Terms of Service

Last Updated: December 2024

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use THE SKILL TEST. Real-money competitions are NOT available in the following states: Arizona, Arkansas, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Louisiana, Maine, Montana, Nevada, South Carolina, South Dakota, Tennessee, and Washington. Players in these states may use Practice Mode only. By participating, you confirm that you have provided accurate state information and that skill-based gaming for money is legal in your jurisdiction. Providing false location information will result in account termination and forfeiture of funds.

2. Skill-Based Competition — Not Gambling

IMPORTANT: THE SKILL TEST is a skill-based competition platform, NOT a gambling service. This distinction is legally significant.

Game outcomes on THE SKILL TEST are determined entirely by player skill. In WAVEKILL, players must survive as long as possible while navigating an increasingly challenging environment. There is no element of chance, randomness, or luck involved in determining winners. The player who demonstrates superior skill wins.

Key characteristics that distinguish THE SKILL TEST from gambling:

THE SKILL TEST operates as a skill-based contest platform similar to fantasy sports, esports tournaments, and other competitive gaming platforms recognized as legal skill-based competitions under applicable law.

3. Platform Fees & Prize Distribution

THE SKILL TEST operates exclusively as 1v1 (head-to-head) competitions with a transparent fee structure:

Component Percentage Description
Platform Fee 5% Deducted from total pot
Winner Payout 70% Winner receives 70% of the total pot
Loser Payout (Half Back) 25% Loser receives 25% of the total pot back

HALF BACK GUARANTEE: Losers receive 50% of their entry fee back (25% of the total pot). This is our commitment to player-friendly competition. Example: Two players enter $10 each. Total pot = $20. Winner receives $14 (70%). Loser receives $5 back (25%). Platform fee = $1 (5%).

4. Referral Program

THE SKILL TEST offers a multi-tier referral program to reward players who grow our community:

5. Deposits & Withdrawals

Deposits: Deposits are processed through Square checkout and support Apple Pay, Google Pay, and credit/debit cards. Deposits are credited to your account automatically once payment is confirmed.

Withdrawals:

All transactions are final once confirmed. By requesting a withdrawal, you confirm that the Venmo username provided is accurate and belongs to you.

6. Fair Play Policy

To ensure fair competition for all players:

Violations result in immediate account suspension, forfeiture of funds, and permanent ban.

7. Responsible Gaming

THE SKILL TEST is committed to promoting responsible gaming practices. While our platform is skill-based, we encourage all users to play responsibly.

Play Within Your Means:

Self-Exclusion: If you feel you need to take a break from the platform, you may request a temporary or permanent self-exclusion by contacting support@theskilltest.com. During self-exclusion, you will be unable to access your account or participate in games.

Resources: If you or someone you know is struggling with problem gaming, help is available:

THE SKILL TEST reserves the right to limit, suspend, or close accounts if we believe a user's gaming activity may be harmful to their wellbeing.

8. Account Responsibility

You are responsible for maintaining the security of your account. Do not share your login credentials. THE SKILL TEST is not liable for unauthorized access due to your failure to secure your account.

9. Limitation of Liability

THE SKILL TEST is provided "as is" without warranties. We are not liable for technical issues, service interruptions, or losses beyond the direct entry fees paid. Our total liability is limited to the amount you paid for the affected game.

10. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Agreement to Arbitrate: You and THE SKILL TEST agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the platform, or any game or transaction shall be resolved exclusively through binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies.

Class Action Waiver: YOU AND THE SKILL TEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and THE SKILL TEST agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Arbitration Procedures: Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration will be held in the county of your residence or another mutually agreed location. For claims of $10,000 or less, you may choose whether the arbitration proceeds in person, by telephone, or based only on written submissions.

Costs: Payment of filing fees will be governed by JAMS rules. If your claim is for $10,000 or less, we will pay all arbitration fees. If your claim exceeds $10,000, arbitration fees will be allocated as determined by JAMS rules or the arbitrator.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to support@theskilltest.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

Survival: This arbitration agreement shall survive termination of your account or these Terms.

11. Modifications

We reserve the right to modify these terms at any time. Continued use of THE SKILL TEST after changes constitutes acceptance of the new terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

13. Contact

For questions or support, contact us at support@theskilltest.com

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