Terms of Service

Important Notice — Read Before Using

Stacked is a paper-trading, education, and entertainment platform. Nothing on Stacked is financial, investment, legal, accounting, or tax advice. No real securities, commodities, derivatives, foreign exchange, or digital assets are bought, sold, held, or custodied on the Platform. All balances, profits, losses, rankings, and rewards displayed within the Platform are simulated and carry no monetary value outside the Platform.

These Terms contain a binding arbitration provision and a class-action waiver (see Section 24). By creating an account or otherwise using the Platform, you agree that disputes between you and Stacked will be resolved by individual binding arbitration in Wyoming, and you waive the right to participate in a class action, class arbitration, or representative proceeding, except as expressly set out in those sections.

1. Parties; Acceptance of Terms

These Terms of Service (the “Terms”) form a legally binding agreement between you (“you,” “your,” or “User”) and Stacked Club LLC, a Wyoming limited liability company (“Stacked,” “we,” “us,” or “our”), governing your access to and use of stackedclub.com, any subdomain, mobile or desktop application, API, or related service operated by us (collectively, the “Platform”). By creating an account, clicking “I agree,” signing in through a third-party identity provider, purchasing any product, or otherwise accessing or using the Platform, you represent that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.

If you do not agree to these Terms, you may not access or use the Platform. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” also refers to that entity.

2. Definitions

• “Account” means the User profile created to access the Platform, including any credentials associated with a third-party identity provider.
• “Content” means any text, images, video, audio, code, data, graphics, or other materials made available on or through the Platform, whether created by Stacked, by Users, or by third parties.
• “Stack Coins” means the in-Platform virtual currency used to access cosmetic, competitive, educational, or other Platform features. Stack Coins have no monetary value and are not redeemable for cash, cryptocurrency, securities, goods, or services outside the Platform.
• “Paid Products” means any purchase, subscription, or one-time license fee paid through the Platform, including but not limited to Stack Coin packages, Stacked AI Coach subscriptions, Stacked Education founding access, and season or cosmetic passes.
• “Stacked AI Coach” means the Platform feature that uses large-language-model technology to generate educational commentary, observations, and feedback about a User’s simulated trading activity.
• “Stacked Education” means the library of educational modules, lessons, articles, videos, and related content offered through the Platform.
• “User Content” means any Content that you or another User submit, post, upload, stream, transmit, or otherwise make available on or through the Platform.

3. Nature of the Platform; No Financial Advice

Stacked is an educational, entertainment, and gamified paper-trading environment. The Platform simulates the mechanics of trading across multiple asset classes — including cryptocurrencies, equities, foreign exchange, commodities, and derivatives — using simulated price data and virtual balances only. No order routed through the Platform touches a real exchange, broker-dealer, custodian, or liquidity provider. No User holds, owns, or acquires any real asset as a result of Platform activity.

Nothing on the Platform constitutes, nor should be relied upon as, financial advice, investment advice, trading advice, tax advice, legal advice, accounting advice, a recommendation to buy or sell any asset, a solicitation, or an offer. Stacked is not a broker-dealer, investment adviser, commodity trading advisor, commodity pool operator, futures commission merchant, money service business, virtual asset service provider, bank, lender, or custodian, and is not registered as any of the foregoing with the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, the Financial Industry Regulatory Authority, the Financial Crimes Enforcement Network, or any equivalent domestic or foreign regulator. You should consult a qualified, licensed professional before making any real-world financial, investment, legal, or tax decision.

Simulated performance is not indicative of real results. Hypothetical or simulated performance results have many inherent limitations, including that they are prepared with the benefit of hindsight, do not involve real financial risk, and cannot account for real-world trading frictions such as slippage, liquidity, counterparty risk, execution risk, or market impact.

4. Eligibility; Jurisdictional Restrictions

You must be at least thirteen (13) years of age to create an Account. Users under the age of eighteen (18), or the age of majority in their jurisdiction of residence, must have the supervision and express consent of a parent or legal guardian to use the Platform. Paid Products may only be purchased by Users who are at least eighteen (18) years of age and who have the legal capacity to enter into a binding contract in their jurisdiction. By purchasing any Paid Product, you represent and warrant that you meet these requirements.

You may not use the Platform if you are (a) located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. economic sanctions, including without limitation Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, Luhansk, or Zaporizhzhia regions; (b) listed on the U.S. Department of Treasury’s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons List, the U.S. Department of Commerce Denied Persons List or Entity List, the UK’s HM Treasury Consolidated List, or any equivalent list maintained by a competent authority; or (c) otherwise prohibited by applicable export control, sanctions, anti-money-laundering, or counter-terrorism financing laws from accessing the Platform.

The Platform may not be legal to use in every jurisdiction. You are solely responsible for determining whether your access to and use of the Platform is lawful in your jurisdiction, and for complying with all applicable local laws.

5. Accounts; Authentication; Account Security

Account creation may be completed through a third-party identity provider (such as Discord) pursuant to that provider’s own terms and privacy policies. You are solely responsible for maintaining the confidentiality and security of any credentials, tokens, or recovery mechanisms used to access your Account, and for all activity that occurs under your Account. You agree to (a) provide accurate, current, and complete information, (b) promptly update such information as necessary to keep it accurate, (c) notify Stacked immediately of any unauthorized use of your Account or any other suspected breach of security, and (d) not share, sell, transfer, lease, or grant access to your Account to any other person.

Stacked is not liable for any loss or damage arising from your failure to comply with this section, including unauthorized purchases, loss of Stack Coins, loss of progress, or loss of access to Paid Products.

6. Stack Coins — Virtual Currency Terms

Stack Coins are a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access certain features within the Platform. Stack Coins are not (i) real currency, legal tender, securities, commodities, derivatives, digital assets, stored-value instruments, prepaid access, or money transmission instruments; (ii) an investment of any kind or a store of value; (iii) exchangeable for cash, cryptocurrency, fiat currency, goods, or services outside the Platform; or (iv) property owned by you. Stacked retains all right, title, and interest in and to Stack Coins at all times.

Stack Coins may be purchased only by Users eighteen (18) years of age or older. Prices and denominations are set by Stacked in its sole discretion and may be changed, rebalanced, or discontinued at any time, with or without notice. Stack Coins cannot be earned, sold, transferred, or traded outside the Platform; any attempt to do so is void and may result in forfeiture of all Stack Coins associated with your Account, termination of your Account, and further enforcement action.

Stack Coin purchases are final and non-refundable once the purchase is processed, except where a non-waivable right to a refund is required by the law of your jurisdiction of residence. Upon termination of your Account for any reason, or upon discontinuation of the Platform, any Stack Coins associated with your Account will be forfeited without compensation to the maximum extent permitted by applicable law.

7. Paid Products; Subscriptions; Cancellation

Paid Products are made available through third-party payment processors (currently Stripe Payments Europe, Ltd. and its affiliates). By purchasing a Paid Product you authorize Stacked and its payment processor to charge the payment method you provide for the full amount of the purchase, including applicable taxes and fees. You agree that your use of the payment processor is also subject to the payment processor’s own terms and privacy policies, which are available on the payment processor’s website.

Subscriptions (including Stacked AI Coach): Subscription-based Paid Products automatically renew at the end of each billing cycle at the then-current price for the applicable tier, unless you cancel before the end of the current billing cycle. You may cancel at any time through your Account settings or by contacting us; cancellation will take effect at the end of the then-current billing cycle, and you will retain access until the end of that billing cycle. No partial refunds will be issued for unused portions of a billing cycle except where required by applicable law.

Founding member pricing: Certain Paid Products (including “Founding” tiers of Stacked AI Coach and Stacked Education) are offered at a promotional rate to a limited number of early members. Founding pricing is available only while continuous, uninterrupted membership or access is maintained. If a Founding subscription lapses, cancels, fails to renew, or is terminated, the Founding rate is forfeited and any future reactivation will be subject to the then-current standard pricing.

One-time purchases (including Stacked Education lifetime access): One-time Paid Products grant a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access the specified content for so long as the Platform continues to offer that content. “Lifetime” means the lifetime of the Platform, not the lifetime of the User, and does not obligate Stacked to operate the Platform or any particular feature indefinitely.

Refunds: Except where a non-waivable right to a refund is required by the law of your jurisdiction of residence, all Paid Products are sold on a final-sale basis and are non-refundable. If you believe you are entitled to a refund under applicable law, contact us using the information in Section 30 and we will process your request in accordance with that law.

8. Stacked AI Coach — Specific Terms

Stacked AI Coach is an experimental, educational feature that uses third-party large-language-model technology (currently operated by Anthropic PBC and/or OpenAI OpCo, LLC) to generate commentary, observations, and feedback about your simulated trading activity on the Platform. AI Coach outputs are generated by a probabilistic machine-learning system and may be incomplete, inaccurate, outdated, biased, offensive, or entirely fabricated (a phenomenon commonly referred to as “hallucination”). You must independently verify any factual claim, strategy, rule, or conclusion produced by AI Coach before acting on it, and you agree not to rely on AI Coach as your sole or primary source of information for any purpose.

AI Coach is an educational and entertainment tool only. Nothing produced by AI Coach constitutes financial, investment, trading, legal, accounting, or tax advice, and AI Coach is not a substitute for consultation with a qualified, licensed professional. AI Coach is trained on, and reasons over, your paper-trading activity only; it has no knowledge of, and must never be supplied with, your real-money accounts, broker credentials, private keys, seed phrases, or any other sensitive financial credential. Do not share such information with AI Coach under any circumstance.

Your interactions with AI Coach — including prompts, outputs, and associated Account metadata — may be transmitted to the applicable AI model provider, processed on its infrastructure, and retained for a period of time in accordance with that provider’s terms and privacy policy. By using AI Coach, you acknowledge and consent to such processing. See our Privacy Policy for additional details on third-party model providers.

9. Stacked Education — Specific Terms

Stacked Education modules, lessons, articles, videos, exercises, and related Content are provided for educational and entertainment purposes only. They do not constitute, and should not be relied upon as, financial, investment, trading, legal, accounting, or tax advice. Stacked does not guarantee any particular outcome, return, skill acquisition, job placement, income, or performance improvement as a result of your use of Stacked Education, and any testimonials, case studies, screenshots, or leaderboard results referenced within Stacked Education reflect individual experiences that are not typical and should not be construed as a representation or warranty of future results.

Access to Stacked Education is licensed, not sold. You receive a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to stream, view, and interact with Stacked Education Content for your own non-commercial educational use. You may not download, copy, reproduce, republish, redistribute, translate, record, resell, sublicense, or create derivative works of Stacked Education Content, whether in whole or in part, except as expressly permitted in writing by Stacked.

10. Competitive Features; Leaderboards; Arena; Teams

The Platform includes competitive and social features, including without limitation leaderboards, tournaments, Arena, Quests, Teams, Ranks, Traders, and Fantasy. Stacked reserves the right, in its sole and reasonable discretion, to exclude, disqualify, penalize, or remove any User or Account from any competitive feature if Stacked suspects or determines that the User has engaged in manipulation, exploitation of bugs, collusion, multi-accounting, automated play, off-Platform trading of rewards or rankings, harassment, or any other conduct that, in Stacked’s reasonable judgment, undermines the integrity of the competitive feature or the experience of other Users.

Any prize, cosmetic, badge, Stack Coin award, or other in-Platform reward offered in connection with a competitive feature is an in-Platform virtual benefit only, has no cash value, and is subject to the same terms as Stack Coins in Section 6. No competitive feature of the Platform is a sweepstakes, lottery, game of chance, contest for a prize of real-world value, or wager, and no consideration is required beyond the standard cost (if any) of the applicable competitive feature.

11. User Content; License Grant

You retain ownership of any User Content you submit to the Platform. By submitting User Content, you grant Stacked a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to host, store, reproduce, adapt, modify, publish, translate, create derivative works of, distribute, publicly perform, publicly display, and otherwise use your User Content in connection with operating, providing, promoting, and improving the Platform and Stacked’s business, in any medium now known or later developed. You represent and warrant that (a) you own or have obtained all necessary rights, licenses, and consents to grant this license, (b) your User Content does not and will not infringe, misappropriate, or violate the rights of any third party, and (c) your User Content does not violate these Terms or any applicable law.

Stacked may, but is under no obligation to, monitor, review, edit, remove, or refuse to publish any User Content, at any time and for any reason, without notice. Stacked is not responsible or liable for any User Content, including for any errors, omissions, or damages arising from your reliance on it.

12. Community Standards & Anti-Scam Notice

The Platform includes community features (including integrations with third-party community services such as Discord). Online trading communities attract scammers, impersonators, and bad actors. The following rules and warnings apply to your participation in any Stacked community channel and to any interaction arising from or related to the Platform:

• Your money is your responsibility. Stacked does not hold, custody, manage, or invest any real-world funds on your behalf. Any decision you make about your own real-world assets — on Stacked, off Stacked, or as a result of anything you see, hear, or read on Stacked — is made at your sole risk.
• Stacked staff will never direct-message you first asking for money, payment, cryptocurrency, wire transfers, gift cards, wallet credentials, broker login details, private keys, seed phrases, two-factor codes, screenshots of your accounts, remote-desktop access, or any other financial or security-sensitive information. If you receive such a message claiming to be from Stacked, assume it is a scam, do not respond, and report it to us.
• Do not click unsolicited links. Phishing sites impersonating Stacked, exchanges, wallets, and payment processors are common. Type URLs directly into your browser or use bookmarks you set yourself. Double-check domain spelling before entering any credentials.
• Do not send money or assets to another User. Regardless of screenshots, “track records,” promises of guaranteed returns, signal groups, copy-trade offers, account-management services, giveaways, airdrops, pump groups, or any other pitch, Stacked strongly discourages User-to-User financial transactions and accepts no responsibility for any loss you suffer as a result of them.
• Impersonation is prohibited. Do not impersonate Stacked staff, another User, a public figure, an exchange, a wallet provider, a payment processor, or any other third party. Verified staff roles in the Platform or in integrated community services are the only reliable signal of staff identity.
• Report, then block. If you see a scam attempt, a phishing link, a suspicious DM, or any impersonation of Stacked or another User, report it to us using the contact information in Section 30, then block the offending account. Do not engage with the sender.
• We do not recover lost funds. Stacked cannot recover cryptocurrency, fiat, account access, or other assets lost as a result of a scam, phishing attack, malware, social engineering, or any other off-Platform incident, and will never charge a “recovery fee.” Anyone offering to do so is themselves running a scam.

To the maximum extent permitted by applicable law, Stacked disclaims any and all liability for losses, damages, costs, or expenses that you incur as a result of (i) any interaction with another User or any third party arising from or related to the Platform, (ii) any reliance on User Content or third-party content, or (iii) any scam, fraud, impersonation, phishing, malware, social-engineering attack, or other malicious conduct by a third party.

13. Prohibited Conduct

You agree that you will not, and will not permit or encourage any other person to:

• Use the Platform for any purpose that is unlawful, fraudulent, deceptive, tortious, harmful, or otherwise objectionable, or in violation of any applicable domestic or foreign law, regulation, or contractual obligation;
• Use, access, or interact with the Platform through any bot, scraper, crawler, headless browser, automated script, macro, trainer, bridge, proxy, or other automated means, except for public search-engine indexing or as expressly authorized by Stacked in writing;
• Attempt to reverse-engineer, decompile, disassemble, decrypt, circumvent, interfere with, disrupt, probe, or otherwise tamper with the Platform, its infrastructure, its anti-cheat or anti-abuse systems, or any other security, integrity, or rate-limiting mechanism;
• Create or maintain multiple Accounts to evade bans, leaderboards, Stack Coin limits, Founding tier caps, or any other Platform restriction, or to engage in collusive or coordinated inauthentic behavior;
• Exploit any bug, glitch, vulnerability, unintended game-state, undocumented API, or undocumented protocol endpoint to gain an unfair advantage, duplicate Stack Coins, artificially inflate rankings, or otherwise enrich yourself or another User;
• Submit or transmit any User Content that is defamatory, libelous, threatening, harassing, abusive, obscene, pornographic, hateful, discriminatory, violent, gore, child sexual abuse material, or that promotes self-harm or terrorism;
• Violate the privacy or publicity rights of any person, including by doxxing, SWATTING, or sharing non-public personal information of another User without consent;
• Use the Platform to distribute spam, advertising, pyramid schemes, multi-level-marketing solicitations, malware, viruses, worms, ransomware, or any other harmful code;
• Use any Content or feature of the Platform to train, fine-tune, evaluate, benchmark, or develop any machine-learning model, artificial intelligence system, or competing product, except with our express prior written consent;
• Resell, sublicense, rent, lease, or commercially exploit the Platform, any Paid Product, or any Stacked Education Content, whether for your own benefit or that of another; or
• Assist, encourage, induce, or enable any third party to do any of the foregoing.

Stacked may investigate suspected violations of this Section and cooperate with law-enforcement authorities to prosecute Users who violate these Terms. Without limiting any other remedy, Stacked may, in its sole discretion, suspend, restrict, or terminate any Account, forfeit any Stack Coins or Paid Product entitlements, and/or ban the underlying individual from the Platform and any integrated community service, with or without notice.

14. Intellectual Property

The Platform and all of its Content (other than User Content), including all source code, object code, interfaces, designs, layouts, text, graphics, illustrations, photographs, video, audio, music, sound effects, character designs, badge art, animations, trade dress, trademarks, service marks, logos, and the selection, coordination, and arrangement thereof, are owned by Stacked or its licensors and are protected by United States and international copyright, trademark, trade-secret, patent, and other intellectual-property laws. All rights not expressly granted to you in these Terms are reserved by Stacked and its licensors. Subject to your continuing compliance with these Terms, Stacked grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your own non-commercial educational and entertainment purposes.

“Stacked,” “Stacked Club,” “Stack Coins,” “Stacked AI Coach,” “Stacked Education,” and the Stacked logo are trademarks of Stacked Club LLC. All other trademarks, service marks, trade names, and logos referenced on the Platform are the property of their respective owners and are used on the Platform for identification purposes only, without implying any endorsement, sponsorship, or affiliation.

DMCA & Copyright Claims. Stacked respects the intellectual property of others and expects Users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, please send a notice that complies with 17 U.S.C. § 512(c)(3) to the contact address in Section 30. We will respond to valid takedown notices in accordance with the Digital Millennium Copyright Act and will, in appropriate circumstances, terminate the Accounts of repeat infringers.

15. Data; Analytics; Feedback

Stacked collects, processes, and analyzes data about your simulated trading activity, your use of the Platform, and your interactions with AI Coach and other features, as described in our Privacy Policy. You acknowledge and agree that Stacked may (a) use your data to operate, improve, secure, and personalize the Platform; (b) produce, publish, and commercialize aggregated, anonymized, or de-identified statistics and insights derived from Platform-wide activity; and (c) use such aggregated, anonymized, or de-identified data for research, benchmarking, marketing, and educational-content development, in each case without any obligation of attribution or compensation to you.

If you provide Stacked with any suggestion, comment, feature request, idea, enhancement, or other feedback regarding the Platform (“Feedback”), you hereby grant Stacked a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, reproduce, modify, distribute, and commercialize the Feedback for any purpose, without any obligation or compensation to you. You waive any moral rights or similar rights in the Feedback to the maximum extent permitted by applicable law.

16. Third-Party Services; Links

The Platform integrates with, links to, or otherwise interacts with third-party services (including, without limitation, Stripe for payment processing, Supabase for database and authentication infrastructure, Discord for identity and community, TradingView for chart widgets, and Anthropic and/or OpenAI for language-model inference). Your use of any third-party service is governed by that service’s own terms and privacy policies, and Stacked is not responsible for the availability, accuracy, content, practices, or policies of any third-party service. Your interaction with a third-party service is solely between you and that third-party service.

17. Termination; Effect of Termination

You may terminate your Account at any time by following the deletion instructions in your Account settings or by contacting us. Stacked may suspend, restrict, or terminate your Account and your access to the Platform at any time, with or without notice, with or without cause, including (without limitation) if Stacked reasonably suspects that you have violated these Terms, created a legal or security risk for Stacked or other Users, engaged in fraudulent or abusive behavior, or if required by applicable law.

Upon termination of your Account for any reason: (a) your right to access and use the Platform will immediately cease; (b) any Stack Coins, Paid Product entitlements, Founding tier status, badges, rankings, and other in-Platform benefits associated with your Account will be forfeited, without refund, to the maximum extent permitted by applicable law; and (c) the sections of these Terms that by their nature should survive termination — including Sections 3, 6, 8, 11, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30 — will survive.

18. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, THE CONTENT, STACK COINS, PAID PRODUCTS, STACKED AI COACH, STACKED EDUCATION, AND ALL OTHER MATERIALS AND SERVICES MADE AVAILABLE ON OR THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. STACKED AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STACKED DOES NOT WARRANT THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; (C) SIMULATED PRICE DATA WILL BE ACCURATE, COMPLETE, OR REFLECTIVE OF REAL-WORLD MARKET CONDITIONS; (D) AI COACH OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, OR FIT FOR ANY PURPOSE; (E) ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED; OR (F) THE PLATFORM OR ANY SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL CODE. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND FOR YOUR RELIANCE ON ANY CONTENT AVAILABLE THROUGH IT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, STACKED’S LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY APPLICABLE LAW.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STACKED, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, LOSS OF STACK COINS, LOSS OF PAID PRODUCT ENTITLEMENTS, BUSINESS INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STACKED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STACKED’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO STACKED UNDER THESE TERMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD).

THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION AND IN SECTION 18 ARE ESSENTIAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND STACKED AND THAT, IN THEIR ABSENCE, THE TERMS AND THE ECONOMIC TERMS OF THE PLATFORM WOULD BE SUBSTANTIALLY DIFFERENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

20. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Stacked Club LLC and its affiliates, officers, directors, employees, agents, partners, licensors, and suppliers (the “Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with (a) your access to or use of the Platform; (b) your User Content; (c) your violation of these Terms, any applicable law, or the rights of any third party; (d) any real-world financial, investment, legal, tax, or other decision you make in reliance on anything encountered on or through the Platform; and (e) any dispute between you and another User or any third party arising from or related to the Platform. Stacked reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Stacked’s defense of such matter.

21. Assumption of Risk

You acknowledge and agree that trading, whether real or simulated, involves risk; that the Platform is an experimental ed-tech and entertainment product; that AI Coach is an experimental machine-learning feature that may produce inaccurate or misleading output; that simulated price data may differ materially from real-world market data; that Stack Coins have no monetary value; that Paid Products are licensed and not sold; and that any real-world decision you make in reliance on the Platform is made at your sole risk. You voluntarily and knowingly assume all such risks as a condition of your use of the Platform.

22. Export Controls & Sanctions Compliance

The Platform and its underlying software may be subject to United States export control and economic sanctions laws, including the Export Administration Regulations and the regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets Control, as well as equivalent laws of other jurisdictions. You agree to comply strictly with all such laws and represent that you are not a prohibited person or located in a prohibited jurisdiction as described in Section 4.

23. Governing Law; Venue

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or the Platform, including their formation, interpretation, breach, performance, termination, or enforcement, are governed by the laws of the State of Wyoming, United States of America, and applicable U.S. federal law, without regard to any conflict-of-laws principles that would cause the laws of another jurisdiction to apply. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Subject to the binding arbitration provisions in Section 24, any judicial action permitted under these Terms (including actions to compel arbitration, to enforce an arbitration award, to obtain preliminary or injunctive relief, or to protect intellectual property rights) shall be brought exclusively in a state or federal court of competent jurisdiction located in the State of Wyoming, and each party irrevocably consents to the personal jurisdiction of, and venue in, such courts and waives any objection based on forum non conveniens.

24. Binding Individual Arbitration; Class-Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court or participate in a class action.

Agreement to arbitrate. You and Stacked agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms, the Platform, any Paid Product, any User Content, Stacked AI Coach, Stacked Education, Stack Coins, any community interaction, any marketing communication, or the formation, interpretation, breach, performance, termination, or enforcement of any of the foregoing (each, a “Dispute”) will be resolved exclusively through final, binding, individual arbitration, and not in a court of law, except as set out below. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and shall be interpreted to give effect to the parties’ intent that all Disputes be arbitrated on an individual basis to the maximum extent permitted by law.

Arbitration administrator and rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules and, where applicable, the AAA Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Section. The AAA Rules are available at www.adr.org. The arbitration will be conducted by a single neutral arbitrator. The seat of the arbitration shall be in the State of Wyoming; provided that, where required by applicable consumer-arbitration rules, the arbitrator may conduct hearings remotely or in the county in which you reside, and may decide claims on the basis of written submissions alone.

Informal resolution first. Before initiating arbitration, you and Stacked agree to attempt to resolve the Dispute informally for at least sixty (60) days. During that period, either party may send the other a written notice describing the Dispute, the relief sought, and the requesting party’s contact information. If the Dispute is not resolved within sixty (60) days after such notice is received, either party may commence arbitration.

CLASS-ACTION WAIVER. YOU AND STACKED AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. UNLESS BOTH YOU AND STACKED AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

Exceptions. Notwithstanding the foregoing, either party may (a) bring a claim in small-claims court if the claim qualifies and is brought only on an individual basis; (b) seek temporary, preliminary, or injunctive relief from a court of competent jurisdiction to protect intellectual-property rights, confidential information, or Account security pending resolution of an arbitration; and (c) pursue any claim that, as a matter of applicable law, cannot be required to be arbitrated.

Right to opt out. You may opt out of the arbitration and class-action-waiver provisions of this Section by sending a written opt-out notice to the contact address in Section 30 within thirty (30) days after the date you first accept these Terms or any material change to them. The opt-out notice must include your full name, Account username, email address associated with your Account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

Severability of this Section. If the Class-Action Waiver above is found to be unenforceable as to a particular claim or request for relief, that claim or request for relief (and only that claim or request) shall be severed from the arbitration and brought in a court of competent jurisdiction in Wyoming, with the remainder of this Section remaining in full force and effect.

25. International Users; Local Law Compliance

The Platform is controlled and operated from the United States. Stacked makes no representation that the Platform is appropriate or available for use in any particular location. If you access the Platform from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws, including laws relating to online conduct, acceptable content, consumer protection, data protection, taxation, and the regulation of trading, gaming, or virtual currencies. Where local law grants you non-waivable rights (for example, mandatory consumer-protection remedies, withdrawal periods, or refund rights), nothing in these Terms is intended to limit those rights.

26. Changes to the Platform; Changes to These Terms

Stacked may, in its sole discretion, modify, suspend, or discontinue any aspect of the Platform, any Paid Product, Stacked AI Coach, Stacked Education, Stack Coin economy, leaderboard, ranking, cosmetic, or other feature at any time, with or without notice, and without liability to you. Stacked may also update these Terms from time to time. When we make material changes, we will update the “Last updated” date at the top of this document and, where practicable, provide additional notice (for example, an in-Platform notice or email). Your continued access to or use of the Platform after an update constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform.

27. Force Majeure

Stacked shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including without limitation acts of God, natural disasters, fire, flood, earthquake, severe weather, war, terrorism, civil disturbance, insurrection, labor disputes, governmental action, embargoes, sanctions, power or network failures, Internet or infrastructure outages, denial-of-service or other cyber-attacks, third-party service failures, pandemics, or public-health emergencies.

28. Miscellaneous

These Terms, together with our Privacy Policy and any additional terms expressly incorporated by reference or accepted at the time of a particular purchase, constitute the entire agreement between you and Stacked regarding the Platform and supersede any prior or contemporaneous agreements, communications, or understandings between the parties on that subject. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable or, if that is not possible, severed from these Terms, and the remaining provisions shall remain in full force and effect. Stacked’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without Stacked’s prior written consent, and any unauthorized assignment is void. Stacked may assign these Terms freely. These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Stacked. The headings in these Terms are for convenience only and have no legal effect.

29. Notices

Stacked may provide notices to you by posting them on the Platform, sending them to the email address associated with your Account, or by any other reasonable means. You consent to receive electronic communications from Stacked and agree that such electronic communications satisfy any legal requirement that such communications be in writing. Notices to Stacked shall be sent to the contact address in Section 30 and are effective upon receipt.

30. Contact

Stacked Club LLC, a Wyoming limited liability company. For legal notices, regulatory notices, DMCA takedown requests, privacy requests, arbitration opt-out notices, and general correspondence regarding these Terms, please contact us through the support contact published on stackedclub.com or through our official community channels. We will update this section with a dedicated legal-notice email address upon publication.