Terms of Service

Rules and guidelines for using MistWick

Last Updated: December 19, 2024

⚠️ IMPORTANT - READ CAREFULLY

These Terms of Service constitute a legally binding agreement. By using MistWick, you agree to ALL terms outlined below.

Key Points: You must be 18+, wagering involves financial risk, all transactions are final, we are not responsible for lost funds due to user error, and disputes are resolved through arbitration.

1. Acceptance of Terms

•By accessing or using MistWick, you agree to be bound by these Terms of Service ('Terms')
•If you do not agree to these Terms, you must not use the platform
•We reserve the right to modify these Terms at any time. Continued use after changes constitutes acceptance
•You are responsible for regularly reviewing these Terms for updates
•These Terms constitute a legally binding agreement between you and MistWick

2. Eligibility & Age Requirements

•You must be at least 18 years old (or the age of majority in your jurisdiction) to use MistWick
•By creating an account, you confirm that you meet this age requirement
•Skill-based wagering may be restricted or prohibited in certain jurisdictions
•It is YOUR responsibility to ensure compliance with local laws and regulations
•We reserve the right to request age verification at any time
•Accounts created by minors will be immediately terminated, and funds may be forfeited

3. Wagering & Financial Terms

•All wagers are final once a transaction is confirmed on the blockchain
•You acknowledge that wagering involves financial risk, and you may lose your entire wager
•Platform fees (5% of wagers) and creator bonuses (1% for tournaments) are deducted automatically
•Gas fees (paid to the Base network) are separate and non-refundable
•Prize payouts are automatic and sent to the winner's wallet immediately upon game completion
•MistWick is NOT responsible for funds sent to incorrect addresses or wrong networks
•We do not offer refunds for user error, including accidental wagers or incorrect game settings
•Minimum wager amounts may apply and can be changed without notice

4. Account Security & Responsibilities

•You are solely responsible for maintaining the security of your wallet and private keys
•MistWick has NO access to your private keys or seed phrases and cannot recover lost wallets
•If using an embedded wallet (Privy), follow their security guidelines for account recovery
•Never share your private key, seed phrase, or account credentials with anyone
•You are responsible for all activity conducted through your account
•Immediately notify us if you suspect unauthorized access to your account
•MistWick is not liable for losses due to compromised accounts, phishing, or user negligence

5. Prohibited Activities

•Cheating, hacking, or exploiting bugs to gain unfair advantages
•Using bots, scripts, or automation tools to play games
•Creating multiple accounts to abuse referral systems or evade bans
•Collusion with other players to manipulate game outcomes
•Money laundering, fraud, or any illegal financial activity
•Harassment, hate speech, threats, or abusive behavior toward other users
•Spamming, phishing, or distributing malware
•Attempting to reverse-engineer, decompile, or hack the platform or smart contracts
•Violation of any local, state, national, or international law
•Users engaging in prohibited activities will be banned, and funds may be forfeited

6. Dispute Resolution & Fairness

•All game outcomes are determined by smart contract logic, which is transparent and auditable
•MistWick does NOT manually intervene in game results or outcomes
•In case of disputes, you may contact support@mistwick.com with evidence (transaction hashes, screenshots)
•We will review disputes fairly, but our decision is final and binding
•Smart contract bugs that result in unfair outcomes may warrant refunds at our sole discretion
•Timeout/forfeit rules are automatically enforced by smart contracts
•You agree to arbitration for any legal disputes (see Section 12 for details)

7. Intellectual Property

•All content on MistWick (logos, text, graphics, code) is owned by MistWick or licensed to us
•You may not copy, reproduce, distribute, or create derivative works without permission
•User-generated content (clan logos, usernames) remains your property but grants us a license to display it
•You must not upload content that infringes on others' intellectual property rights
•Trademark: 'MistWick' and our logo are trademarks of MistWick. Unauthorized use is prohibited
•We reserve the right to remove any content that violates intellectual property rights

8. Clans & Tournaments

•Clan leaders are responsible for managing their clan's treasury and members
•MistWick is not liable for disputes between clan members or misuse of clan funds
•Clan Wars entry fees are non-refundable once paid, except in cases of platform error
•Tournament creators must adhere to platform rules and may not manipulate brackets
•We reserve the right to cancel tournaments or Clan Wars if rules are violated
•Prize distribution follows the percentages set at tournament creation
•Abandoned or incomplete tournaments may result in automatic refunds

9. Limitation of Liability

•MistWick is provided 'AS IS' without warranties of any kind, express or implied
•We do not guarantee uninterrupted, error-free, or secure access to the platform
•MistWick is NOT liable for: Lost funds due to user error, network issues, smart contract bugs, or third-party failures
•Our total liability to you for any claim is limited to the amount you paid in platform fees in the past 6 months
•We are not responsible for Base network downtime, gas fee fluctuations, or blockchain congestion
•You use MistWick at your own risk and agree to hold us harmless for any losses

10. Termination & Account Closure

•We may suspend or terminate your account at any time for violation of these Terms
•Reasons for termination include: Cheating, fraud, harassment, illegal activity, or repeated ToS violations
•You may close your account at any time by contacting support
•Upon termination, you retain access to withdraw your funds, but lose platform access
•Banned users may not create new accounts or use proxies to evade bans
•We reserve the right to refuse service to anyone for any reason

11. Disclaimers & Risk Warnings

•WARNING: Wagering involves financial risk. Never wager more than you can afford to lose
•Cryptocurrency values fluctuate. ETH and USDC prices may change between deposit and withdrawal
•Smart contracts have been audited but are not 100% risk-free. Bugs may exist
•Blockchain transactions are irreversible. Double-check all addresses and amounts before confirming
•MistWick is not a financial advisor. We do not provide investment or gambling advice
•This platform is for entertainment and skill-based competition, not guaranteed income
•Seek help if you feel you have a gambling problem: https://www.ncpgambling.org

12. Governing Law & Arbitration

•These Terms are governed by the laws of [Your Jurisdiction - e.g., Delaware, USA]
•Any disputes will be resolved through binding arbitration, not court litigation
•Arbitration will be conducted by a neutral arbitrator under [Arbitration Rules - e.g., AAA]
•You waive your right to a jury trial and class-action lawsuits
•Small claims court is allowed for disputes under $10,000
•Arbitration costs are split between parties unless prohibited by law

Questions About These Terms?

If you have questions or need clarification about our Terms of Service:

📧contact@mistwick.com

💬support@mistwick.com

By continuing to use MistWick, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.