Betr Predictions - Terms and Conditions

Effective Date: September 2, 2026

IMPORTANT: These Terms contain a binding arbitration agreement and class action waiver. By accessing or using Betr Predictions, you agree to these Terms and Betr’s Privacy Policy. If you do not agree, do not use Betr Predictions.

1.Overview

Betr Predictions is a technology interface provided by Betr Holdings, Inc. (“Betr,”“we,” “us,” or “our”) through which eligible users may access event-based derivative contracts (“Event Contracts”) offered by QCX LLC d/b/a Polymarket US(“Polymarket US”) and cleared by QC Clearing LLC d/b/a Polymarket Clearing(“Polymarket Clearing”). Polymarket US is a CFTC-regulated designated contract market and Polymarket Clearing is a CFTC-regulated derivatives clearing organization.

Betr acts only as an independent software vendor (“ISV”). Betr is not a designated contract market, derivatives clearing organization, broker-dealer, introducing broker, futures commission merchant, exchange, clearing organization, or CFTC registrant. Betr does not execute, match, clear, settle, or determine theoutcome of Event Contracts.

Your relationship with Betr is governed by these Terms and our Privacy Policy. Your Polymarket account, exchange and clearing membership, Event Contracts, trading activity, customer funds after transfer, and related rights and obligations are governed separately by the applicable Polymarket US and Polymarket Clearing agreements, rulebooks, contract terms, and other governing documents(collectively, the “Polymarket Rules”). The Polymarket Rules control with respect to exchange execution, clearing, settlement, custody, and other matters within the authority of Polymarket US or Polymarket Clearing.

2.Eligibility; Account; Authorization

 You may use Betr Predictions only if you are at least 18 years old (or the greater age required by applicable law), legally capable of entering these Terms, physically located in a jurisdiction where the applicable functionality is available, and otherwise eligible under applicable law and the Polymarket Rules. Availability may vary by jurisdiction and change without notice. Betr may use geolocation, identity-verification, sanctions-screening, and other compliance technologies or service providers.

To trade Event Contracts, you must open and maintain any account required by Polymarket US or Polymarket Clearing and accept the Polymarket Rules. By using Betr Predictions, you authorize Betr and its service providers to transmit your trading instructions, funding and withdrawal requests, account information, and other information necessary to provide the service to Polymarket US, Polymarket Clearing, their regulated affiliates, and applicable service providers. Betr does not exercise trading discretion for you. You are responsible for safeguarding your credentials and devices and for activity conducted through your accounts.

3. Orders; Funds; Settlement

Orders submitted through Betr Predictions are subject to acceptance, rejection, execution, cancellation, correction, suspension, and settlement by Polymarket US, Polymarket Clearing, or their systems under the Polymarket Rules. Betr does not guarantee that an order will be accepted or executed, executed at a displayed or requested price, or settled within any particular period. Any Polymarket US determination regarding the resolution or settlement of an EventContract is controlling for purposes of Betr Predictions, subject to any rights available under the Polymarket Rules.

Deposits for Betr Predictions may pass through a dedicated funding entity solely to facilitate transfer to Polymarket Clearing or its designated custodian. Neither Betr nor that funding entity acts as custodian or acquires beneficial ownership of those funds. After transfer, custody, availability, withdrawal, restriction, return, and release of customer funds are governed by the Polymarket Rules and applicable law, and Betr does not hold, custody, restrict, seize, apply, or release those funds.

4.Risk Disclosure

Trading Event Contracts involves significant risk. You may lose the full amount committed to a trade, including fees. Prices may change rapidly; displayed prices may not be available when an order reaches the exchange; liquidity maybe limited; trading may be suspended; and orders may be rejected, cancelled, corrected, delayed, or partially executed. Contract prices reflect market expectations and may not represent the actual probability of an outcome.

Event Contracts may be resolved using a designated Source Agency or other source specified by the exchange, and errors, delays, outages, cybersecurity incidents, inaccurate reporting, or other failures may cause losses.Manipulation or misconduct may occur notwithstanding regulatory and exchange protections. Betr does not guarantee any profit, price, execution, settlement, or outcome. Past performance does not guarantee future results. Neither Betr nor its affiliates provides investment, legal, tax, or trading advice, and you are solely responsible for your trading decisions.

5.Acceptable Use; Suspension

You may not use Betr Predictions in violation of applicable law, these Terms, or the Polymarket Rules; circumvent geolocation, identity, sanctions, or other controls; use another person’s account or credentials; provide false information; engage in fraud, manipulation, collusion, misuse of material nonpublic information, or other prohibited trading practices; interfere with or gain unauthorized access to the service or connected systems; reverse engineer or scrape the service except as permitted by law; or use automated means except as authorized by Betr.

Betr may restrict, suspend, or terminate access to Betr Predictions if we reasonably believe you violated these Terms, the Polymarket Rules, or applicable law; if requested or required by Polymarket US, Polymarket Clearing, a regulator, law enforcement, court, or other authority; or if reasonably necessary to protect the service, users, or third parties. Actions affecting Event Contracts or customer funds held by Polymarket Clearing remain subject to the Polymarket Rules and the authority of the applicable regulated entity.

6. Third-PartySystems; Disclaimers

Betr Predictions depends on third-party systems, data, networks, market-data providers, Source Agencies, payment providers, geolocation providers, Polymarket US, and Polymarket Clearing. Betr does not control those third parties and is not responsible for their acts, omissions, outages, delays, errors, market suspensions, order actions, liquidity conditions, settlement determinations, or other failures outside Betr’s reasonable control.

TO THE FULLEST EXTENT PERMITTED BY LAW, BETR PREDICTIONS IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. BETR DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,ACCURACY, AVAILABILITY, AND SECURITY.

7. Privacy; Intellectual Property

Betr’s collection and use of personal information is described in our Privacy Policy. You authorize Betr to share information as reasonably necessary to provide Betr Predictions, comply with law, prevent fraud, and support the Polymarket relationship. Betr and its licensors own the Betr Predictions interface, software, content, trademarks, and other intellectual property. Subject to these Terms, Betr grants you a limited, revocable, non-transferable right to use Betr Predictions for your personal, lawful use.

8.Limitation of Liability

YOU HEREBY ACCEPT THAT BY USING BETR PREDICTIONS, THERE IS A RISK THAT YOU MAY LOSE MONEY. YOU AGREE THAT YOUR USEOF BETR PREDICTIONS IS AT YOUR OWN RISK AND BETR, ITS PARENT COMPANIES,SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS,OFFICERS, MANAGERS, SHAREHOLDERS, AGENTS, SERVICE PROVIDERS, VENDORS,LICENSORS, LICENSEES, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE“BETR PARTIES”) ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR CONSEQUENCES ALLEGED TO HAVE OCCURRED THROUGH YOUR USE OR MISUSE OF BETR PREDICTIONS, EXCEPT TO THE EXTENT LIABILITY CANNOT LAWFULLY BE LIMITED.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BETR PARTIES WILL NOT BE LIABLE TO YOU FOR LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,ENHANCED, PUNITIVE, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA,LOST TRADING OPPORTUNITIES, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE, OR OTHER INTANGIBLE LOSS, EVEN IF THE BETR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DONOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO ONE OR MORE OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

SOLE AND EXCLUSIVE REMEDY / LIMITATION ON RECOVERY. UNLESS OTHERWISE PROHIBITED BY LAW OR PERMITTED IN THESE TERMS OR THE BINDING ARBITRATION AGREEMENT (SEE SECTION 10), IN ANY DISPUTE WITH THE BETR PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY CAUSE SHALL BE LIMITED TO THE AMOUNT, IFANY, PAID DIRECTLY TO BETR BY YOU IN CONNECTION WITH BETR PREDICTIONS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT SUCH CLAIM.

THE BETR PARTIES ARE NOT LIABLE FOR THE FAILURE OF EQUIPMENT OR SOFTWARE, WHEREVER LOCATED OR ADMINISTERED AND WHETHER UNDER BETR’S DIRECT CONTROL OR NOT, THAT MAY PREVENT OR IMPAIR THE OPERATION OFBETR PREDICTIONS, THE TRANSMISSION OR RECEIPT OF TRADING, FUNDING, OR WITHDRAWAL INSTRUCTIONS, OR YOUR ABILITY TO CONTACT BETR. THE BETR PARTIES WILL NOT BE LIABLE FOR LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH BETR PREDICTIONS, OR FOR MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF BETR PREDICTIONS. BETR MAY SUSPEND OR DISCONTINUE BETR PREDICTIONS WITHOUT INCURRING LIABILITY, SUBJECT TO APPLICABLE LAW.

You acknowledge and agree that Betr has made Betr Predictions available to you and entered into these Terms in reliance upon the representations and warranties, disclaimers, and limitations of liability set forth herein, which reflect an allocation of risk between you and Betr and form an essential basis of the agreement between you and Betr.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF BETR’S ACTS OR OMISSIONS OR YOUR USE OF BETR PREDICTIONS ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF, OR ANY PERSON’S ABILITY TO ACCESS, ANY PORTION OF BETR PREDICTIONS. IF YOU ARE DISSATISFIED WITH BETR PREDICTIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING BETR PREDICTIONS, EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW.

THE BETR PARTIES ARE NOT LIABLE FOR LOSSOR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY ACT OF GOD; POWER FAILURE; TRADE OR LABOR DISPUTE; ACT, FAILURE, OR OMISSION OF ANY GOVERNMENT OR AUTHORITY;OBSTRUCTION OR FAILURE OF TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY, OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE BETR’S REASONABLE CONTROL.

You acknowledge and agree that it is your responsibility to ensure that you are legally allowed to access and use Betr Predictions under the laws applicable to you. Betr cannot provide legal advice or assurances regarding the legality of your use. To the fullest extent permitted by applicable law, you waive any right to bring a claim under any gambling loss recovery act or similar statute, or otherwise challenge the legality of Betr Predictions as a basis to recover losses from Betr.

The foregoing limitations of liability apply even if the relevant events or circumstances were foreseeable and even if the Betr Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether an action is based in contract, negligence, strict liability, tort, or another theory.

One-Year Limitations Period for All Claims. Unless applicable law provides a shorter period, you and Betr agree that any claim arising out of or related to Betr Predictions, these Terms, or Betr’s Privacy Policy must be asserted no later than one (1) year after the action, omission, event, or occurrence giving rise to the claim, after which the claim will be time-barred, notwithstanding the existence of a statute or law providing a longer period, to the fullest extent permitted by applicable law.

Exceptions to Disclaimers and Limitation of Liability. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES, OR DAMAGES, SO SOME OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU. TOTHE EXTENT THE LAW OF SUCH A JURISDICTION APPLIES, BETR’S WARRANTIES,LIABILITIES, AND AVAILABLE DAMAGES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SEVERABILITY. TO THE EXTENT ANY LIMITATION OR DISCLAIMER IN THESE TERMS IS NOT PERMITTED BY THE LAW OF AN APPLICABLE JURISDICTION, THAT PROVISION SHALL NOT APPLY AND SHALL BE DEEMED SEVERABLE AND STRICKEN. SUCH SEVERANCE SHALL NOT AFFECT THE ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OR THE ARBITRATION AGREEMENT IN SECTION 10. TO THE FULLEST EXTENT PERMITTED BY LAW AND EQUITY, ANY UNENFORCEABLE PROVISION MAY BEBLUE-PENCILED OR CONSTRUED TO GIVE EFFECT TO THE PARTIES’ INTENT AND MAY BE DEEMED REPLACED BY AN ENFORCEABLE PROVISION THAT COMES CLOSEST TO THAT INTENT.

9. Mandatory Initial Dispute Resolution

The parties shall use best efforts to resolve informally any customer service issue or claim arising from Betr Predictions or these Terms (a “Dispute”) promptly and in good faith. If your Dispute is not resolved by customer service, you must first submit a Notice of Dispute as set forth below and attempt to resolve the Dispute informally with Betr prior to and as a condition precedent to initiating arbitration or any other formal proceeding. After you and Betr have completed this informal dispute resolution procedure, you may pursue arbitration as set out in Section 10 below (or a lawsuit if you have properly opted out of arbitration).

All informal dispute resolution procedures shall be conducted individually between Betr and you. Multiple individuals with Disputes cannot participate in the same informal dispute resolution process.

Notice of Dispute Required Prior to Arbitration.

The party initiating a claim over a Dispute must give notice to the other party in writing of its intent to initiate an informal dispute resolution procedure(“Notice of Dispute”). A Notice of Dispute should be filed within ten (10)calendar days of the situation giving rise to the Dispute and must include the following information:

·   be labelled “NOTICE OF DISPUTE” or otherwise contain those words at the beginning of the Notice or in the subject line;

·   be sent to Betr’s Legal Team at [email protected];

·   your username and email address associated with Betr Predictions or your applicable Polymarket account;

·   your first and last name;

·   your residence address;

·   your telephone number;

·   a detailed explanation of the complaint or claim and the basis for it;

·   any specific dates and times associated with the complaint or claim, if applicable; and

·   the remedy, action, and amount of money you are seeking from Betr.

Upon receipt of your Notice of Dispute, if Betr requires additional information to review and investigate the Notice of Dispute, Betr will request that information in writing. You must provide requested additional information within seven (7) calendar days. Failure to provide the required information may delay Betr’s ability to identify and respond to the Notice of Dispute and shall extend the time period for resolution before a formal proceeding may be commenced, as permitted by these Terms.

Depending upon the nature of the Dispute, Betr may, in its sole discretion, request a video or telephonic informal dispute resolution conference and, in such case, participation in the conference is a condition precedent to initiating arbitration or any formal proceeding over a Dispute. If a party is represented by counsel (at that party’s sole cost and expense), counsel may participate, but each party shall also attend and participate in the conference.

Good Faith Efforts to Settle Disputes.

After submission of the Notice of Dispute and any required additional information, the parties shall engage in good faith negotiations to settle the Dispute as a condition precedent to either party initiating formal arbitration. If the parties do not reach an agreed solution within sixty (60) days after the initial Notice of Dispute, either party may initiate binding arbitration underSection 10, subject to the Arbitration Agreement.

The Notice of Dispute and informal dispute resolution process is a condition precedent to commencing any formal arbitration proceeding under Section 10 or any lawsuit if you have successfully opted out of the Arbitration Agreement.Any relevant limitations period or other deadline will be tolled solely by the amount of time the parties engage in this informal dispute resolution process.This Section 9 remains in effect even if you opt out of arbitration.

10. Binding Arbitration Agreement and Class Action Waiver

PLEASE READ THIS BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (THE“ARBITRATION AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU AND BETR TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND BETR CAN SEEK RELIEF FROM EACH OTHER. THIS ARBITRATION AGREEMENT APPLIES TO ANY CLAIMS YOU OR BETR CURRENTLY POSSESS AND ANY CLAIMS THE PARTIES MAY RAISE INTHE FUTURE

OPT-OUT— WHILE YOU MUST AGREE TO THESE TERMS TO USE BETR PREDICTIONS, IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH BETR, THERE IS AN OPTION,DESCRIBED BELOW, TO OPT OUT OF THE ARBITRATION PROVISIONS. THE OPTION TO OPTOUT IS LIMITED TO THIRTY (30) DAYS AFTER ENTERING THIS ARBITRATION AGREEMENT.

If you reside in or access Betr Predictions at any time while located in the United States, this Arbitration Agreement shall be construed under and subject to theFederal Arbitration Act (“FAA”), notwithstanding any other choice of law set out in these Terms.

THIS ARBITRATION AGREEMENT SETS FORTH HOW PAST, PENDING, AND FUTURE DISPUTES BETWEEN YOU AND BETR SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO AJURY. ANY DISPUTE WITH BETR MUST PROCEED FOR YOUR OWN LOSSES ONLY; YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE OR MEMBER, AS PART OF A COLLECTIVE, PRIVATE ATTORNEY GENERAL, QUI TAM, OR OTHER REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS.

Option and Procedure to Opt Out of Arbitration.

If you have not previously agreed to an arbitration provision with Betr, you may opt out of this Arbitration Agreement by following the instructions below. If you do not opt out, the arbitration provisions will apply retroactively to all claims you may possess, whether asserted to date or not.

IF YOU DO NOT WISH TO AGREE TO THIS SECTION 9 REQUIRING ARBITRATION AND CLASS ACTION WAIVER, AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH BETR, YOU MUST, WITHIN THIRTY (30) DAYS AFTER ENTERING THIS ARBITRATION AGREEMENT, SEND WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO: BETR HOLDINGS,INC., ATTN: LEGAL DEPARTMENT, 290 NE 68TH STREET, MIAMI, FL 33138. REQUESTS TOOPT OUT AFTER THE 30-DAY PERIOD SHALL NOT BE EFFECTIVE.

Whether to agree to arbitration is an important decision. You should take reasonable steps to conduct further research and consult with counsel, at your expense, regarding the consequences of your decision.

Waiver of Class Relief and Collective Action.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR BETR SHALL BE ENTITLED TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL CLAIMS BASIS AND FOR YOUR OWN LOSSES. YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE OR MEMBER, AS PART OF ANY PROPOSED CLASS OR COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION, OR OTHER REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS. YOU AND BETR EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY SUCH PROCEEDING EXISTING AS OF THE DATE YOU ACCEPT THIS ARBITRATION AGREEMENT.

Acceptance of Terms.

By using or otherwise accessing Betr Predictions, or clicking to accept or agree to these Terms where that option is made available, you confirm that you have read and accept this Arbitration Agreement. Except to the extent you properly opt out, all of your activity relating to Betr Predictions and all transactions with Betr, including events occurring before acceptance of this ArbitrationAgreement, are subject to this Arbitration Agreement.

Scope of Agreement to Arbitrate.

You and Betr agree that any past, pending, or future dispute, claim, or controversy arising out of or relating to your access to or use of Betr Predictions, any transaction or instruction submitted through Betr Predictions, these Terms, or Betr’s Privacy Policy (including any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Arbitration Agreement or these Terms) (a “Dispute”) shall be determined by arbitration, including claims that arose before acceptance of any version of this Arbitration Agreement.

Delegation of Disputes to Arbitrator.

In the event of any Dispute concerning or relating to this ArbitrationAgreement—including its scope, validity, enforceability, or severability, as well as the arbitrability of any claims—you and Betr delegate to the Arbitrator exclusive jurisdiction to rule on such issues, including objections concerning the Arbitrator’s jurisdiction over any claim or counterclaim.

Small Claims.

Notwithstanding the foregoing, each party retains the right to seek relief in a small claims court for disputes or claims solely within that court’s jurisdiction.

Third-Party Beneficiaries.

You agree and intend that this Arbitration Agreement and these Terms are entered into for the express benefit of your spouse, heirs, children, and next-of-kin and shall bind them to the extent of any claims arising from your use of Betr Predictions that are brought by them or by any person for their use or benefit.This Arbitration Agreement is also intended to benefit and bind any successor-in-interest or assignee of Betr.

Other Parties.

To the extent a Dispute involves or includes any person involved in offering, providing, or administering Betr Predictions, including Betr’s affiliates, subsidiaries, agents, employees, officers, directors, consultants, suppliers, advertisers, marketers, payment processors, banks, financial intermediaries,Internet service providers, application developers or hosts, data storage services, vendors, service promoters, partners, or contractors, such Dispute shall also be deemed within the scope of this Arbitration Agreement and such persons shall be entitled to enforce it to the extent permitted by applicable law.

IntellectualProperty.

Notwithstanding the requirement to arbitrate in this Section 10, you and Betr are not required to arbitrate claims for alleged unlawful use of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents. In such matters, either party may seek injunctive relief from a court of competent jurisdiction.

Separate Agreement.

The parties acknowledge that this Arbitration Agreement is a separate agreement governed by the FAA and is deemed separate from any other agreement, including the remainder of these Terms. Any alleged or determined invalidity or illegality of all or any part of these Terms, Betr Predictions, or Betr’s Privacy Policy shall have no effect upon the validity and enforceability of this Arbitration Agreement.

Applicable Law.

While the Federal Arbitration Act shall control with respect to this ArbitrationAgreement, to the extent the law of any state is applied or considered with respect to the validity, enforceability, scope, or interpretation of thisArbitration Agreement, the law of the State in which Betr offered, and you properly accessed and used, Betr Predictions giving rise to the applicable claim or controversy shall apply, without regard to principles of conflicts of law or choice of law.

Initiating Arbitration Under JAMS Rules.

Following completion of the initial dispute resolution process required by Section 9, you or Betr may seek arbitration of a Dispute in accordance with this Arbitration Agreement. JAMS will administer the arbitration under its ComprehensiveArbitration Rules and Procedures and, to the extent applicable, the JAMS MassArbitration Procedures and Guidelines (collectively, the “JAMS Rules”) in effect at the time this Arbitration Agreement is accepted by you. If the JAMSRules are updated or changed in a manner potentially applicable to a Dispute, the parties agree to consider in good faith whether the most recent version should apply. The JAMS Rules are available at www.jamsadr.com. If JAMS is unavailable or unwilling to hear the Dispute in accordance with thisArbitration Agreement, the parties shall agree to, or a court shall select, another arbitration provider subject to the procedural agreements in this Section 10.

Location.

Any arbitration proceeding shall be commenced and administered by JAMS’ offices in Miami, Florida, provided that either you or Betr may elect that the arbitration proceeding be conducted telephonically or through other remote electronic means. If a party initiates an arbitration proceeding in a JAMS office other than Miami, Florida, that party shall not object to a request by the other party to transfer administration to JAMS’ Miami office and shall, if necessary, refile and reinstitute the arbitration proceeding there.

Confidentiality of Arbitral Proceedings and Awards.

The parties agree that the nature and existence of all arbitration proceedings, including party filings, testimony, evidence at hearings, and any decision, award, or order issued by JAMS or an Arbitrator, shall be kept confidential and not used or disclosed to any person or entity other than a party’s accountant, tax preparer, legal counsel, insurer, officers, board members, or employees involved in the Dispute. Such filings and information shall not be filed in court or submitted in other proceedings, except that a reasoned award that is final and not subject to appeal within JAMS or further reconsideration may be filed for confirmation in federal court under the FAA in the judicial district of the residence of the party against whom the award or order was entered, provided the parties shall seek to file such award under seal to the fullest extent permitted by the court.\

Lack of Estoppel or Preclusive Effect.

The parties agree that issues determined in arbitration or any other proceeding between the parties shall be conducted and decided confidentially for the benefit of the parties only and shall have no preclusive or estoppel effect against a party in any subsequent or other arbitration or litigation matter, such that all issues shall be decided anew in any subsequent or other proceeding involving either party.

LimitedDiscovery.

To preserve the benefits and efficiencies of arbitration compared with civil litigation, discovery shall be limited and narrow. Discovery or exchange of non-privileged information relevant to the Dispute shall be allowed, but shall not be conducted as to issues not in dispute and not pertaining to your specific transactions or, in the case of a Mass Arbitration, the specific transactions of the mass claimants. Discovery may not be used to cure or avoid defects in pleadings. For claims brought by persons other than a user of Betr Predictions, Betr shall not be required to provide information concerning transactions or data other than those pertaining to specifically named and identified users, subject to any required authorization or release.

Individual Arbitration Procedures.

In addition to the other procedures in this Section 10, the following procedures apply to arbitrations initiated individually by you or Betr that are not treated as Mass Arbitrations under this Arbitration Agreement:

·   Applicable Rules. JAMS will administer the individual arbitration under its ComprehensiveArbitration Rules and Procedures, subject to the exceptions and modifications in this Arbitration Agreement. The JAMS Streamlined Arbitration Rules andProcedures and JAMS Expedited Procedures shall not apply unless all parties explicitly agree. JAMS Class Action Procedures shall not apply.

·   JAMS Fees. The JAMS Rules govern payment of arbitration fees. You will only be required to pay arbitration fees of $250 in connection with an arbitration initiated under this Section 10, but you remain responsible for your own attorneys’ fees.

·   Arbitrator Selection. The individual arbitration will be handled on the merits by a sole arbitrator. In lieu of JAMS Rule 15, the parties shall be presented with a list of eight (8) potential arbitrators, each side may strike three (3), and the parties shall rank the remaining candidates in order of preference. JAMS shall select the arbitrator with the highest combined preference. Any arbitrator presented on the strike list must be a practicing attorney or retired federal judge with at least ten years of substantive experience litigating or resolving complex business disputes, including motions to compel arbitration and disputes concerning arbitrability.

·   Initial Dispositive Motions. In lieu of JAMS Rule 18, either party may submit a dispositive motion at the outset of the arbitration to resolve issues other than an ultimate issue of fact, including defenses analogous to those contemplated by Rule 12 of the Federal Rules of Civil Procedure. The submission and scheduling of such motions shall be addressed at a conference before theJAMS arbitrator, and the remainder of the proceeding, including discovery, shall be stayed pending resolution absent good cause and immediate necessity to proceed.

·   Remedies. Except as otherwise waived or limited under these Terms or this ArbitrationAgreement, the arbitrator may award any remedies, including equitable or injunctive relief, that would be available in an individual lawsuit.

·   Reasoned Award. The award shall consist of a written statement signed by the Arbitrator regarding the disposition of each claim and the relief, if any, awarded. Unless the parties agree otherwise, the award shall be a reasoned award containing aconcise written statement of the reasons for the award.

·   Appeals. An award exceeding $50,000 in favor of either party, an award granting declaratory or equitable relief that would significantly impact the operation of Betr Predictions, or any award or finding that these Terms or thisArbitration Agreement (or any provision thereof) is unenforceable or unconscionable may be appealed in accordance with the JAMS Optional ArbitrationAppeal Procedures at either party’s election. If such a finding is part of an initial or interim award, it may be appealed and the remainder of the proceeding shall be stayed.

Mass Arbitration Procedures.

For purposes of this Arbitration Agreement, a “Mass Arbitration” is 25 or more similar Demands for Arbitration filed against the same party or related parties by individual claimants represented by the same law firm or by law firms acting in coordination. The following procedures apply to Mass Arbitrations:

·   Applicable Administrative and Procedural Rules. JAMS will administer Mass Arbitrations under the JAMS Mass Arbitration Procedures and Guidelines in effect at the time this Arbitration Agreement is accepted by the parties, subject to the exceptions and modifications in this Arbitration Agreement. The JAMS Comprehensive Arbitration Rules and Procedures shall apply as contemplated by the JAMS Mass Arbitration Procedures. The JAMS Streamlined Arbitration Rules and Procedures and JAMS Expedited Procedures shall not apply unless all parties explicitly agree. JAMS Class Action Procedures shall not apply.

·   JAMS Mass Arbitration Fee Schedule. The JAMS Mass Arbitration Procedures FeeSchedule shall apply. Mass Claimants shall be responsible for fees as required under that schedule, and you shall not be required to pay arbitration fees in excess of $250, although you remain responsible for your own attorneys’ fees.

·   No Per-Case Fees. It is the parties’ understanding that no per-case filing or administrative fees apply under the JAMS Mass Arbitration Fee Schedule in effect at the time of this Arbitration Agreement; specifically, the initial non-refundable filing fee applies regardless of the number of cases, and JAMS assesses its case-management fee and arbitration filing or appointment fee based on arbitrators appointed rather than on each individual demand. This administrative fee structure is a material consideration for the parties’ agreement to participate in a Mass Arbitration before JAMS. No party shall argue that per-case filing or administrative fees must be paid except to the extent required by then-applicable JAMS rules or non-waivable law.

·   Process Arbitrator Selection. In lieu of JAMS Rule 15 and the otherwise-applicable JAMS process-arbitrator selection procedure, JAMS shall present the parties with a list of five (5) potential Process Arbitrators; each side may strike two (2);and the Claimants and Respondent(s) shall rank the remaining candidates. JAMS shall select the candidate with the highest combined preference. The ProcessArbitrator must be a practicing attorney or retired federal judge with at least ten years of substantive experience litigating or resolving complex business disputes, including motions to compel arbitration and disputes concerning arbitrability.

·   InitialDispositive Motions. At the election of Claimants or Respondent(s), the parties may submit dispositive motions at the outset of the Mass Arbitration to resolve issues other than ultimate issues of fact that pertain to all Claimants or similar subsets of Claimants, including defenses analogous to those contemplated by Rule 12 of the Federal Rules of Civil Procedure or entitlement to judgment on the pleadings. The submission and scheduling of such motions shall be addressed at a conference before the JAMS Process Arbitrator, and the remainder of the Mass Arbitration, including discovery, shall be stayed pending resolution absent good cause and immediate necessity to proceed.

·   Batching by Process Arbitrator. Following determination of threshold dispositive issues, the parties expect that the Process Arbitrator shall batch, consolidate, or otherwise group the remaining Demands or claims in the Mass Arbitration for purposes of discovery, arbitrator appointments, merits hearings, or otherwise, consistent with the JAMS Mass Arbitration Procedures and this ArbitrationAgreement.

·   Process and Cooperation. Because Betr Predictions generally provides the same technology service to users and common issues of law or fact may predominate in a Mass Arbitration, the parties shall endeavor to stipulate to an expeditious process for resolution of initial dispositive motions, including the potential for a single Merits Arbitrator to decide common dispositive motions and issue a reasoned award applicable to the affected claims and defenses; appointment ofMerits Arbitrator(s) for claims remaining after dispositive motions with as few batches or subsets as reasonably practicable; and issuance of a single reasoned award for each batch or subset of claims.

·   Merits Arbitrator Selection. In lieu of JAMS Rule 15, for each Merits Arbitrator appointed in a Mass Arbitration, the parties shall be presented with a list of eight (8) potential arbitrators, each side may strike three (3), and theClaimants and Respondent(s) shall rank the remaining candidates. JAMS shall select the candidate with the highest combined preference. Each MeritsArbitrator must be a practicing attorney or retired federal judge with at least ten years of substantive experience litigating or resolving complex business disputes, including motions to compel arbitration and disputes concerning arbitrability.

·   Remedies. Except as otherwise waived or limited under these Terms or this ArbitrationAgreement, a JAMS arbitrator may award remedies, including equitable or injunctive relief, that would be available in an individual lawsuit.

·   Reasoned Award. The arbitration decision and award shall consist of a written statement signed by the Merits Arbitrator regarding the disposition of each claim and the relief, if any, awarded. Unless the parties agree otherwise, the award shall be a reasoned award containing a concise written statement of the reasons for the award.

·   Appeals. An award exceeding $50,000 in favor of either party, an award granting declaratory or equitable relief that would significantly impact the operation of Betr Predictions, or any award or finding that these Terms or thisArbitration Agreement (or any provision thereof) is unenforceable or unconscionable may be appealed in accordance with the JAMS Optional ArbitrationAppeal Procedures at either party’s election. If such a finding is part of an initial or interim award, it may be appealed and the remainder of the proceeding shall be stayed.

Certification.

By signing a demand for arbitration, a party certifies, to the best of that party’s knowledge, information, and belief formed after a reasonable inquiry, that: (i) the demand is not presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and legal contentions are warranted by existing law or a non-frivolous argument for extending, modifying, or reversing existing law or establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. TheArbitrator may afford relief or impose sanctions available under Federal Rule of Civil Procedure 11 or applicable state law, including attorneys’ fees, for violation of this requirement.

Severability.

TO THE EXTENT ANY PROVISION OF THIS ARBITRATION AGREEMENT IS NOT PERMITTED BY THE LAWOF AN APPLICABLE JURISDICTION, THAT PROVISION SHALL NOT APPLY AND SHALL BE DEEMED SEVERABLE AND STRICKEN FROM THE ARBITRATION AGREEMENT. THE REMAINDER OFTHE ARBITRATION AGREEMENT SHALL REMAIN IN FULL FORCE. TO THE FULLEST EXTENT PERMITTED BY LAW AND EQUITY, AN UNENFORCEABLE PROVISION MAY BE BLUE-PENCILED OR OTHERWISE CONSTRUED TO GIVE EFFECT TO THE PARTIES’ INTENT AND MAY BE DEEMED REPLACED BY AN ENFORCEABLE PROVISION THAT COMES CLOSEST TO THE INTENTION UNDERLYING THE UNENFORCEABLE PROVISION.

Waiver of Jury Trial.

EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY INANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO BETR PREDICTIONS, THESE TERMS, OR ANY TRANSACTION OR INSTRUCTION BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY.

11. Governing Law; General

Except to the extent governed or preempted by federal law, these Terms and the rights and claims of the parties arising from Betr Predictions are governed by the laws of the State in which Betr offered, and you properly accessed and used, Betr Predictions giving rise to the applicable claim or controversy, without regard to conflict-of-laws principles. Nothing in these Terms alters the application of federal law or the Polymarket Rules to Event Contracts, exchange activity, or clearing activity.

Betr may update these Terms by posting revised Terms and updating the EffectiveDate, with additional notice or renewed acceptance where required. Betr may modify, suspend, or discontinue Betr Predictions at any time, subject to applicable law. These Terms and Betr’s Privacy Policy are the agreement between you and Betr regarding Betr Predictions; they do not replace or modify the Polymarket Rules. If any provision is unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will remain in effect. Provisions that by their nature should survive termination will survive.

Questions may be sent to [email protected].

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