Handicapper.ai
Terms and Conditions of Use
Welcome to Handicapper.ai. 
BY ACCESSING AND USING THIS WEBSITE (WWW.HANDICAPPER.AI), PROVIDED BY SMS FACTORY, INC. (“SMS”), THE SERVICES, THE CONTENT AND THE INFORMATION WE PROVIDE, YOU ARE CONSENTING TO THESE TERMS AND CONDITIONS. 

You must be at least 18 years of age to use our services. 
‍
Use of this site, (the “Website”) and any information or content you receive in our newsletters, postings, articles, endorsements, emails or text messaging services (the “Services”) is for your entertainment purposes only. This is not a betting site; we only provide information and recommendations, and they are made are for entertainment and informational purposes only. We are not liable for any losses that are incurred as a result of the information purchased from us or viewed in this Website, articles or free predictions. The information we provide is not intended to violate any local, state, or federal laws. Any reliance on such information and recommendations is at the sole discretion and risk of the subscriber. Past performance by you or anyone else using the Services does not guarantee future results. 

MODIFICATIONS TO THE WEBSITE AND OUR SERVICES
‍Handicapper.ai and SMS Factory, Inc. (“SMS, we or “us”) reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice. We recommend that you regularly review our Terms and Conditions of Use as you continue to use our Services. In addition, when using any Services or accessing any Content, you will be subject to any posted guidelines or rules applicable to such Services or Content.

WHO MAY USE OUR SERVICES?
You may only use our Services if you are at least 18 years old, whether you are acting on your own behalf or as an authorized employee or representative of any other business entity. Any registration, use or access to the Services by anyone under 18 is a violation of these Terms and Conditions and is strictly prohibited. If you do not so qualify, do not attempt to register for, subscribe, or use the Services. The Services are provided for your personal use and information may not be shared with any other person or entity. You may not use the Services for any commercial purposes whatsoever.

In order to use the Services, you will be required to subscribe to Handicapper.ai by providing certain information about yourself, including your name, address, phone number and e-mail address. In consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject, of course, to all applicable laws. You acknowledge that we will be relying on the truthfulness and completeness of the information you provide to us. If you provide any information that is untrue, inaccurate, not current, or incomplete, SMS and Handicapper.ai have the right to suspend or terminate your subscription and access and/or refuse any and all current or future use of the Services.

‍SUBSCRIBER’S CONDUCT
‍In using this Website and subscribing to our Services, you promise not to use the Services for any purpose that is unlawful or prohibited by these terms of use, or any other purpose not intended by Handicapper.ai.
You agree to not use the Services to contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party or for any illegal or unauthorized purpose.
You will not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Handicapper.ai subscriber.
You will not create or submit unwanted email or other messages ("Spam") to any other Handicapper.ai users. You will not use the information on this Website to violate any laws in your state of local jurisdiction.
We reserve the right to remove and deactivate any Handicapper.ai account at any time for any reason (including, but not limited to, our receipt of claims or allegations from third parties or authorities relating to your Content), or at our sole discretion.
You understand and agree to accept this Agreement as legally binding, with the same effect as your manually signing this Agreement. SMS and Handicapper.ai reserve the right, upon notice to you, to change or terminate this Agreement. You agree that your use of the Handicapper.ai Website, after notice of change to this Agreement, shall mean that you accept the changes. Changes required by law, however, will be effective immediately.
As an independent and self-directed sports bettor, you acknowledge that you alone shall be responsible for determining the suitability of your betting choices and gambling strategies, and you understand that Handicapper.ai is a professional sports prediction service. Our owners, managers, employees and staff shall assume no responsibility for gambling choices or determinations, and you understand and agree that you shall not hold SMS and Handicapper.ai or any of its owners, managers, employees or affiliates liable for your gambling decisions. Further, we cannot and will not advise you or comment concerning the nature, risk or suitability of any betting or gambling strategy. You also recognize that neither SMS nor Handicapper.ai offer legal or tax advice.
SMS and Handicapper.ai is not liable for any damage or loss, including but not limited to, any loss of profit, which may arise indirectly or directly from use of the information from handicappers or advisors at our Website, in our articles, endorsements, newsletters and in our text messaging service. Your use of our Website and any information you receive from us, in any fashion, does not create a fiduciary relationship between us and no fiduciary duty is owed to either party of this Agreement, by virtue of your use and/or purchase. You represent that you are of the age of majority as defined by the laws of the state of your home of record in order to enter into this Agreement and be bound thereby and you acknowledge that SMS and Handicapper.ai are relying on your representations.
Handicapper.ai is for your personal use only and you agree not to distribute, copy, reproduce, exchange, modify, sell, or transmit anything from this Website or any information you receive from us.
All materials on our Website (www.handicapper.ai), our newsletters, articles or other communications, including but not limited to audio, images, software, text, and video clips, are protected by copyright under United States copyright law, international conventions, and other copyright laws. You shall not use the materials, except as specified herein. You agree to follow the instructions on www.handicapper.ai limiting the use of the materials. Any unauthorized use of our copyrighted materials will violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and criminal statutes.
You agree that SMS and Handicapper.ai will not be liable to you or to third parties for losses incurred directly or indirectly by causes reasonably beyond our control, including but not limited to, government restrictions, natural disasters, severe weather conditions, wars, strikes, terrorist attacks, exchange or market rulings, interruptions of data processing services or communications, disruptions in orderly betting on any market or exchange, unauthorized access or operator errors.
You agree that SMS and Handicapper.ai will not be liable to you for any losses or damages incurred by you (including lost profits, betting losses and similar damages) during periods of market volatility, peak demand, systems upgrades, maintenance or for other reasons whether due to a technical problem or human error.
Additionally, you understand that we process your purchase through our Website and in the event of an interruption of communications systems or other hardware or software malfunction, access to view your purchase could be delayed. In the event of a significant outage, you agree that SMS and Handicapper.ai will not be held liable for any losses or damages you might suffer as a result of such delays.
By purchasing from Handicapper.ai and agreeing to these TERMS AND CONDITIONS OF USE, you agree to receive all communications from us via text messaging, the World Wide Web or e-mail. This will include, but not necessarily be limited to, confirmations of your subscription to our Services, confirmation of transactions, purchase and other financial statements, notices of modifications to our TERMS AND CONDITIONS OF USE and our PRIVACY POLICIES, and other basic communications. We expect you to promptly retrieve and read all our communications sent to you or provided through the Website. All communications sent by us by any means will be deemed to have been received by you. You agree to advise us promptly of any changes to your communications protocol and addresses and/or mailing address. You agree to advise Handicapper.ai promptly of any errors or omissions in any transaction or in the handling of your purchase. Failure to provide prompt notice of any errors will be deemed to constitute acceptance of the accuracy of all information sent to you.
You agree that your use of the Handicapper.ai sports picks/predictions will be licensed to a single (1) user. Should you intentionally or inadvertently share access to your account with a third party, your account may be terminated automatically.
‍
‍TERMINATION
‍You agree that SMS and Handicapper.ai in their sole discretion, may terminate your use of the Website and/or the Services, and remove and discard any information within the Services, for any reason, including, without limitation, for lack of use or if Handicapper.ai believes that you have violated or acted inconsistently with the letter or spirit of the TERMS AND CONDITIONS We may also in our sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these TERMS AND CONDITIONS may be affected without prior notice and acknowledge and agree that we may immediately bar any further access to the Services.
‍
‍POINT SPREAD BETTING AND ITS RISKS
‍Point spread betting or “spread betting” carries a high level of risk to your capital and is not suitable for all bettors/gamblers. Only gamble with money you can afford to lose. Placing any bets can result in consumers incurring liabilities in excess of their initial stake. It’s very important that you fully understand the risks and seek independent advice if necessary. None of our managers or employees are qualified to advise you on any betting strategies. You must independently be aware of the risks and be willing to accept them before commencing forward to use our Services and our Website.
This is neither a solicitation nor an offer to buy or sell any investments. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this Website. The past performance of any picks, predictions, systems or methodology is not necessarily indicative of future results. Be aware that hypothetical or simulated performance results have certain inherent limitations. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown or discussed on this site from past performance.
Sports betting may not be suitable for everyone. All speculative betting involves substantial risk as well as a potential for profit. In order to place bets or gamble is any form successfully, you must be financially and psychologically prepared to accept losses. Only risk capital, that is, money you can afford to lose, should be used. The risks associated with sports betting are substantial. A loss may not limit your losses to the amount intended. In fact, you may sustain a loss of your initial funds. You agree to accept full, complete and sole responsibility for any and all results in your betting or gambling account; all betting or gambling decisions you make are your own and reflect your own personal level of risks and betting or gambling skills.
You also acknowledge that neither Handicapper.ai, our handicappers or any information or Content you receive from us will contain promises, guarantees or warranties suggesting that any bet or gamble will result in a profit or will not result in a loss long term. You further agree to notify us if you receive any information or communication from us stating anything to the contrary.
Any opinions expressed are current opinions only and past results are not indicative of future results. It is your sole responsibility to know and define the risk before betting or gambling. You also hereby agree that you will not hold us liable or responsible in any way for any losses you incur in any betting or gambling account.
If you believe you have a gambling problem, or have concerns about managing your sports betting, contact the National Council on Problem Gambling at 1-800-522-4700.
‍
DISCLAIMER OF WARRANTIES
‍YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN " AS IS" AND " AS AVAILABLE" BASIS. SMS AND Handicapper.ai EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. NEITHER SMS OR Handicapper.ai MAKE ANY WARRANTY THAT (i) THE WEBSITE, SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, TEXT MESSAGING SERVICES, EMAIL, NEWSLETTERS, ARTICLES OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.

‍LIMITATION OF LIABILITY
‍YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMS AND Handicapper.ai SHALL NOT BE LIABLE IN CONTRACT, TORT , NEGLIGENCE OR OTHER LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMS AND/OR Handicapper.ai HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE SERVICES, OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES, OR IN THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, OR THE CONTENT.

‍EXCLUSIONS AND LIMITATIONS
‍SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

‍NEWSLETTER AND SMS TEXT MESSAGING SERVICES
To unsubscribe to our newsletter, subscribers can simply click the unsubscribe button at the bottom of the newsletter.  To unsubscribe from text messaging service either for free or paid service reply to any text with the word STOP, HELP or AIDE.  You can also contact service@handicapper.ai or call our office toll free at 1-855-323-8679.

Handicapper.ai REFUND POLICY
‍Once a product or service has been purchased and delivered or viewed, there are no refunds.

‍ACCOUNT CREDIT
‍Account Credit can only be used towards future Services purchases. Account credit has no cash value and cannot be redeemed for cash.

‍INDEMNITY
You will indemnify, defend and hold harmless SMS and Handicapper.ai, their parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost from any claim or demand made by any third party due to or arising out of your access to this Website, use of the Service, violation of these terms and conditions of use by you, or the infringement by you, or any third party using your account of any intellectual property or other right of any person or entity.

‍LINKING TO OTHER WEBSITES
‍The Website and/or Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SMS and Handicapper.ai have no control over such sites and resources, you acknowledge and agree that SMS and Handicapper.ai are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that neither SMS or Handicapper.ai shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

LINKING TO THE WEBSITE
‍No link to our Website may be "framed" to the extent such frame contains any sponsorship, advertising, or other commercial text or graphics. "Deep Linking" to internal pages of the Website is expressly prohibited.

‍ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that SMS and Handicapper.ai shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Services. ALL OF YOUR BUSINESS DEALINGS WITH VENDORS AND ADVERTISERS APPEARING ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES SHALL BE AT YOUR SOLE RISK.

PROPRIETARY RIGHTS
Unless otherwise indicated, this Website and its contents (including, but not limited to, all text, photographs, images, video, and audio) and all the information contained in the Services are the exclusive property of SMS and Handicapper.ai and are protected by copyright, trademark, and other laws.
Services and Content are either owned or are licensed to SMS and Handicapper.ai and may not be reproduced without the prior written consent of Handicapper.ai. You further acknowledge and agree that (i) any necessary software used in connection with the Website, the Services, and the Content (the "Software" ) contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are either owned by or licensed to SMS and Handicapper.ai and (ii) content contained in sponsor advertisements or information presented to you through the Website, the Services, and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. EXCEPT AS EXPRESSLY AUTHORIZED BY SMS AND Handicapper.ai OR ADVERTISERS, YOU AGREE NOT TO REPRODUCE, REPUBLISH, UPLOAD POST, TRANSMIT, DISTRIBUTE, COPY, PUBLICLY DISPLAY OR OTHERWISE USE ANY CONTENT OR ANY DERIVATIVE WORKS BASED ON THE WEBSITE, SERVICES, CONTENT OR THE SOFTWARE, IN WHOLE OR IN PART. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Handicapper.ai for use in accessing the Services.

‍USERS PERSONAL INFORMATION
We will never rent or sell your personal information to anyone. We share your personal information only as described below.  Your account information at Handicapper.ai is protected for your privacy and security. You are responsible for maintaining the secrecy of account information. Only SMS and Handicapper.ai’s employees who need personal information to perform a specific job are granted access to this information.
We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information on our server and Website. We cannot, however, ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission of information, we make commercially reasonable efforts to ensure the safety of that information and the security of our systems. However, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. This information includes your User Content. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other users have copied or stored your User Content.
We may release personal information when we believe in good faith that release is necessary to comply with the law; to enforce or apply our Terms and Conditions of Use and other agreements; or to protect the rights, property, or safety of our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection or criminal activity.
‍PRIVACY POLICY
‍All information collected about you during registration and subscription for use of the Services will be used in accordance with our Privacy Policy and all applicable laws. Click here to access our Privacy Policy.

‍NOTICES
‍Notices to you may be made via either SMS text messaging, email or regular mail. The Website may also provide notices of changes to the TERMS AND CONDITIONS OF USE or other matters by displaying notices or links to notices to you generally on the Services.

‍GENERAL PROVISIONS
‍These TERMS AND CONDITIONS OF USE constitute the entire agreement between you SMS and Handicapper.ai and govern your use of the Website, the Services, and access to the Content, superseding any prior agreements between you and SMS and Handicapper.ai. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These TERMS AND CONDITIONS OF USE and the relationship between you and Handicapper.ai shall be governed by the laws of State of Florida without regard to its conflict of law provisions. You and SMS and Handicapper.ai agree to submit to the personal and exclusive jurisdiction of the state courts located within the county of  Palm Beach, Florida and the federal courts in Florida. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these TERMS AND CONDITIONS OF USE must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect.

Send questions to:
handicapper@smsfactory.com
Or call us toll free at: 1-855-323-8679

Mailing Address:
SMS Factory, Inc.
11231 US Highway 1, #432
North Palm Beach, FL 33408
Customer service emails are checked several times a day. Our office hours are weekdays from 9 AM Eastern Time to 5 PM Eastern Time. On weekends and holidays we are closed.