Terms of Service — Breakout

1. Introduction

These Terms of Service ("Terms") govern your access to and use of Breakout, including our website, content pages, marketing pages, waitlist, emails, applications, and related services (the "Services").

Breakout is operated by Breakout Limited ("Breakout," "we," "us," or "our").

By accessing the Services, joining the waitlist, submitting information to Breakout, or otherwise using the Services, you agree to these Terms. If you do not agree, you must not use the Services.

Breakout currently operates a website and waitlist for an upcoming free-to-play fantasy sports draft preparation platform. The mock draft tool and related product features are not yet generally available.

Joining the waitlist does not guarantee access, launch timing, feature availability, participation in any promotion, or eligibility for any reward.

These Terms should be read together with our Privacy Policy and any separate official rules that apply to a promotion, incentive campaign, giveaway, competition, or reward program.

2. Eligibility

You must be at least eighteen (18) years old, or the age of majority in your jurisdiction if higher, to use the Services or join the waitlist.

The Services are available only where permitted by applicable law. You are responsible for ensuring that your use of the Services complies with laws that apply to you.

We may restrict access to the Services, waitlist, product access, beta access, or campaigns in any jurisdiction at any time.

To protect platform integrity, certain users may be restricted from future access, campaigns, incentives, or rewards, including:

Breakout employees, officers, directors, contractors, consultants, and agents;
employees or contractors of our service providers or sports data providers;
athletes, coaches, referees, team personnel, league personnel, and others with access to material non-public sports information;
users whose accounts or access have been suspended or banned;
anyone prohibited from using the Services by applicable law.

Breakout personnel may use the Services for testing, demonstration, and operational purposes, but are not eligible to win public incentives, rewards, or campaign prizes unless expressly permitted by separate official rules.

3. Website and Waitlist

You may submit information to join the Breakout waitlist, receive launch updates, express product interest, or request access to future features.

We may invite waitlist users to access beta, early-access, or launch features at our discretion. We are not required to provide access to all waitlist users or to provide access in any particular order.

We may change, delay, cancel, limit, or discontinue any planned product, feature, release, beta, waitlist, or launch at any time.

Information shown on the website about planned features, launch dates, screenshots, mockups, product direction, or future functionality is provided for informational and marketing purposes only and may change.

4. Promotions and Incentive Campaigns

Breakout may run separate promotions, incentive campaigns, giveaways, competitions, referral programs, or reward programs.

Unless separate official rules expressly state otherwise, joining the waitlist, visiting the website, subscribing to emails, or expressing interest in Breakout does not entitle you to any prize, payment, gift card, merchandise, reward, product access, or anything of value.

Each campaign will be governed by its own official rules, which may include additional eligibility requirements, geographic restrictions, entry conditions, winner selection criteria, prize details, verification requirements, tax responsibilities, and disqualification provisions.

If these Terms conflict with official rules for a specific campaign, the official campaign rules control only for that campaign.

No purchase, payment, deposit, entry fee, or wager is required to join the waitlist or use the Services.

5. Communications

By joining the waitlist or submitting your email address, you agree that we may send you service-related communications, launch updates, product updates, early-access invitations, waitlist updates, and other communications related to Breakout.

Where required by law, we will obtain consent before sending marketing communications.

You may unsubscribe from promotional or marketing emails using the unsubscribe link in the email or by contacting us. We may still send essential service, legal, security, or administrative communications where permitted by law.

6. User Submissions

You may submit information, messages, feedback, survey responses, feature requests, comments, or other content to Breakout ("User Submissions").

You represent that you have all rights necessary to submit your User Submissions and that they do not violate applicable law or third-party rights.

By submitting User Submissions, you grant Breakout a worldwide, non-exclusive, royalty-free, sublicensable, transferable licence to use, host, store, reproduce, display, modify, adapt, publish, and distribute them as necessary to operate, improve, secure, and promote the Services.

If you provide suggestions, ideas, feature requests, bug reports, or other feedback, you agree that we may use it without restriction or compensation to you.

7. Prohibited Conduct

You agree not to use the Services in any way that is unfair, abusive, unlawful, harmful, or inconsistent with these Terms.

You must not:

submit false, misleading, fraudulent, or inaccurate information;
create or submit multiple waitlist entries to manipulate access, campaigns, referrals, or rewards;
use bots, scripts, browser extensions, macros, automation, or non-human means to interact with the Services;
scrape, crawl, spider, harvest, extract, copy, republish, or commercialize data or content from the Services;
reverse engineer, decompile, disassemble, or attempt to derive source code, systems, models, algorithms, or non-public data;
access servers, databases, APIs, or systems not made available to you;
bypass rate limits, access controls, authentication systems, or security measures;
submit content that is abusive, harassing, discriminatory, defamatory, deceptive, infringing, unlawful, spam, malicious, or harmful;
collect, publish, or misuse another person’s personal information;
promote illegal gambling, illegal wagering, or unlawful activity;
violate applicable law or any official campaign rules.

8. Enforcement

If we believe you have violated these Terms, we may take action at our discretion, including:

removing you from the waitlist;
restricting future product access;
disqualifying you from campaigns or incentives;
removing content;
blocking future submissions;
suspending or terminating access;
reporting suspected unlawful conduct to appropriate authorities.

Where feasible, we may provide a general reason for enforcement action. We are not required to provide detailed information where doing so could compromise security, fraud prevention, investigations, or platform integrity.

If you believe an enforcement action was taken in error, contact [email protected] within fourteen (14) days.

9. Third-Party Services and Links

The Services may include links to third-party websites, platforms, services, tools, content, or applications.

We are not responsible for third-party services, including their content, availability, accuracy, security, privacy practices, or terms. Your use of third-party services is governed by the terms and policies of those third parties.

10. Intellectual Property

The Services, including software, interfaces, designs, logos, trademarks, graphics, content, website copy, marketing materials, data compilations, models, analytics, and other materials, are owned by Breakout or its licensors.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Services for your own personal, non-commercial use.

You must not copy, reproduce, distribute, sell, sublicense, modify, create derivative works from, publicly display, or commercially exploit any part of the Services except as expressly permitted by us.

Breakout may display sports data, player names, team references, statistics, rankings, projections, news, analysis, and related information for fantasy sports, commentary, identification, informational, and entertainment purposes.

Third-party names, trademarks, logos, images, likenesses, league names, team names, and other rights remain the property of their respective owners. Unless expressly stated, Breakout is not affiliated with, sponsored by, or endorsed by the National Basketball Association, the National Basketball Players Association, any NBA team, any player, or any other sports league, governing body, club, team, or athlete.

11. Privacy

Your use of the Services is governed by our Privacy Policy, which explains how we collect, use, share, store, and protect personal information.

12. Changes to the Services or Terms

The Services are evolving. We may modify, update, suspend, remove, replace, or discontinue any part of the Services at any time, including the website, waitlist, planned features, launch timing, early access, or campaigns.

We may update these Terms from time to time. When we make material changes, we will update the effective date and may notify you by email, website notice, or other reasonable means.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services.

13. Disclaimers

The Services are provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, Breakout disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, and uninterrupted operation.

We do not warrant that:

the Services will be uninterrupted, secure, error-free, accurate, complete, or available at all times;
the waitlist will result in product access;
any product, feature, launch date, beta, campaign, incentive, or reward will be made available;
planned product features, screenshots, mockups, or descriptions will match the final product;
emails, waitlist records, submissions, or account information will always be preserved.

Fantasy sports content, rankings, projections, player information, and analysis are inherently uncertain and are provided for entertainment and informational purposes only.

14. Limitation of Liability

To the fullest extent permitted by law, Breakout and its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, punitive, exemplary, or similar damages, including loss of profits, loss of data, loss of goodwill, loss of opportunity, service interruption, device failure, or unauthorized access.

To the fullest extent permitted by law, Breakout’s total aggregate liability for all claims arising out of or relating to these Terms or the Services will not exceed the greater of:

the amount you paid to Breakout for the Services in the twelve (12) months before the claim arose; or
one hundred U.S. dollars (US$100).

Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot be excluded, restricted, or modified under applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Breakout and its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers from claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or relating to:

your use of the Services;
your User Submissions;
your violation of these Terms;
your violation of applicable law;
your violation of third-party rights;
your fraud, misconduct, manipulation, or abuse of the Services.

16. Dispute Resolution

Before starting formal proceedings, you agree to contact [email protected] and attempt to resolve the dispute informally for at least thirty (30) days.

If a dispute cannot be resolved informally, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the Abu Dhabi International Arbitration Centre, also known as arbitrateAD, under the arbitrateAD Arbitration Rules then in effect.

The arbitration will be conducted in English before a single arbitrator. The seat of arbitration will be the Abu Dhabi Global Market, Abu Dhabi, United Arab Emirates. Hearings may be conducted remotely unless the arbitrator determines otherwise.

Either party may bring an individual claim in a small claims court or equivalent court of competent jurisdiction if the claim qualifies and is not brought as a class, representative, or collective action.

Breakout may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, security, platform integrity, or rights against unauthorized access, scraping, reverse engineering, or misuse.

To the fullest extent permitted by law, you and Breakout agree to bring claims only in an individual capacity and waive any right to a jury trial or class, collective, consolidated, private attorney general, or representative proceeding.

These Terms are governed by the laws of the Abu Dhabi Global Market, United Arab Emirates, without regard to conflict of law principles. Where mandatory local laws apply and cannot be waived, those laws apply to the extent required.

17. General Provisions

These Terms, together with the Privacy Policy and any applicable official campaign rules, form the entire agreement between you and Breakout regarding the Services.

If these Terms conflict with the Privacy Policy, the Privacy Policy controls with respect to privacy matters. If these Terms conflict with official rules for a specific campaign, the official campaign rules control only for that campaign.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.

Our failure to enforce any provision is not a waiver.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations in connection with a merger, acquisition, reorganization, sale of assets, corporate transaction, or by operation of law.

We are not responsible for any delay or failure caused by events beyond our reasonable control, including natural disasters, pandemics, government actions, internet failures, telecommunications failures, power outages, cyberattacks, security incidents, labour disputes, service provider failures, or data provider interruptions.

Nothing in these Terms excludes, restricts, or modifies any consumer rights, privacy rights, statutory guarantees, or other rights that cannot be excluded, restricted, or modified under applicable law.

18. Contact Information

If you have questions about these Terms, contact us at:

Breakout Limited
General Support: [email protected]
Legal Inquiries: [email protected]
Website: breakout.gg

Previous Versions
No previous versions. This is the first published version of these Terms of Service.