Terms of Service

THE FINE PRINT

Last updated: March 2025. By creating an account or using the Chalked mobile application (“App”), you agree to be legally bound by these Terms of Service (“Terms”). If you do not agree, do not use Chalked.

1. Eligibility

You must be 18 years of age or older to use Chalked. By creating an account, you represent and warrant that you meet this age requirement. We verify age at account creation and reserve the right to terminate accounts that cannot verify compliance. Chalked is currently available only in the United States. Use of the App from outside the United States is at your own risk and may violate local laws.

2. Nature of the Platform

Chalked is a social competition tracking platform, not a payment processor, escrow service, gambling operator, or financial institution. The App helps friends organize skill-based contests, record results, and coordinate voluntary peer-to-peer payments via Venmo deep-links.

Chalked does not:

  • Hold, process, transmit, or guarantee any funds.
  • Act as an intermediary for any payment.
  • Guarantee that any user will honor agreed entry fees or prize payments.
  • Offer any game of chance or lottery.

3. Contest Rules and Financial Risk

Contests on Chalked may involve voluntary entry fees and prize pools agreed upon by participants. By participating in a contest with an entry fee, you acknowledge and agree that:

  • You voluntarily assume all financial risk associated with any entry fee or prize payment.
  • All payments are made directly between participants via Venmo or any other method participants choose. Chalked is not a party to these transactions.
  • Chalked is not responsible for unpaid fees, disputed results, or any financial loss arising from your participation in contests.
  • You are solely responsible for ensuring that your participation in any contest with an entry fee complies with the laws of your jurisdiction.

4. Legal Compliance — Geographic Restrictions

Skill-based contests with entry fees may be regulated or prohibited in certain states or jurisdictions. You are solely responsible for determining whether your use of Chalked — including participation in contests with entry fees — complies with all applicable federal, state, and local laws where you reside or are located.

Users in jurisdictions where skill-based wagering is prohibited are not permitted to participate in contests with entry fees. Chalked reserves the right to restrict access to users in specific geographic regions at any time based on legal requirements.

5. User Conduct

You agree not to use Chalked to:

  • Engage in illegal gambling, money laundering, fraud, or any activity that violates applicable law.
  • Manipulate contest results or misrepresent your skill level.
  • Harass, threaten, or harm other users.
  • Upload content that is unlawful, obscene, defamatory, or infringes on third-party rights.
  • Attempt to circumvent any age verification, geo-restriction, or security measure.
  • Use automated tools to scrape, access, or manipulate the App.

6. Dispute Resolution — Arbitration Agreement

ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF CHALKED WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, EXCEPT AS OTHERWISE PROVIDED BELOW.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will take place in the county in which you reside or, if outside the US, by video or phone. You waive any right to a jury trial and to participate in a class action.

Exceptions: Either party may bring individual claims in small claims court. Nothing in this section prevents either party from seeking injunctive relief in court to protect intellectual property rights or confidential information.

To begin arbitration, send a written notice to legal@getchalked.app describing your claim and requested relief. We will attempt to resolve your claim informally for 30 days before either party initiates arbitration.

7. Indemnification

You agree to indemnify, defend, and hold harmless Chalked and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

  • Your access to or use of the App.
  • Your violation of these Terms.
  • Your violation of any applicable law, including any law relating to gambling, wagering, or skill-based contests.
  • Any dispute between you and another user regarding a contest, entry fee, or payment.
  • Any content you submit to the App.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • CHALKED IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
  • CHALKED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE APP.
  • CHALKED’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE APP IS LIMITED TO $100 USD OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.
  • CHALKED IS NOT LIABLE FOR THE ACTIONS OR OMISSIONS OF OTHER USERS, INCLUDING FAILURE TO PAY AGREED ENTRY FEES OR PRIZE POOLS.

9. Intellectual Property

The App and its content (excluding user-generated content) are owned by Chalked and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission. You retain ownership of content you upload (photos, voice recordings) but grant Chalked a limited, non-exclusive license to display and process it to operate the App.

10. Account Termination

You may delete your account at any time via Profile → Delete Account. We may suspend or terminate your account for violation of these Terms, suspected fraud, or legal compliance reasons. Upon termination, your right to use the App ceases immediately. Sections 3, 6, 7, 8, and 10 survive termination.

11. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via in-app notice or email at least 15 days before the change takes effect. Your continued use of the App after the effective date constitutes acceptance of the updated Terms. If you disagree, your sole remedy is to stop using the App and delete your account.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law provisions, except as modified by the arbitration agreement above.

13. Contact

Questions about these Terms? Contact us at legal@getchalked.app.