Triumph Labs Inc.

Effective Date: March 2, 2022

Updated: July 22, 2024

The Triumph Labs, Inc. website (“Website”), mobile application(s) (“App(s)”), and all services provided through the Website and App(s), including as related to Games and Tournaments (collectively, the “Services”) form the Triumph platform (“Platform”), which is made available by Triumph Labs, Inc. . Certain features of the Platform may be subject to additional guidelines, terms, or rules (collectively, “Additional Terms”), which will be posted on the Website or otherwise through the Platform in connection with such features. References to “you” and “your” refer to you, a user of the Platform.

THESE TERMS OF USE AND ALL APPLICABLE ADDITIONAL TERMS FORM THE FULL LEGALLY BINDING AGREEMENT BETWEEN TRIUMPH AND YOU REGARDING YOUR ACCESS TO AND USE OF THE PLATFORM (COLLECTIVELY, “AGREEMENT”). BY ACCESSING OR USING THE PLATFORM, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE PLATFORM OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE PLATFORM.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER

(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TRIUMPH ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. PRIVACY.

In the course of using the Platform, you may submit User Data (as defined below), including personal information, to Triumph. Triumph’s Privacy Policy details how we treat your User Data. We agree to abide by the Triumph Privacy Policy and you agree that Triumph may use and share your User Data in accordance with the Triumph Privacy Policy and applicable data privacy and protection laws.

2. ACCOUNTS.

2.1 Account Eligibility and Creation. In order to use the Platform, you must register for an account with Triumph (“Triumph Account”) and provide certain information about yourself as prompted by the registration form. A user may only have and maintain one (1) Triumph Account. ANY ATTEMPT TO CREATE MORE THAN ONE ACCOUNT IS A BASIS FOR IMMEDIATE TERMINATION OF ALL ACCOUNTS AND THE FORFEITURE OF ALL BALANCES ASSOCIATED WITH SUCH ACCOUNTS. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information at all times; and (iii) you meet the following account eligibility criteria:

(a) you are at least eighteen (18) years old;

(b) in order to participate in a real-money Tournament, you are physically located in a location that is explicitly identified as an Eligible Location (defined below);

(c) you have not been banned by Triumph for any reason; and

(d) you have a personal United States telephone number.

2.2 Verification of Account Information.