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Terms

Clutch5 Beta Terms — Version 1.2

Version
1.2
Last updated
September 12, 2026
Operator
Clutch5 is operated by FlipCard LLC (“Clutch5,” “we,” “us,” or “our”)
Website
https://clutch5.app
Contact
[email protected]

IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTIONS: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER IN SECTION 18. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED THERE, YOU AND CLUTCH5 AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 18.6.

1. Acceptance of These Terms

These Terms of Service (“Terms”) govern your access to and use of Clutch5’s websites, web applications, installed web applications, alerts, notifications, links, features, software, and related services (collectively, the “Service”).

For account-based features, subscriptions, and other flows where Clutch5 presents these Terms for acceptance, you accept these Terms by affirmatively agreeing to them, such as by checking a required box or clicking a clearly labeled acceptance button. When you accept, Clutch5 may record the version of these Terms, the date and time of acceptance, and related information reasonably necessary to document that acceptance.

If you browse public Clutch5 pages before creating an account or affirmatively accepting these Terms, the rules governing permitted use, intellectual property, disclaimers, and third-party content apply to that browsing to the extent enforceable under applicable law. The arbitration and class-action-waiver provisions in Section 18 apply only after affirmative acceptance of these Terms.

The following documents are incorporated into these Terms by reference:

If you do not agree to these Terms, do not create an account, purchase a subscription, or use account-based features of the Service.

If you use the Service on behalf of an entity, you represent that you are authorized to bind that entity.

2. Eligibility; Adults Only

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. By using the Service, you represent and warrant that you are at least 18 years old.

Clutch5 is not directed to children or minors. If we learn that a user is under 18, we will terminate the account and delete associated personal information as described in our Privacy Policy.

Third-party services linked from Clutch5, including prediction-market, financial, media, or streaming services, may impose additional age, identity, geographic, licensing, subscription, or eligibility requirements. Some third-party services or jurisdictions may require users to be 21 or older. Clutch5 does not determine whether you are eligible to use any third-party service.

You may use Clutch5 only where permitted by applicable law. We may restrict, modify, or disable features (including market information and third-party links) based on your approximate location or applicable legal or regulatory developments.

3. What Clutch5 Does

Clutch5 is a sports alert and discovery service that helps users identify live games or matches that may be worth watching near an exciting or consequential stage of play.

The Service may display or send information such as:

Clutch5 does recommend games to watch. Telling you that a game is worth turning on right now is what the Service is for. Those recommendations are about entertainment and viewing only, are generated automatically, and can be wrong, late, or absent. Clutch5 does not recommend, and nothing in the Service is intended as a recommendation about, any wager, trade, event contract, investment, or other financial transaction. See Section 4.

Clutch5 does not provide or host the underlying sports broadcast or stream, and does not use official league data unless expressly stated.

4. Clutch5 Is Not a Gambling, Betting, Trading, or Financial Service

Clutch5 is not a sportsbook, casino, betting exchange, prediction market, designated contract market, broker, broker-dealer, futures commission merchant, introducing broker, investment adviser, financial institution, or gambling operator.

Clutch5 does not:

Any odds, prices, probabilities, market data, links, or references relating to a third-party market are provided for general informational and discovery purposes only. They are not directed to any particular person and are not a recommendation, solicitation, inducement, endorsement, sponsorship, or advice to enter any transaction, and their presence does not imply that Clutch5 is affiliated with or approves of the destination.

Your decision to visit or use a third-party service is entirely your own. You are solely responsible for determining whether your activity is lawful where you are located and whether you satisfy that third party’s age, identity, geographic, financial, licensing, suitability, or other requirements.

Clutch5 may hide, restrict, or geographically limit market information or third-party market links at any time, including in response to legal or regulatory developments.

See the Sports Data, Alerts & Third-Party Markets Disclaimer for additional terms.

5. Sports Data, Scores, Clocks, Market Data, and Alerts May Be Wrong or Late

Sports information is time-sensitive and may come directly or indirectly from third parties, public feeds, data providers, league or event sources, or other external systems.

YOU MUST NOT RELY ON CLUTCH5 AS AN OFFICIAL, AUTHORITATIVE, REAL-TIME, OR ERROR-FREE SOURCE OF SPORTS OR MARKET INFORMATION.

Scores, clocks, periods, sets, innings, possession, game status, event status, broadcast availability, odds, prices, probabilities, links, and other information may be delayed, stale, incomplete, inaccurate, duplicated, missing, out of sequence, incorrectly mapped to a game or event, interrupted by network or provider outages, or different from the official source.

A notification may arrive after the relevant play, after the game ends, too early, too late, more than once, or not at all.

Clutch5 does not guarantee that any alert will be sent or delivered, that a device will display it, that a game will remain close after an alert, or that you will have enough time to open a stream and watch the finish.

If accuracy or timing matters, verify the information with an official league, event, broadcaster, market, or other authoritative source.

These disclaimers describe the limits of what Clutch5 promises. They do not grant, establish, or evidence any right or permission for Clutch5 to collect, display, cache, or redistribute third-party sports or market data; any such rights come only from the applicable provider agreements and applicable law.

6. Third-Party Streaming and Media Services

Clutch5 may link to broadcasters, leagues, teams, streaming services, media companies, or other third-party destinations.

Clutch5 does not guarantee that a linked stream is available; that a link opens the correct app, channel, event, or broadcast; that content is available in your location; that you have the required subscription or entitlement; that a third party will continue to carry the event; that a link or deep link will continue to function; or that a third party’s schedule or rights information is accurate.

You may need a separate paid subscription, account, authentication, cable or streaming package, or geographic eligibility to watch content. A Clutch5 subscription does not include any of these.

Unless expressly stated, Clutch5 is not sponsored by, endorsed by, or affiliated with any league, team, athlete, tournament, broadcaster, streaming service, prediction market, or other third party referenced in the Service. Team, league, tournament, broadcaster, and service names are used solely to identify the event and where it may be watched. All third-party names, marks, and content remain the property of their respective owners.

7. Third-Party Links and Services

The Service may contain links to websites, applications, stores, markets, services, APIs, or resources that Clutch5 does not own or control.

Your use of a third-party service is governed by that third party’s own terms, privacy policy, eligibility rules, fees, and legal requirements. Clutch5 is not responsible for the availability, accuracy, legality, security, practices, content, products, services, transactions, losses, or conduct of third parties.

A link does not constitute approval, sponsorship, recommendation, partnership, or endorsement.

If Clutch5 receives compensation for a referral, sponsorship, or affiliate link, Clutch5 will disclose that relationship clearly and conspicuously at or near the link as required by applicable law. Market-related affiliate or referral arrangements will not be introduced without separate legal review.

8. Accounts and Authentication

Some features require an account.

You agree to provide accurate information and to keep your account secure.

Clutch5 does not use reusable passwords. You can sign in either with a third-party authentication provider (currently Google), which authenticates you under its own terms and privacy policy, or with passwordless email sign-in, in which Clutch5 emails a short-lived, single-use six-digit code to your address. Anyone with access to your email account or your Google account can therefore sign in as you.

You are responsible for maintaining control of the email account, Google account, browser, device, and sign-in codes used to access Clutch5.

You must promptly notify us at [email protected] if you believe your account or session has been compromised.

We may suspend, limit, or terminate accounts that we reasonably believe are fraudulent, abusive, unlawful, insecure, or in violation of these Terms.

9. Subscriptions and Payments

Clutch5 provides each new eligible user with a 30-day free access period. No payment method is required for that free-access period. It does not automatically convert into a paid subscription, and Clutch5 does not automatically charge you when the 30 days end.

When the free-access period ends, access to subscription features may stop unless you either:

Clutch5 may provide complimentary access through limited-use access codes or other promotions. Complimentary access is not a paid subscription, has no cash value, may be subject to expiration or use limits, and may be revoked in cases of fraud, unauthorized sharing, or abuse.

If you purchase a paid subscription, the price, billing interval, automatic-renewal terms, cancellation method, and other material plan terms will be shown before you provide payment information, and we will obtain your affirmative consent to the recurring charge. Paid subscriptions are governed by the Clutch5 Subscription & Cancellation Terms, which are incorporated into these Terms, including the provisions describing when interruptions and third-party problems do and do not create a refund. Those Subscription Terms are in preparation and not yet published.

Payments are processed by a third-party payment processor such as Stripe. Clutch5 does not receive or store your full payment-card number.

10. Beta and Experimental Features

Clutch5 may offer beta, preview, experimental, test, early-access, or friends-and-family features.

Beta features may be incomplete, unstable, unavailable, materially changed, or discontinued without notice. Data may be reset or lost during testing. Beta functionality may not have the same support, reliability, security hardening, or availability as a mature commercial service.

You use beta features at your own risk.

11. Acceptable Use

You may not use the Service to:

We may investigate suspected violations and cooperate with lawful requests from authorities.

12. Intellectual Property

The Service, including Clutch5 software, design, branding, visual elements, original text, organization, and proprietary features, is owned by or licensed to FlipCard LLC and is protected by applicable intellectual-property laws.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial purposes. No other rights are granted.

Third-party sports data, league names, team names, marks, broadcaster names, market names, and other third-party materials are owned by their respective owners. Nothing in these Terms grants you, or grants Clutch5, any right in third-party materials beyond what the applicable owner has actually permitted.

If you believe content on Clutch5 infringes your rights, contact [email protected] with enough information for us to evaluate the claim.

13. Feedback

If you voluntarily provide feedback, suggestions, bug reports, or ideas about Clutch5, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use, modify, commercialize, and incorporate that feedback without compensation or obligation to you.

This section does not transfer ownership of your personal information.

14. Service Changes; Availability

We may add, remove, restrict, suspend, modify, or discontinue any part of the Service at any time, including supported sports, leagues, alert criteria, data sources, market displays, third-party integrations, streaming links, free features, and paid features.

We do not guarantee any minimum uptime, notification volume, sport coverage, game coverage, data source, streaming source, market source, or feature availability.

Temporary interruptions, missed or delayed alerts, data errors, broken watch links, and third-party stream outages or blackouts do not automatically entitle you to a refund, credit, or extension. If we permanently discontinue a paid feature during a period you have already paid for, the Subscription & Cancellation Terms describe the remedies available.

15. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL DATA, ALERTS, LINKS, CONTENT, FEATURES, AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLUTCH5 AND FLIPCARD LLC DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, TIMELINESS, COMPLETENESS, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT: SPORTS DATA OR MARKET INFORMATION IS ACCURATE OR CURRENT; ALERTS WILL BE SENT OR ARRIVE ON TIME; A LINK WILL OPEN THE CORRECT OR AVAILABLE STREAM; A GAME WILL REMAIN CLOSE OR EXCITING; A THIRD-PARTY SERVICE WILL BE AVAILABLE OR LAWFUL FOR YOU; THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; OR DEFECTS OR DATA ERRORS WILL BE CORRECTED.

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you. Nothing in this section limits any warranty or right that cannot be excluded under applicable law.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLIPCARD LLC, CLUTCH5, AND THEIR OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (THE “CLUTCH5 PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OPPORTUNITY, BUSINESS, USE, OR EXPECTED SAVINGS, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, THE CLUTCH5 PARTIES ARE NOT LIABLE FOR LOSSES ARISING FROM OR RELATING TO:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE CLUTCH5 PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID DIRECTLY TO CLUTCH5 FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

The limitations in this section apply regardless of the theory of liability (contract, tort, negligence, strict liability, statute, or otherwise), apply even if a limited remedy fails of its essential purpose, and reflect an agreed allocation of risk that is part of the basis of the bargain between you and Clutch5.

The limitations in this section do not apply to liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or gross negligence or willful misconduct where the law does not permit such liability to be limited. Nothing in these Terms is intended to give the Clutch5 Parties complete immunity, and some jurisdictions do not allow certain limitations, so some of them may not apply to you.

17. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Clutch5 Parties from and against third-party claims, and related liabilities, damages, judgments, losses, costs, expenses, and reasonable attorneys’ fees, to the extent arising out of:

We will notify you promptly of any such claim and may, at our option, assume control of the defense at our own expense; you will cooperate reasonably in that defense. This section does not apply to the extent a claim results from our own breach or misconduct, or where indemnification cannot lawfully be required.

18. Dispute Resolution; Binding Individual Arbitration; Class Action and Jury Trial Waivers

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

18.1 Informal Resolution First

Before starting arbitration or a lawsuit permitted under this section, you and Clutch5 agree to attempt to resolve the dispute informally for at least 30 days after written notice.

Your notice must be sent to [email protected] and must include your name, account email, a description of the dispute, and the specific relief requested. Our notice to you will be sent to the email address on your account. The parties agree to a good-faith telephone or video conference during this period if either party requests one. Any applicable statute of limitations is tolled during the informal-resolution period.

18.2 Agreement to Arbitrate

Except as provided in Section 18.5, you and FlipCard LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with Clutch5, including its existence, validity, interpretation, performance, breach, or termination, and including disputes that arose before you accepted these Terms, will be resolved by binding individual arbitration rather than in court.

The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.

Delegation. The arbitrator, and not any court, has exclusive authority to resolve all disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide disputes about the enforceability of the class action waiver in Section 18.3 and about Section 18.7 (Batch Arbitration).

18.3 No Class or Representative Actions

YOU AND CLUTCH5 AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

If a court decides that this class action waiver is unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief that cannot be waived under applicable law), then that claim or request for relief will be severed and decided in court, and all other claims will be arbitrated. In no event will class, collective, or representative claims be arbitrated.

18.4 Arbitration Procedure

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as modified by these Terms. AAA rules are available at www.adr.org. If AAA is unavailable or unwilling to administer the arbitration, the parties will select a comparable administrator, and if they cannot agree, a court may appoint one.

The arbitration will be conducted by a single neutral arbitrator. Hearings, if any, will be conducted by video conference unless the arbitrator determines an in-person hearing is necessary, in which case it will be held in the county where you live or another mutually agreed location. The arbitrator may award any individual relief that a court could award, must follow applicable law, and will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.

Fees. Payment of AAA filing, administrative, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. If your claim is for $10,000 or less, Clutch5 will pay all AAA fees other than the consumer filing fee you are responsible for under those rules, unless the arbitrator finds that your claim was frivolous or brought for an improper purpose. Each party bears its own attorneys’ fees unless the arbitrator awards fees under applicable law or the AAA rules.

18.5 Exceptions

Either party may (a) bring an individual claim in small claims court if the claim qualifies and remains in that court, and (b) seek temporary or preliminary injunctive relief in court to stop unauthorized access, security abuse, scraping, or intellectual-property misuse, pending arbitration. Nothing in this Section prevents you from bringing issues to the attention of federal, state, or local agencies.

18.6 30-Day Opt-Out

You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days after you first accept these Terms. Your notice must include your full name, the email associated with your Clutch5 account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect the rest of these Terms. If you opt out, Section 18.9 applies.

18.7 Batch Arbitration

If 25 or more similar arbitration demands are filed against Clutch5 by or with the assistance of the same law firm or coordinated group within a 90-day period, the parties agree that AAA will administer them in batches of up to 50 claims, each batch to be assigned a single arbitrator and treated as a single consolidated arbitration for purposes of fees, with a single set of filing and administrative fees per batch. The parties will cooperate in good faith to implement this process; disputes about it will be decided by a court under Section 18.9. Nothing in this Section authorizes class or representative relief.

18.8 Time Limit for Claims

To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be filed within two years after the claim accrues, or it is permanently barred. This does not shorten any longer period required by applicable law.

18.9 Courts for Non-Arbitrable Disputes; Jury Trial Waiver

For disputes that are not subject to arbitration, you and FlipCard LLC consent to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, except where applicable law requires otherwise. TO THE EXTENT PERMITTED BY LAW, YOU AND CLUTCH5 EACH WAIVE THE RIGHT TO A JURY TRIAL in any such proceeding.

18.10 Changes to This Section

If we change this Section 18 after you accept these Terms, the change will not apply to any dispute for which either party gave written notice before the change took effect, and you may reject the change by notifying us within 30 days of the change, in which case the prior version continues to apply to you.

18.11 Survival; Severability

This Section 18 survives termination of your account or these Terms. Except as stated in Section 18.3, if any portion of this Section is found unenforceable, the remainder will be enforced to the fullest extent permitted.

19. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 18.

Mandatory consumer-protection laws of the state or country where you reside continue to apply to you where they cannot lawfully be waived by contract.

20. Suspension and Termination

You may stop using Clutch5 at any time and may delete your account as described in the Privacy Policy.

We may suspend or terminate access if we reasonably believe you violated these Terms, created legal or security risk, abused the Service, failed to pay applicable fees, or if we discontinue the Service.

Sections that by their nature should survive termination will survive, including provisions concerning intellectual property, disclaimers, liability limits, indemnity, dispute resolution, and amounts owed.

21. Changes to These Terms

We may update these Terms from time to time. The updated Terms will state a new effective date and version.

If a change is material, we will provide at least 30 days’ advance notice through the Service, by email, or another reasonable method before it takes effect, except for changes required by law or addressing a new feature, which may take effect immediately upon notice.

Where applicable law or the nature of the change requires affirmative consent, including material changes to an active paid subscription or the arbitration agreement, we will request it. For other changes, continued use after the effective date may constitute acceptance to the extent permitted by law.

22. Electronic Communications and Notices

You agree that notices, disclosures, agreements, and communications may be provided electronically, including by email to the address on your account or through the Service, and that electronic communications satisfy any legal requirement that communications be in writing. You are responsible for keeping your account email current.

Notices to Clutch5 must be sent to [email protected]. A postal address for written notices will be published here once it is confirmed.

23. Assignment

You may not assign or transfer these Terms without our written consent.

We may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, transfer of the Service to an affiliated entity, sale of assets, or by operation of law, subject to applicable law.

24. Export and Sanctions

You may not use the Service if you are located in a country or territory subject to comprehensive U.S. sanctions or are a person designated on a U.S. government restricted-party list.

25. Force Majeure

Clutch5 is not liable for any failure or delay caused by events beyond its reasonable control, including data-provider or hosting outages, internet or push-service failures, labor actions, government action, and league or broadcaster decisions.

26. Notice to California Residents

Under California Civil Code § 1789.3, California users are entitled to the following notice: The Service is provided by FlipCard LLC. Pricing information for paid features is presented at checkout. Complaints or requests for information may be sent to [email protected]. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.

27. General

Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in effect, subject to Section 18.3 and 18.11.

Waiver. A failure to enforce a provision is not a waiver.

No Third-Party Beneficiaries. Except for the Clutch5 Parties under Sections 16 and 17, these Terms create no third-party beneficiary rights.

Entire Agreement. These Terms, together with the incorporated policies and plan-specific terms presented at checkout, form the entire agreement between you and Clutch5 regarding the Service and supersede prior agreements concerning the same subject matter.

Headings; Language. Headings are for convenience only. These Terms are written in English; any translation is for convenience and the English version controls.

28. Contact

Clutch5 — operated by FlipCard LLC
Email: [email protected]
Website: https://clutch5.app

A postal address for written correspondence will be published here once it is confirmed.