The rules of the road for using our app and website.
These Terms of Service (the "Terms") are a legal agreement between you and Gaming Data Solutions LLC, an Oklahoma limited liability company based in Edmond, Oklahoma ("we," "us," or "our"). They govern your use of:
Together we call these the "Services." By downloading, installing, or using the Services you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Services.
These Terms include a binding arbitration agreement and class-action waiver (Section 16). Please read that section carefully.
SmartScratcher is an information and analysis tool for lottery scratch-off tickets. We gather the prize and odds figures that state lotteries publish, run our own calculations on them, and present the results as ratings, rankings, charts, daily write-ups, and alerts. Some features are free; others require a paid subscription.
The Services currently cover scratch-off games sold in California, Florida, Georgia, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Oklahoma, South Carolina, Texas, Virginia, and Washington. Coverage may differ between the App and the Website while a new state is being rolled out, and we may add or remove states at any time. The current list is always shown in the App and on the Website.
We are not a lottery and we do not sell tickets. SmartScratcher is independent and is not affiliated with, endorsed by, or sponsored by any state lottery or any lottery vendor. Lottery names, game names, logos, and ticket artwork belong to the respective lotteries and appear in the Services only to identify the games being discussed.
You must be at least 18 years old to use the Services, or older if your state sets a higher minimum age to buy lottery tickets (for example, 21 in some states). By using the Services you confirm that you meet the age requirement where you live, that you are legally able to enter into these Terms, and that you will use the Services only where doing so is legal.
The Services are designed for people in the United States. If you use them from elsewhere, you are responsible for complying with your local laws.
You don't create an account to use the Services. Your device holds a random install ID that we use to recognize your install. Keep your device secure; anything done through the App on your device is treated as done by you.
Everything in the Services is for general information only. In particular:
Any decision to buy a lottery ticket, and any money you spend or lose doing so, is entirely your own responsibility.
SmartScratcher is meant to make the lottery more informed and more fun. It does not promote gambling and it is not a way to make money. Please only spend what you can afford to lose, and take a break if it stops being fun. Help is free and confidential from the National Problem Gambling Helpline at 1-800-GAMBLER (1-800-426-2537).
Premium features are sold as an auto-renewing subscription purchased through Apple's App Store or Google Play (each an "App Store"). The price, billing period, and any free trial are shown in the App before you buy. Any sales tax required by law is added by the App Store.
From time to time we issue codes that unlock premium features for free or at a discount. Codes are for the person we gave them to, are non-transferable, have no cash value, and may be limited in number, time, or use. We may change or withdraw a code, or revoke access obtained with one, at any time, especially if we believe it is being shared or abused.
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, and to view the Website, for your own personal, non-commercial use. We reserve all rights not expressly granted.
The Services and everything in them that we created, including our software, calculations, scoring methods, ratings, rankings, write-ups, charts, text, design, graphics, the SmartScratcher name, and our logos, are owned by us or our licensors and protected by copyright, trademark, and other laws. You may not copy, republish, sell, license, distribute, or create derivative works from any of it, except for the printing or saving of individual pages or screens for your own personal use. If you want to use our content some other way, email us and ask.
As noted in Section 1, lottery names, logos, and ticket images belong to the respective lotteries.
You agree not to:
We love hearing from you. If you send us ideas, suggestions, bug reports, or other feedback, you agree that we can use them for any purpose, without payment or credit to you, and that you are not giving us anything confidential.
With your permission the App can send push notifications about new games, new states, features, and offers, and it shows messages in its in-app message center. You can turn push notifications off at any time in your device settings. We may still show important service notices in the App.
The App is distributed through Apple's App Store and Google Play, and your use of it is also subject to their terms. The following applies to the App Store you obtained the App from (the "App Store Provider"):
The Services link to official lottery websites and other third-party sites. We do not control them and are not responsible for their content or practices.
The Services. We may add, change, suspend, or remove features, states, or content at any time, and we may stop offering the Services altogether. We will try to give notice of changes that matter, but we are not liable for any change, interruption, or discontinuation.
These Terms. We may update these Terms. The date at the top shows when they last changed. For material changes we will post the new Terms on the Website and give notice in the App at least 7 days before they take effect, except that changes needed for new features, security, bug fixes, or legal compliance may take effect immediately. If you keep using the Services after a change takes effect, you accept the new Terms. If you don't agree, stop using the Services and cancel any subscription.
You may stop using the Services at any time. Cancelling your subscription (Section 5) and deleting the App ends your relationship with us, though these Terms continue to apply to your past use.
We may suspend or end your access to all or part of the Services at any time, with or without notice, if we believe you have violated these Terms or the law, if we are required to, or if we discontinue the Services. Sections 3, 8, 10, and 15 through 21 survive termination.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT USING THE SERVICES WILL RESULT IN ANY LOTTERY WIN OR OTHER OUTCOME. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Please read this section carefully. It affects your legal rights.
Talk to us first. If you have a dispute with us, email support@gamingdatasolutions.com with a description of the problem and what you would like us to do. Both of us agree to try in good faith to resolve any dispute informally for at least 30 days after that notice before starting arbitration or any other proceeding.
Binding arbitration. If we cannot resolve a dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at adr.org. The Federal Arbitration Act governs this section. The arbitrator may award the same relief a court could award to an individual, must follow applicable law, and will issue a written decision. Arbitration fees will be allocated as the AAA Consumer Arbitration Rules provide; if the arbitrator finds your share of fees unreasonably high, we will pay it. The arbitration may be conducted by document submission, by phone or video, or in person in Oklahoma County, Oklahoma, or at another location we both agree to. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO A JURY TRIAL.
No class actions. You and we agree that each of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate claims of more than one person. If this paragraph is found unenforceable as to a particular claim, then that claim (and only that claim) must be brought in court under Section 19, and it will be stayed pending the arbitration of any remaining claims.
Exceptions. Either of us may (a) bring an individual claim in small claims court if it qualifies, (b) seek an injunction or other equitable relief in court to protect intellectual property rights, or (c) bring a claim in court that by law cannot be arbitrated.
Your right to opt out. You may opt out of this arbitration agreement by emailing support@gamingdatasolutions.com with the subject "Arbitration opt-out" within 30 days after you first use the Services. Your email must include your device type, the state you selected in the App, and a statement that you want to opt out. Opting out does not affect any other part of these Terms.
Time limit. Any claim relating to the Services must be filed within one year after it arose, or it is permanently barred, unless the law does not allow that limit.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR MEMBERS, MANAGERS, EMPLOYEES, OR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, OR MONEY SPENT ON LOTTERY TICKETS, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE SIX MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME STATES DO NOT ALLOW THESE LIMITATIONS, SO SOME OF THEM MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold us and our members, managers, employees, and contractors harmless from any claim, loss, liability, or expense (including reasonable attorneys' fees) made by a third party that arises from your use of the Services, your violation of these Terms, or your violation of any law or third-party right. We may take over the defense of any matter you must indemnify, and you agree to cooperate with us if we do.
These Terms and any dispute relating to them or the Services are governed by the laws of the State of Oklahoma and the Federal Arbitration Act, without regard to conflict-of-law rules. Any court proceeding permitted by Section 16 must be brought in the state or federal courts located in Oklahoma County, Oklahoma, and you consent to their jurisdiction, except that either party may bring a qualifying claim in small claims court where you live.
If you are a California resident and have a complaint we have not resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Gaming Data Solutions LLC
Edmond, Oklahoma, United States
support@gamingdatasolutions.com