Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using ProConBets.com (the "Platform"), operated by Kiwihawk, LLC ("Company," "we," "us," or "our"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must immediately cease use of the Platform.

Your continued use of the Platform following the posting of any changes to these Terms constitutes acceptance of those changes. We recommend reviewing these Terms periodically.

Implied Consent (Free Users): By clicking "I am 21+" on the age verification gate and entering the Platform, you agree to these Terms and our Privacy Policy. A record of your consent is stored via a secure cookie with a timestamp for legal verification purposes.

Explicit Consent (PALS Subscribers & Registered Users): By checking the "I agree to the Terms of Service and Privacy Policy" checkbox during account registration or subscription checkout, you provide explicit, affirmative consent to these Terms. Your subscription will not be activated until this checkbox is confirmed.

2. Eligibility & Age Verification

You must be at least twenty-one (21) years of age to access or use this Platform. By using the Platform, you represent and warrant that you are at least 21 years old and that sports betting content is legal in your jurisdiction.

The Platform employs an age verification gate that must be completed before accessing any content. Misrepresenting your age to access the Platform is a violation of these Terms and may be a violation of applicable law. We reserve the right to verify your age at any time and to terminate access if we reasonably believe you are under 21.

State Restrictions: Sports betting is legal only in certain U.S. states. You are solely responsible for determining whether sports betting is legal in your jurisdiction. The Platform does not operate a sportsbook, accept wagers, or facilitate the placement of bets. We provide analysis and educational content only.

3. Description of Services

ProConBets is a sports betting analysis platform that provides educational content through AI-powered video debates. Our core value proposition is "Both Sides. Every Bet" — presenting both PRO and CON perspectives on betting opportunities to help users make informed decisions.

Free Services include:

• AI-generated video analysis featuring analyst personas debating betting opportunities
• Educational content explaining betting concepts, terminology, and strategy
• Access to daily sports betting analysis across multiple sports
• Links to licensed sportsbook operators via affiliate partnerships

Premium Services (PALS — see Section 6) include:

• Interactive conversational AI sessions with analyst personas
• Personalized betting analysis and discussion
• Advanced analytics and performance tracking

4. AI-Generated Content Disclaimer

The analyst personas featured on ProConBets — including but not limited to Buck "The Voice" Malone, Kira "The Check" Doss, and Carlos "Carlito" Vega — are fictional characters created by Kiwihawk, LLC. These characters are portrayed by AI avatars that visually and audibly embody licensed likenesses of real performers, but the characters do not represent, depict, or embody any real person's identity, persona, beliefs, opinions, or expertise.

All personality traits, behavioral characteristics, speaking styles, and narrative elements of these characters are fictional, Company-created attributes. The performers whose likenesses are used have licensed their visual and audio characteristics to the Company pursuant to Commercial Licensing Agreements and have no involvement in content creation, script generation, or editorial decisions.

AI-generated content is produced using automated systems including, but not limited to, large language models for script generation, real-time sports data APIs for statistical information, and AI video generation technology for avatar rendering. While we strive for accuracy, AI-generated content may contain errors, inaccuracies, or outdated information.

You acknowledge and agree that:

• No content on this Platform constitutes financial advice, gambling advice, or a recommendation to place any wager
• AI-generated analysis is for informational and entertainment purposes only
• Statistical data and analysis may contain errors or inaccuracies inherent to AI generation
• Past performance data does not guarantee future results
• You are solely responsible for any betting decisions you make
• The Company does not guarantee the accuracy, completeness, or timeliness of any content

5. User Accounts & Registration

Certain features of the Platform, including PALS interactive sessions, require account registration. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You may not share, transfer, sell, or assign your account credentials to any third party. Each account is for a single individual's personal, non-commercial use only. We reserve the right to suspend or terminate accounts that we reasonably believe are being shared or used in violation of these Terms.

6. PALS Interactive Feature Terms

PALS (Personalized Analyst Live Sessions) is a premium subscription feature that allows users to engage in real-time conversational AI sessions with our analyst personas. By subscribing to PALS, you agree to the following additional terms:

6.1 Nature of PALS Interactions

PALS sessions are powered by artificial intelligence. The analyst personas are fictional characters and are not real people. Conversations are generated in real time by AI systems and do not constitute professional advice of any kind. You should not rely on PALS interactions as the sole basis for any betting, financial, or personal decision.

6.2 Personal Use Only

PALS subscriptions are strictly for personal, non-commercial use by the individual account holder. Commercial use — including but not limited to displaying PALS sessions in public venues (bars, restaurants, clubs), broadcasting or streaming sessions, reselling access, or using PALS for any revenue-generating purpose — is expressly prohibited without a separate Commercial/Enterprise license. For commercial or enterprise use inquiries, contact info@proconbets.com.

6.3 Usage Limits & Hard Caps

Each PALS subscription tier includes a specific monthly allocation of conversation minutes. These allocations are hard-capped, meaning:

• When you reach your monthly minute limit, active conversations will end with a one-minute warning
• You will be unable to start new conversations until the next billing cycle, unless you purchase a minute add-on pack or upgrade your tier
• Unused minutes do NOT roll over to the next billing period
• Minute add-on packs apply to the current billing month only and do not roll over

6.4 Session Restrictions

• Only ONE active conversation is permitted per account at any time
• Sessions have a maximum duration of fifteen (15) minutes per session
• Sessions will automatically end after two (2) minutes of inactivity
• Your account may be accessed from a maximum of three (3) registered devices

6.5 Usage Monitoring & Abuse Prevention

To ensure fair use and prevent abuse, we employ automated monitoring systems that collect and analyze conversation duration and frequency, IP addresses and device identifiers, session timing and patterns, and geographic location data. Accounts exhibiting patterns indicative of account sharing, commercial exploitation, automated access, or other Terms violations may be required to upgrade, temporarily suspended, or permanently terminated.

6.6 Content & Conduct in PALS Sessions

You agree not to use PALS sessions to transmit abusive, harassing, threatening, or hateful content; to attempt to manipulate or exploit the AI systems; to input content designed to bypass safety measures or generate prohibited outputs; or to record, reproduce, or redistribute session content without express written permission. We reserve the right to terminate sessions and accounts that violate these standards.

7. Subscription Terms & Billing

7.1 Subscription Tiers

PALS subscriptions are billed monthly through our third-party payment processor (Stripe). Current subscription tiers, pricing, and included features are displayed on the Platform at the time of purchase. We reserve the right to modify pricing and tier structures with thirty (30) days' notice to existing subscribers.

7.2 Automatic Renewal

All subscriptions automatically renew at the end of each billing cycle unless cancelled by you prior to the renewal date. You may cancel your subscription at any time through your account settings or by contacting info@proconbets.com. Cancellation takes effect at the end of the current billing period.

7.3 Refund Policy

Subscription fees are non-refundable. Unused conversation minutes cannot be refunded, credited, or exchanged. If you cancel mid-cycle, you retain access through the end of the current billing period but will not receive a prorated refund.

7.4 Payment Processing

All payment processing is handled by Stripe, Inc. We do not store, process, or have access to your complete credit card or payment information. By providing payment information, you authorize Stripe to charge your designated payment method for the subscription fees. Stripe's terms of service and privacy policy apply to all payment transactions.

8. Communications, Email & Marketing Consent

8.1 Automatic Opt-In to ProConBets Communications

By providing your email address to ProConBets through any mechanism on the Platform — including but not limited to account registration, PALS subscription checkout, newsletter or daily digest signup, weekly recap signup, promotional popup forms, contact forms, or any other feature that collects your email address — you automatically opt in to receive email communications from Kiwihawk, LLC doing business as ProConBets.

The act of submitting your email address for any service or feature constitutes your affirmative consent to receive all ProConBets email communications. This means, for example, that subscribing to PALS, signing up for a daily betting digest, or submitting a contact inquiry all equally grant ProConBets permission to send you the full range of email communications described below.

8.2 Types of Communications

By providing your email address, you consent to receive:

• Daily and/or weekly betting analysis digests and newsletters
• Promotional offers, discounts, and special announcements from ProConBets
• New feature announcements, product updates, and platform news
• Educational content related to sports betting and analysis
• Curated offers from our affiliate partners and sponsors (see Section 9)
• Transactional emails including receipts, subscription confirmations, usage alerts, and security notifications

Transactional emails (receipts, subscription confirmations, usage alerts, security notifications, and account-related communications) are necessary for the operation of your account and will be sent regardless of your marketing email preferences.

8.3 Opt-Out Rights

You may opt out of marketing and promotional emails at any time by:

• Clicking the "Unsubscribe" link at the bottom of any marketing email
• Updating your email preferences in your account settings
• Contacting us at info@proconbets.com with the subject line "Unsubscribe"

Opt-out requests will be processed within ten (10) business days. Opting out of marketing emails will NOT affect transactional emails related to your account, subscription, or security.

8.4 CAN-SPAM Compliance

All marketing emails sent by Kiwihawk, LLC comply with the CAN-SPAM Act of 2003. Every marketing email will include: our company name and physical mailing address, a clear and conspicuous unsubscribe mechanism, accurate subject lines and header information, and clear identification as a commercial message.

9. Data Sharing with Partners

9.1 Partner Data Sharing — Opt-In by Default

By providing your email address and affirmatively checking the partner sharing consent checkbox during account registration, subscription checkout, or newsletter signup, you consent to Kiwihawk, LLC sharing your contact information (email address and, if provided, name) with our trusted third-party partners, including but not limited to:

• Licensed sportsbook operators (e.g., DraftKings, FanDuel, BetMGM, ESPN BET)
• Sports media companies and content partners
• Sports technology and analytics companies
• Sports apparel, nutrition, and related consumer brands

These partners may use your contact information to send you promotional offers, product information, and marketing communications relevant to sports, sports betting, and related interests.

9.2 Partner Data Sharing — Opt-Out Rights

You may opt out of partner data sharing at any time by:

• Unchecking the partner sharing preference in your account settings
• Contacting us at info@proconbets.com with the subject line "Opt-Out Partner Sharing"

Opt-out requests will be processed within ten (10) business days. Please note that once your information has been shared with a partner prior to your opt-out request, we cannot control or retrieve information already in their possession. You may need to contact those partners directly to unsubscribe from their communications.

9.3 Restrictions on Partner Use

We require our partners to use your contact information only for the purposes described in this section and to comply with all applicable laws, including the CAN-SPAM Act. We do not sell your information to data brokers, and we do not share your information with partners in industries unrelated to sports, sports betting, or athletics. Partners are contractually prohibited from sharing your information with additional third parties without your separate consent.

9.4 What We Never Share

We will never share: your payment or financial information, your PALS conversation content or session data, your browsing history or betting analysis preferences, or any personally identifiable information beyond your email address and name (if provided) without your explicit additional consent.

10. Privacy & Data Collection

10.1 Information We Collect Automatically

When you visit the Platform, we automatically collect: IP address, browser type and version, device information (type, operating system, screen resolution), pages visited and time spent on each page, referring URL and exit pages, geographic location (approximate, based on IP), and date and time of access.

10.2 Information You Provide

We collect information you voluntarily provide, including: email address (if you subscribe, register, or sign up for communications), payment information (processed and stored by Stripe, not by us), PALS conversation inputs and interaction data (for active session management and abuse prevention), and any information submitted through contact forms or support inquiries.

10.3 How We Use Your Information

We use collected information to: operate, maintain, and improve the Platform; process subscriptions and transactions; send communications you have consented to receive; detect and prevent abuse, fraud, and unauthorized access; comply with legal obligations; analyze aggregate usage trends to improve content; and enforce these Terms.

10.4 Data Retention

We retain your personal information only for as long as necessary to fulfill the purposes described in these Terms, or as required by law. PALS conversation data is retained for abuse prevention and quality improvement purposes for ninety (90) days, after which it is anonymized or deleted. Account information is retained for the duration of your account and for a reasonable period thereafter for legal compliance purposes.

10.5 Your Data Rights

You have the right to: request access to your personal data, request correction of inaccurate data, request deletion of your data (subject to legal retention requirements), opt out of marketing communications and partner data sharing, and request a copy of your data in a portable format. To exercise any of these rights, contact info@proconbets.com.

11. Cookies & Tracking Technologies

The Platform uses cookies and similar tracking technologies for: age verification (storing consent to avoid repeated verification), analytics (Google Analytics 4 for aggregate usage analysis), affiliate tracking (identifying referrals to sportsbook partners for commission purposes), session management (maintaining your login state and preferences), and functionality (remembering your language and display preferences).

You may disable cookies in your browser settings. However, disabling cookies may affect Platform functionality, including the age verification gate (which may reappear on each visit) and your ability to maintain a logged-in session.

12. Affiliate Disclosure

ProConBets is an affiliate partner of licensed sportsbook operators, including but not limited to DraftKings, FanDuel, BetMGM, and ESPN BET. When you click an affiliate link on the Platform and sign up for or place a bet with a sportsbook, we may earn a commission.

You acknowledge and agree that:

• Affiliate relationships do not influence our analysis. ProConBets presents both PRO and CON perspectives on every betting opportunity, and the same betting options are displayed equally regardless of affiliate partnerships
• Affiliate links direct you to external sportsbook platforms governed by their own terms and conditions
• We are not responsible for your experience, transactions, or disputes with any sportsbook operator
• You are not obligated to use our affiliate links, and you may access sportsbooks directly at any time

This disclosure is made in compliance with Federal Trade Commission (FTC) guidelines regarding affiliate marketing and endorsements.

13. Responsible Gambling

Kiwihawk, LLC is committed to promoting responsible gambling. Sports betting involves risk. You should never bet more than you can afford to lose. Gambling should be treated as entertainment, not as a source of income or a way to solve financial problems.

If you or someone you know has a gambling problem, help is available:

• National Council on Problem Gambling: 1-800-GAMBLER (1-800-522-4700) — 24/7
• National Problem Gambling Helpline: www.ncpgambling.org
• Arizona Problem Gambling Helpline: 602-255-1574
• Arizona Department of Gaming Suspicious Activity Hotline: 833-652-0828 (Confidential)

We encourage you to set personal limits on your betting activity, take breaks from gambling, and seek help if gambling stops being fun. All content on this Platform includes responsible gambling messaging, and no content guarantees wins or specific outcomes.

14. Prohibited Conduct

You agree NOT to:

• Use the Platform if you are under 21 years of age
• Use automated bots, scrapers, crawlers, or data mining tools to access Platform content
• Attempt to gain unauthorized access to the Platform, its servers, or any connected systems
• Interfere with or disrupt the Platform or impose an unreasonable load on our infrastructure
• Share, transfer, sell, or sublicense your account credentials
• Use the Platform for any commercial purpose without a separate commercial license
• Reproduce, distribute, modify, or create derivative works from Platform content
• Misrepresent your identity, age, or location
• Harass, threaten, or abuse other users or Platform personnel
• Violate any applicable local, state, national, or international law or regulation
• Attempt to reverse-engineer, decompile, or extract the source code of any AI systems, algorithms, or proprietary technologies used by the Platform
• Use PALS sessions to generate or distribute content that is defamatory, libelous, obscene, fraudulent, or otherwise objectionable
• Circumvent, disable, or otherwise interfere with security features, usage monitoring, or access restrictions of the Platform

15. Intellectual Property

15.1 Company Ownership

All content on the Platform — including but not limited to AI-generated videos, scripts, analysis, AI avatars, characters (including Buck "The Voice" Malone, Kira "The Check" Doss, and Carlos "Carlito" Vega), character personality traits, speaking styles, catchphrases, logos, graphics, website design, software, algorithms, and all other intellectual property — is owned by or licensed to Kiwihawk, LLC and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

15.2 Trademark

"ProConBets" is a trademark of Kiwihawk, LLC (application filed December 2025). Unauthorized use of this trademark or any confusingly similar mark is strictly prohibited.

15.3 AI Avatar & Character Rights

The AI avatars and fictional analyst characters used on this Platform are Company-created works. The visual and audio likenesses embodied in the AI avatars are used under exclusive, perpetual licensing agreements with their respective performers. The characters, their personalities, scripts, and all generated content are solely owned by Kiwihawk, LLC. No user acquires any intellectual property rights in any Platform content through use of the Platform.

15.4 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use, subject to these Terms. This license does not include the right to reproduce, distribute, publicly perform, or create derivative works from any Platform content.

16. No Warranty & Entertainment Disclaimer

Kiwihawk, LLC expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that: the Platform will be uninterrupted, error-free, or secure; any content will be accurate, complete, or current; any analysis or recommendation will result in a winning bet; or the Platform will meet your specific requirements.

17. Limitation of Liability

This includes, without limitation, liability for:

• Gambling losses or financial losses of any kind
• Inaccurate AI-generated analysis or recommendations
• Technical errors, service interruptions, or data loss
• Unauthorized access to your account or data
• Actions taken by third-party sportsbooks or partners
• Any reliance on content provided through the Platform or PALS sessions

In no event shall our total aggregate liability exceed one hundred dollars ($100.00) or the total amount you have paid to us in the twelve (12) months preceding the event giving rise to the claim, whichever is greater.

18. Indemnification

You agree to indemnify, defend, and hold harmless Kiwihawk, LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Platform; your violation of these Terms; your violation of any applicable law or regulation; any betting or gambling activities you engage in; any content you submit through the Platform; or your infringement of any third-party rights.

19. Third-Party Links & Services

The Platform contains links to third-party websites and services, including licensed sportsbook operators. These links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. Your use of third-party websites is at your own risk and subject to their respective terms and conditions.

Third-party services used by the Platform include, but are not limited to: Stripe (payment processing), Google Analytics (website analytics), Vercel (hosting), and various sportsbook affiliate programs. Each of these services has its own terms of service and privacy policy that you should review.

20. Security & Performance

We employ industry-standard security measures to protect the Platform and your data, including HTTPS encryption, secure hosting infrastructure, DDoS protection, bot detection and rate limiting, Web Application Firewall (WAF) protections, regular security monitoring, and secure API communications. However, no method of electronic transmission or storage is 100% secure. We cannot guarantee absolute security of your data.

The Platform is designed to handle high-traffic events. However, we do not guarantee uninterrupted access during periods of exceptionally high demand, system maintenance, or force majeure events. We reserve the right to implement rate limiting, access restrictions, or temporary service interruptions to maintain Platform stability and security.

21. Dispute Resolution & Governing Law

21.1 Governing Law

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

21.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Platform shall be resolved through binding arbitration in Maricopa County, Arizona, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Each party shall bear its own costs and fees, including attorneys' fees.

21.3 Class Action Waiver

21.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

22. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to: violation of these Terms, fraudulent or abusive activity, failure to pay subscription fees, conduct that we reasonably believe is harmful to other users or the Platform, or as required by law.

Upon termination: your right to use the Platform ceases immediately; any outstanding subscription fees remain due; your data may be deleted in accordance with our data retention policies; and provisions of these Terms that by their nature should survive termination (including Sections 4, 15, 16, 17, 18, 21, and this Section 22) shall survive.

23. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through: a prominent notice on the Platform, email notification to registered users, and/or an updated "Last Updated" date at the top of these Terms. Your continued use of the Platform after changes are posted constitutes acceptance of the modified Terms. If you do not agree to any modification, you must discontinue use of the Platform.

24. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

25. Contact Information

For questions about these Terms of Service: