact Apple or Google directly through Apple or Google's standard refund process.

    (b) DBX Spend Refunds. Refunds of DBX spent to unlock Partner Content (i.e., crediting DBX back to your account after you have spent them) are not available as a standard option. DubClub may, in its sole discretion, credit DBX back to your account on a case-by-case basis. Any such credit will be in the form of DBX, not cash.

    The refund provisions in this Section 7 apply only to DBX transactions. Refunds for subscription purchases made in USD remain governed by the Refund Policy referenced elsewhere in these Terms.

  8. Modification, Suspension, and Revocation DubClub reserves the right to modify, suspend, limit, or revoke all or any portion of your DBX balance, without liability, in the event of:
    • (a) fraud or suspected fraud;
    • (b) an Apple IAP or Google IAP refund, chargeback, or payment dispute;
    • (c) a technical error resulting in an incorrect DBX credit;
    • (d) abuse of the Platform or violation of these Terms; or
    • (e) as otherwise required by applicable law.
    Where practicable, DubClub will provide you with notice before or promptly after taking any such action. DubClub's determination regarding the applicability of any of the foregoing grounds shall be final.
  9. Account Termination

    If you wish to close your account, you may do so at any time through the Platform. We recommend that you spend any remaining DBX before initiating the closure process. Upon submission of an account closure request, you will have thirty (30) days to spend your remaining DBX balance before the closure takes effect. Any DBX remaining in your account after that thirty (30) day period will be forfeited.

    If DubClub terminates your account for violation of these Terms, fraud, or any other reason permitted under these Terms, all DBX balances in your account, including both Purchased and Promotional DBX, are forfeited as of the date of termination. Forfeited DBX will not be refunded, converted to cash, credited to any other account, or otherwise compensated, except as required by applicable law. DubClub bears no liability for the loss of any DBX balance resulting from account termination.

  10. Access Period When you spend DBX to unlock a Partner's Content, you receive access to that Partner's Content for a defined period of time from the date of the transaction (the "Access Period"). The Access Period is a one-time grant and does not auto-renew. To continue accessing a Partner's Content after the Access Period expires, you must spend additional DBX. The Access Period is separate from, and does not affect, any active subscription you may have to the same or a different Partner Product.
  11. No Wagering DubClub is not a sportsbook, betting operator, or gambling platform. DBX may not be used to place, fund, or settle any wager, bet, or other gambling transaction, whether on the Platform or on any third-party sportsbook, casino, or similar service. DubClub does not award DBX as prizes, and DBX are not staked on or determined by any outcome or element of chance. Any use or attempted use of DBX in connection with activity that constitutes a violation of these Terms may result in immediate account termination and forfeiture of all DBX balances, both Purchased and Promotional, without refund or compensation of any kind.
  12. Consumer Disclosures The following disclosures apply to all DBX transactions on the Platform:
    • (f) DBX are consumable digital credits used only to unlock Content on the Platform.
    • (g) Purchased DBX do not expire.
    • (h) DBX have no cash value, are non-transferable, and are not redeemable for cash.
    • (i) DBX purchases are processed through Apple IAP or Google IAP and are generally non-refundable, subject to Apple and Google's refund process and applicable law.
    • (j) DBX purchases do not auto-renew.
    • (k) DubClub may display additional disclosures at the point of purchase within the Platform.

Rights & Rules

  1. Intellectual Property.
    • We own all proprietary rights in the Platform and our products, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. Our trade names, trademarks and service marks include our name and any associated logos. All trade names, trademarks, service marks and logos on the Platform not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained in the Platform should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
    • Partners own all proprietary rights in their Content, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. Partners grant us permission to use or disclose Content (including any personal information therein) as necessary or appropriate to provide the Service and operate the Platform.
  2. Compliance with Laws. You represent and warrant that your use of the Platform, together with your creation, distribution, and use, as applicable, of Content and Products (collectively, the "Service"), will comply with all applicable laws and regulations. You are solely responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations or other applicable laws.
  3. Messaging. As always, message and data rates may apply for any messages sent to you from us and to us from you, and from a Partner to a Subscriber. For example, you will receive messages from us every time you attempt to login with a phone number and receive a code for verification. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you are experiencing issues with the messaging program, you can get help directly by emailing [email protected].
  4. Monitoring. Although we're not obligated to monitor access to or use of the Service or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, Product or the Platform, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute Members who violate the law. Any individual who is found to be in violation of these Terms will be immediately and permanently banned from DubClub, subject to the Company's discretion, and not entitled to a refund.
  5. Acceptable Use. DubClub has a zero tolerance policy for any Content that promotes violence, hate speech, impersonation, plagiarism, porn or sexually exploitative content, animal cruelty, selling illegal goods or services, or the public sharing of private information (such as home phone numbers or physical addresses). Any individual whose Content is found to be in violation of these standards will be immediately and permanently banned from DubClub at our discretion, and not entitled to a refund. Any reference to "Content" in this Section 14 includes content published on and off of the Platform. You agree not to do any of the following:
    • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) attempts to influence Subscribers to join other platforms deemed unacceptable by us;
    • Use, display, mirror or frame the Service or any individual element within the Service, DubClub's name, any DubClub trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without DubClub's express written consent;
    • Access, tamper with, or use non-public areas of the Platform, DubClub's computer systems, or the technical delivery systems of DubClub's providers;
    • Attempt to probe, scan or test the vulnerability of any DubClub system or network or breach any security or authentication measures;
    • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DubClub or any of DubClub's providers or any other third party (including another Member) to protect the Platform or Content;
    • Attempt to access or search the Platform or Content or download Content from the Platform through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by DubClub or other generally available third- party web browsers;
    • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    • Use any meta tags or other hidden text or metadata utilizing a DubClub trademark, logo URL or product name without DubClub's express written consent;
    • Use the Service, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
    • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
    • Interfere with, or attempt to interfere with, the access of any Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform;
    • Collect or store any personally identifiable information from the Service from other Members without their express permission;
    • Impersonate or misrepresent your affiliation with any person or entity;
    • Violate any applicable law or regulation; or
    • Encourage or enable any other person to do any of the foregoing.
  6. Copyright Infringement. DubClub does not allow copyright infringement on the Platform. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. DubClub reserves the right to remove Content alleged to be infringing and to terminate the accounts of repeat infringers, without a refund. If you wish to report a copyright infringement, please send a notice containing the below information to our designated agent at [email protected]. If you do submit a notice to us, please note that we may forward your notice, including your contact information, to the Member who posted or used the Content that you are reporting. When reporting a claim of copyright infringement, please ensure your notice includes the following:
    • The name, address, telephone number, and email address of the copyright owner;
    • An identification or description of the copyrighted work that you claim is being infringed;
    • A description of the Content on or sent through the Platform that you claim infringes your copyright;
    • An identification of where the allegedly infringing Content is located;
    • A statement that: (a) you have a good faith belief that the use isn't authorized by the copyright owner, its agent or the law; (b) the information in your notice is accurate; and (c) under penalty of perjury, you are the owner or you are authorized to act on behalf of the copyright owner; and
    • An electronic or physical signature from the copyright owner or someone authorized to act on their behalf.
  7. Confidentiality. All information shared via the Platform is strictly proprietary and confidential. As a Subscriber, Content received from a Partner is for your personal use only, and sharing or redistributing any Content to any third party is strictly prohibited. This includes: electronic, verbal, or written redistribution. Any individual who is found to be sharing Content or other protected information externally will be immediately and permanently banned from DubClub at our discretion, and not entitled to a refund.
  8. Responsible Gaming. Sports betting and real-money gaming involve financial risk. If you or someone you know has a gambling problem, free and confidential help is available 24/7. Contact the National Council on Problem Gambling at 1-800-GAMBLER (1-800-426-2537) or visit www.ncpgambling.org.
  9. Privacy. We value the privacy of our Members. If you have any questions regarding privacy and user consent, please read our privacy policy. DubClub uses Google's invisible reCAPTCHA service to protect the Platform from fraud and abuse without creating friction for users. Our use of reCAPTCHA is subject to Google's Privacy Policy and Terms of Service.

Liability

  1. DISCLAIMER OF WARRANTIES. The Content provided through and on the Platform is strictly meant for informational and entertainment purposes only. As such: THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET OR SATISFY YOUR EXPECTATIONS, ASSUMPTIONS OR REQUIREMENTS OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, PRODUCT OR CONTENT ON OR ASSOCIATED WITH THE PLATFORM. YOUR USE OF THE SERVICE AND MAKING OF ANY DECISIONS OR OUTCOMES BASED THEREON, AND YOUR SELECTION OF PARTNER(S) AND THEIR CONTENT AND PRODUCTS, IS EACH AT YOUR SOLE RISK AND DISCRETION. IF YOU CHOOSE TO UTILIZE ANY INFORMATION, PRODUCT OR CONTENT ON OR ASSOCIATED WITH THE PLATFORM OR ANY PARTNER, YOU DO SO SOLELY AT YOUR OWN RISK.
  2. Indemnity.
    • You will indemnify DubClub and hold us and our officers, directors, employees and agents, harmless from and against any third party liabilities, damages, losses, and costs and expenses, including, but not limited to, reasonable legal fees in connection with any claims (including, but not limited to, a claim from another Member) related to or arising from (i) your access to or use of the Service; or (ii) your violation of these Terms.
    • DubClub will indemnify you and hold you harmless from and against any third party liabilities, damages, losses, and costs and expenses, including, but not limited to, reasonable legal fees, related to or arising from a third-party claim that the Platform (excluding for the avoidance of doubt any Content or Product), or your use thereof in strict accordance with these Terms, infringes a U.S. intellectual property right of a third party.
  3. LIMITATION OF LIABILITY. Your interactions with organizations and individuals found on or through the Platform, including use (or creation or distribution) of or payment (or receipt of payment) for Content and Products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that DubClub is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. As such:
    • TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUBCLUB AND ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PLATFORM WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DUBCLUB OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    • TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT WILL DUBCLUB'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE FEES PAID BY YOU TO DUBCLUB DURING THE SIX MONTH PERIOD PRECEDING THE EVENT THAT CREATED THE LIABILITY OR TEN THOUSAND DOLLARS ($10,000), IF YOU HAVE NOT PAID DUBCLUB HEREUNDER DURING THAT PERIOD; THE FOREGOING LIMITATION OF LIABILITY WILL NOT APPLY TO DUBCLUB'S INDEMNIFICATION OBLIGATIONS IN SECTION 19 ABOVE.

Messaging

As always, message and data rates may apply for any messages sent to you from us and to us from you, and from a Partner to a Subscriber. For example, you will receive messages from us every time you attempt to login with a phone number and receive a code for verification. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you are experiencing issues with the messaging program, you can get help directly by emailing [email protected].

For Account Managers and designated partners using our SMS integration tool, you must explicitly opt in to receive SMS communications by selecting “Opt in to SMS” via the dedicated form on the Platform. Such SMS communications are intended solely for operational and transactional purposes related to account management and updates to your book of business, and are not for subscriber-facing marketing communications. You may withdraw your consent at any time by contacting support or by adjusting your SMS preferences in your account settings.

Privacy

We value the privacy of our Members. If you have any questions regarding privacy and user consent, please read our privacy policy. DubClub uses Google's invisible reCAPTCHA service to protect the Platform from fraud and abuse without creating friction for users. Our use of reCAPTCHA is subject to Google's Privacy Policy and Terms of Service.

For Account Managers and designated partners using our SMS integration tool, please opt in to receive SMS communications by selecting the “Opt in to SMS” option on the Platform. By doing so, you agree to receive operational SMS messages solely for account management and business updates. Consent may be withdrawn at any time by updating your SMS preferences or contacting support.

Final Details

  1. Term and Termination.
    • You or DubClub may terminate these Terms at any time for any reason. You may do so by terminating your account. We may do so by giving notice that we are terminating these Terms and/or by discontinuing the Platform. Upon such termination of these Terms, your right to use the Platform will immediately cease.
    • Upon any termination or discontinuation of the Platform or these Terms, any section of these Terms which by its nature or context is intended to survive termination will so survive. If you are a Subscriber, you are still obligated for all outstanding Partner and Service Fees accrued up until the date of termination or discontinuation.
  2. Changes to these Terms or the Platform. We may update these Terms from time to time at our sole discretion. If we do, we will post the updated Terms to the Platform and our website (as applicable). If you continue to use the Platform after the effective date of the updated Terms, it means that you accept and agree to the updates. If you do not agree to be bound by the updates, you may not continue to use the Service. Because the Platform is evolving over time, we may change all or any part of the Platform, at any time and without notice, at our sole discretion.
  3. Feedback. You may provide suggestions, comments, input or other feedback ("Feedback") regarding the Service. If you elect to provide us with any Feedback, then you grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. You understand that we may use any Feedback you provide to improve the Service or to develop new features, products and services.
  4. Links to Third Party Websites or Resources. The Platform may contain links to third-party websites or resources. DubClub provides these links solely for your convenience and does not control, endorse, or assume responsibility for the content, products, services, privacy practices, or security of any third-party website. You acknowledge and agree that DubClub is not a party to, nor responsible for, any transaction you may enter into with a third party, and that your use of any third-party website is at your own risk. DubClub expressly disclaims any liability for any loss or damage arising from your use of or reliance on any third-party website. We encourage you to review the terms of use and privacy policies of any third-party website you visit. The inclusion of any link does not imply endorsement or any association between DubClub and the third party.
  5. Miscellaneous.
    • These Terms, the Partner Usage Agreement (for Partners only), our Refund Policy and our Privacy Policy constitute the entire and exclusive understanding and agreement between DubClub and you regarding the Service (collectively, the "Agreement"), and supersede and replace all prior oral or written understandings or agreements between DubClub and you regarding the Service. If any provision of the Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of the Agreement will remain in full force and effect. You may not assign or transfer the Agreement, by operation of law or otherwise, without DubClub's prior written consent. Any attempted assignment is null and void. DubClub may freely assign or transfer without restriction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. Except for DubClub's indemnitees under Section 19, the Agreement is for the sole benefit of you and DubClub and our successors and permitted assigns and will not be construed as conferring any rights to any third party (including, but not limited to, any third-party beneficiary rights).
    • The Agreement will be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions.
    • Any notices or other communications provided by DubClub under the Agreement will be given: (i) via email and/or (ii) by posting to the Platform and our website (as applicable). For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Any notices provided by a Member to DubClub under the Agreement will be given via email to [email protected].
    • DubClub's or a Member's failure to enforce any right or provision of the Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DubClub or the Member (as applicable).
    • In the event of any dispute between you and any other Member, DubClub will have no obligation to intervene or participate in any manner, and you will resolve any such disputes directly with the other Member.
    • Any controversy, dispute, or claim of any nature arising out of, in connection with, or in relation to the interpretation, performance, enforcement or breach of the Agreement will be resolved by binding arbitration.
    • You agree that we may reference you publicly as a Member, including in our marketing and press materials and social channels. If you would prefer not to be referenced as such, please contact us at [email protected].
    • If you have any other questions about the Agreement or the Platform, please contact us at [email protected] or DubClub, Inc., 2045 West Grand Avenue, Ste B PMB 29983, Chicago, IL 60612.

Last updated: August 14, 2026