Terms & Conditions

These Terms of Use ("TOU") represent a legally binding agreement between Wild Koala Ltd ("Wild Koala," "we," "our," or "us") and you. Alongside the TOU, the Privacy Policy (available at Privacy Policy) ("Privacy Policy") and the applicable Rules of Play (available at Rules for Promotions), collectively referred to as the "Terms," govern your access to and use of products, games, features, content, and other services offered by Wild Koala via websites, PC/mobile applications, or any other platforms or devices (collectively referred to as the "Services"). The Services also include the Bingo Billions website, located at https://www.bingobillions.com (the "Website").

BY ACCESSING AND/OR USING THE SERVICES (INCLUDING THE WEBSITE), CREATING AN ACCOUNT (WHICHEVER IS THE EARLIER TO OCCUR), AND, AFTER ANY CHANGE OF THE TERMS, BY CONTINUED USE OF ANY OF THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS IN THEIR ENTIRETY.

Please be aware of the arbitration clause and the class action waiver in Section 14. Except as prohibited by law, these provisions require you to arbitrate claims against Wild Koala on an individual basis. Arbitration means that a judge or jury will not decide your claims, and you are not permitted to bring claims as part of a class, consolidated, or representative action. Arbitration is mandatory and the sole remedy for disputes unless otherwise specified or you opt out. Section 13 also stipulates that any judicial proceedings between you and Wild Koala must occur in Tel Aviv-Jaffa, Israel. By using the Services or creating an account, you agree to the maximum extent possible under the applicable law, that any claim or dispute arising from or relating to the Terms or the Services will be resolved per Sections 13 and 14.

If you disagree with any part of the Terms, including the Privacy Policy, TOU, or Rules, you must not create an account, and you must cease using the Services, including the Website. Wild Koala retains the right to modify or update the Terms at its sole discretion. Certain Services may also include additional terms, which will form part of the Terms. When engaging with the Games as defined below, you may encounter Promotions (defined below). By participating in or accepting any Promotion, you agree that it will be governed by the Terms and that certain Personal Information (as described in the Privacy Policy) may be used. Wild Koala's affiliates are third-party beneficiaries of this agreement and will enjoy all rights and privileges granted to Wild Koala under this agreement without liability. Throughout these Terms, "including" means "including but not limited to". You must be over the age of 18 to continue. Our game is designed for entertainment purposes only, not as a form of reliable income.

1.1 Wild Koala provides an online platform for mobile gaming challenges, cash competitions, and tournaments through applications, tools, and services. These offerings are accessible via the Website and downloadable Games.

1.2 To utilize some Services (such as participating in Games or tournaments), you may need to download software and/or mobile applications (together with the content included therein, any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, (collectively the “Software”)), and set up an account (“Account”). Your use of the Software, Games, and Account is subject to the Terms.

1.3 When setting up an Account, you must provide accurate, complete, and up-to-date information ("Account Details"). If your information changes, you are required to update your Account Details accordingly.

1.4 Wild Koala reserves the right to suspend, terminate, or deny access to the Services (including any Game) for violations of the Terms, with or without notice and liability. It is clarified that our unilateral termination of your Account shall not relieve you from the Terms and that even following such termination you will continue to be bound by the Terms.

1.5 Accounts are personal and limited to one per individual.

1.6 All Games and the applicable competitions and tournaments offered in connection therewith, are games of skill. Winners from users who enter a tournament or competition of each Game are determined by the objective criteria and other applicable documentation and criteria associated with each Game, including Historical Player Data (defined below). The Website, Services, Games or competitions and tournaments offered in connection therewith may not be used for any form of illicit gambling.

1.7 Promotions, contests, sweepstakes, and special offers (“Promotion") may be offered periodically. Such Promotions are governed by the Rules, which should be reviewed before participation. 1.8 Bonus Funds may be offered as part of the Services and are also governed by the Rules.

1.9 Virtual Items offered through the Services are governed by the Rules.

1.10 You must be at least 18 years old or the age of majority in your jurisdiction at the time of participation to use the Services, create an Account, or participate in Games or Promotions. Accounts created by anyone under 18 are unauthorized and violate the Terms. Proof of age may be required at our sole discretion, and failure to provide it or inaccurate information may result in account closure.

1.11 By accessing the Services and/or otherwise using the Website, you represent and warrant that you (a) are over the age of eighteen (18) or the age of majority in your jurisdiction at the time of entry, (b) have the legal power to form a binding contract with Wild Koala, (c) are physically located in a jurisdiction in which the use of the Services is unrestricted by law, and (d) agree to at all times abide by the Terms. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SERVICES.

1.12 Related Persons may not play in any public competitions and tournaments, nor participate in Promotions, hosted through the Services.

1.13 Participation is void where prohibited by law.

2. Change of Terms and/or Services

2.1 Wild Koala reserves the right to amend or update the Terms at any time. Changes will take effect immediately upon notice, which may be provided through the Website or other means. Continued use of the Services constitutes acceptance of the updated Terms.

2.2 Wild Koala reserves the right, at any time and at its sole discretion, to change, modify, terminate and/or withdraw all or part of the Services.

3. Software, Device and Device Data

3.1 Using the Services requires compatible hardware and an internet connection. You are responsible for any associated costs, such as internet or mobile fees.

3.2 Using the Games and Services requires an internet connection to our servers and certain hardware, and we may need to collect certain information from you and your internet provider to make the Games and Services available to you.

3.3 We may, at our sole discretion, choose to provide technical support for the Games from time to time. This support may require remote access to your Device. Our access to your Device is strictly governed by our Privacy Policy and will be limited to (a) providing technical support, (b) updating the software, and/or (c) verifying your location for skill-gaming regulatory compliance.

3.4 Wild Koala does not guarantee compatibility with all devices.

4. Registration of Your Account

4.1 To set up an Account, you must provide the following details: (a) a unique username and a code sent via SMS; (b) contact details, including your name, phone number, and email address; (c) payment and billing information; and (d) any other required information.

4.2 Wild Koala enforces anti-money laundering and know-your-client procedures ("AML/KYC"), which form part of these Terms. We may request additional details and documentation, such as a scanned copy of a valid ID. If we reasonably suspect that you have engaged in fraudulent, illegal, or improper activities, including money laundering, we may immediately suspend or terminate your access to the Services.

4.3 By registering an Account, you confirm and guarantee that the details you provide are accurate, complete, and up to date.

4.4 You are allowed to register only one Account and cannot access or use multiple Accounts simultaneously. You agree not to create multiple identities, false personas, or additional Accounts, nor register an Account on behalf of another individual.

4.5 As the Account holder, you are solely responsible for complying with these Terms and are the only person entitled to its benefits. You may not: (a) allow others to access your Account, (b) permit others to use the Services through your Account, or (c) transfer or share Winnings.

4.6 You are solely responsible for all actions taken under your Account, whether by you or an unauthorized third party. You must prevent minors from using your Account.

4.7 We may, at our discretion, limit, suspend, terminate, or modify Accounts if we determine that an Account has been involved in illegal or improper activity.

4.8 In relation to your Account and login credentials, including passwords and any security features such as unique codes or Multi-Factor Authentication, you agree to: keep your Account and login credentials private, notify us immediately at legal@bingobillions.com if you suspect or detect any security breach, prevent individuals under the age of 18 from accessing your Account, and be solely responsible for any transactions made through your Account.

5. Compliance With Laws

5.1 You acknowledge that your participation in the Services, Games, Promotions, and/or Winnings ("Gaming Laws") is subject to various rules, regulations, and legal requirements.

5.2 You are advised that accessing the Services, including specific competitions and tournaments, may be illegal in certain jurisdictions.

5.3 To the best of our knowledge, the following U.S. states are considered Prohibited Jurisdictions: Arizona, Iowa, Louisiana, Michigan, and South Carolina.

5.4 It is solely your responsibility to determine whether the laws of your state, country, territory, or jurisdiction classify it as a Prohibited Jurisdiction. 5.5 We reserve the right to monitor the location from which you access the Services. If necessary, we may restrict access from any Prohibited Jurisdiction using tools such as, but not limited to, geolocation detection.

5.6 You are entirely responsible for complying with all applicable laws. Services, competitions, tournaments, Promotions, and Winnings are void where prohibited or restricted by law.

6. Fair Gaming and Prohibited Use

6.1 You affirm to us that: (a) you will utilize the Services only for legal purposes; and (b) you will not partake in any activities that are questionable or prohibited under these Terms ("Prohibited Activity"). 6.2 You affirm to us that you will not (and will not allow any third party to) make available any content that is illegal, threatening, abusive, invasive of privacy, harassing, defamatory, or otherwise inappropriate; infringes any proprietary rights of any third party; involves commercial activities not expressly permitted by Wild Koala; or contains harmful or malicious software.

6.3 You affirm to us that you will not:

6.3.1 Engage in any activity that disrupts, damages, or undermines the operation of the Services;

6.3.2 Engage in any activity deemed unfair, such as using unauthorized or modified software or hardware to gain a competitive advantage, or colluding with other players;

6.3.3 Transfer funds between accounts unlawfully or use the Services as a money transfer system. You affirm that you will not use the Services for any illegal, fraudulent activity, or prohibited transactions (including money laundering) under applicable laws;

6.3.4 Harass other participants or violate the Terms;

6.3.5 Circumvent or violate security measures implemented in the Services;

6.3.6 Engage in any action that unfairly alters your chances of winning;

6.3.7 Violate any applicable export and sanction laws and regulations ("Trade Controls"). You may not use funds received from any sanctioned territory or entity under the Trade Controls.

6.4 If you engage in Prohibited Activity or breach any of the Terms, we may terminate your Account, void and forfeit any Winnings, and report any suspected money laundering to law enforcement.

6.5 The Services may provide you with access to certain Third Party Content. Wild Koala is not responsible for the business practices or privacy policies of third parties providing Third Party Content.

7. Disclaimer of Warranties and Limitation of Liability.

7.1 BY USING THE SERVICES AND/OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE INDEMNITIES AND LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL TERMS OF THIS AGREEMENT.

7.2 TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WILD KOALA DISCLAIMS ALL WARRANTIES IN RELATION TO THE SERVICES, INCLUDING BUT NOT LIMITED TO:

7.2.1 THE SERVICES ARE PROVIDED "AS IS," WITHOUT ANY KIND OF WARRANTY, WHETHER EXPRESS OR IMPLIED. THE SERVICES MAY EXPERIENCE PERIODIC INTERRUPTIONS OR DOWNTIME.

7.2.2 WILD KOALA MAKES NO PROMISES OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM INTERRUPTIONS OR ERRORS. WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL RESULT IN ANY PROFITS.

7.2.3 WILD KOALA SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM THE USE OF THE SERVICES.

7.2.4 Wild Koala and its affiliates are not responsible for any damage to your device, computer, or software from any virus, malware, bugs, or other technical malfunctions.

7.2.5 Wild Koala does not take responsibility for any issues arising from the Games you play or your Device, which could result in losses in competitions.

7.2.6 You are advised to regularly back up content stored on the Services.

7.3 Indemnification By accessing and/or using the Services, you agree to the following indemnification terms based on your location:

7.3.1 If your Country of Residence is outside the United Kingdom, the European Economic Area, or Australia, you agree to defend, indemnify, and hold harmless Wild Koala Entities from any damage, loss, claim, liability, or expense (including reasonable attorneys' fees) arising out of your access to the Services, your User Content, or your breach of these Terms or third-party rights.

7.3.2 If your Country of Residence is within the United Kingdom, the European Economic Area, or Australia, you agree to compensate Wild Koala Entities for any reasonable losses, costs, or expenses incurred by us as a result of your breach of these Terms, your User Content, or your infringement of any third-party rights.

7.4 Limitation of Liability

7.4.1 For users outside the United Kingdom, the European Economic Area, or Australia: Under no circumstances shall Wild Koala Entities be liable to you under any legal theory for any indirect, incidental, punitive, special, or consequential damages, or loss of profits or data.

7.4.2 For users within the United Kingdom, the European Economic Area, or Australia: Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence. Otherwise, Wild Koala Entities are not liable for indirect damages, data loss, or system failures.

7.4.3 Notwithstanding anything to the contrary, to the maximum extent permitted by applicable law, the total liability of Wild Koala Entities to you for any claim shall be capped at the greater of $50 or the amount you paid to Wild Koala in connection with the Services in the 90 days immediately preceding the date of the claim. If you have made no payments during that period, your sole and exclusive remedy is to stop using the Services and close your Account.

7.4.4 Some jurisdictions may not allow the exclusion of certain warranties or the limitation of liability for specific types of damages. In these jurisdictions, our liability will be limited to the fullest extent allowed by applicable law.

8. User Content and Consent

8.1 Certain features of the Services may enable you to create, upload, submit, share, distribute, or publish content, such as videos, audio clips, text, images, or graphics ("Content").

8.2 By creating, uploading, submitting, posting, distributing, or publishing Content on or through the Services ("User Content"), you:

8.2.1 Grant Wild Koala a global, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable, and fully-paid license to use, modify, edit, reproduce, distribute, display, perform, and otherwise exploit the User Content;

8.2.2 Grant each user of the Services a non-exclusive license to access your User Content and use, reproduce, distribute, display, perform, and create derivative works based on that User Content;

8.2.3 Confirm that you possess and will maintain all necessary rights and permissions for the User Content;

8.2.4 Confirm that your User Content does not infringe upon or violate any laws or the rights of any third party;

8.2.5 Confirm that your User Content complies with the Terms;

8.2.6 Acknowledge that Wild Koala is not obligated to maintain the confidentiality of any User Content;

8.2.9 Agree that Wild Koala has the right, but not the obligation, to edit, remove, modify, reformat, or translate any User Content, for any reason or no reason at all, without notice.

8.3 You are not entitled to any approval, compensation, or credit for any User Content. You acknowledge that Wild Koala may use a record of your gameplay, performance, and results, which may include your User Content, in future Games, tournaments, or competitions without additional compensation. 8.4 YOU AGREE TO INDEMNIFY AND HOLD HARMLESS WILD KOALA FROM ANY DAMAGE, LOSS, CLAIM, LIABILITY, COSTS, OR EXPENSES ARISING OUT OF YOUR USER CONTENT, INCLUDING REASONABLE ATTORNEYS' FEES.

9. Intellectual Property Rights and License

9.1 The Services, Games, competitions, tournaments, Winnings, Promotions, Virtual Items, Third Party Content, User Content, and software, images, text, graphics, trademarks, service marks, copyrights, audio, and videos are owned by Wild Koala or applicable third parties.

9.2 You agree not to use, copy, reproduce, sell, license, rent, modify, distribute, publish, or create derivative works from any of the above materials.

9.3 By submitting Feedback, you agree that it is unsolicited and without obligation on Wild Koala. Wild Koala may use or disclose your Feedback without any additional compensation.

9.4 The Services may include software components licensed from third parties, including open-source software.

9.5 Subject to the Terms, we grant you a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable license to: (a) view the Website; (b) install and run the Games on a device owned or controlled by you, solely to access and use the Services.

9.6 You acknowledge that you are receiving only licensed rights. You may not reverse engineer, decompile, disassemble, or attempt to create the source code of the software.

10. Virtual Items

10.1 Wild Koala may provide you with the opportunity to create or earn virtual items, such as avatars, tokens, trophies, points, or goods (collectively referred to as “Virtual Items”). We hold exclusive ownership of all Virtual Items.

10.2 You agree that Virtual Items may only be obtained directly from us and not from third parties.

10.3 You understand that you do not "own" the Virtual Items. By creating or earning Virtual Items, you are granted a limited, revocable license to a digital product, solely for use within the Services. Virtual Items cannot be sold, transferred, assigned, gifted, traded, or sublicensed.

10.4 Any attempt to transfer, sell, or engage in activities related to Virtual Items in violation of these Terms may result in the termination of your Account, a lifetime ban from using the Services, and/or legal action.

11. Winnings, Account Funds and Payments

11.1 In connection with the Services, you may be required to pay entry fees for certain competitions and tournaments (“Entry Fees”). ALL ENTRY FEES ARE IN U.S. DOLLARS, MUST BE PAID IN ADVANCE, AND ARE NON-REFUNDABLE.

11.2 By providing us with a payment method, you consent to being charged for the Services using this method. If you believe there was an error in the payment of any Entry Fees, you must notify us within 30 days of the error.

11.3 If you participate in a competition that requires an Entry Fee in U.S. Dollars ("Cash Competition"), you are classified as a "Cash Player". For withdrawal requests, you may need to provide personal and payment information. If you deposit via credit card, we may request authorization from your issuing bank for at least ten U.S. Dollars (US$10.00), even if the amount charged is lower. You are responsible for any additional fees your personal accounts may incur during these transactions.

11.4 If you participate in Cash Competitions, you may win Winnings.

11.5 From time to time, at our discretion, we may offer free bonus funds and credits (“Bonus Funds”). Bonus Funds can be used for entering Cash Competitions but cannot be withdrawn or used for other services. If you do not enter any Cash Competitions for ninety (90) days, any remaining Bonus Funds will be forfeited. 11.6 You are fully responsible for all deposits, charges, and withdrawals under your Account, including unauthorized transactions.

11.7 Cash Players may request a withdrawal of funds from their available balance at any time. Virtual Items and Bonus Funds cannot be withdrawn. Processing withdrawal requests may take up to ninety (90) days.

11.8 If you close your Account, any funds, including Winnings, will be forfeited.

11.9 If your Account remains inactive for six (6) months or more, we reserve the right to charge a Monthly Maintenance Fee of US$2.00. If inactivity continues for twelve (12) months, we may close your Account.

11.10 Except where required by law, all fees are final, and no refunds will be issued.

11.11 If you are eligible for Winnings, we may require proof of eligibility. Failure to provide satisfactory proof may result in the forfeiture of your Winnings.

11.12 Competition and tournament results, along with Winnings, are based on final scores upon competition conclusion.

11.13 By using the Service, you permit us to use a record of your gameplay in any competition or tournament and your resulting scores and statistics ("Historical Playthrough") for any purpose, including to improve the Service, to detect fraud and to match with other players.

11.14 Our algorithms are designed to establish the same game setup parameters for each player in the same competition or tournament. Therefore, whether you are matched against a recorded gameplay of a real player or the live gameplay of a real player, you play under the same game setup parameters.

11.15 Wild Koala reserves the right to cancel competitions or tournaments at any time.

11.16 Some competitions and tournaments may offer Guaranteed Winnings, which will be disclosed in the relevant rules.

11.17 You must notify us promptly of any changes to your payment method. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party.

11.18 If your Winnings exceed US$600 in a calendar year, we may issue tax forms and/or withhold required amounts in accordance with applicable laws. You remain responsible for paying all taxes related to your Winnings.

12. Copyright Notification – Digital Millennium Copyright Act Notice

12.1 If you believe that something on the Services infringes your copyright or the copyright of someone you are authorized to represent, please report the alleged infringement to us and provide the following details: (a) a physical signature from the individual authorized to act on behalf of the copyright or intellectual property owner; (b) a description of the copyrighted work or intellectual property you believe has been infringed; (c) a description of where the allegedly infringing material can be found within the Services; (d) your address, phone number, and email address; (e) a statement from you affirming that you believe in good faith the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement made under penalty of perjury that the information in your notice is accurate and that you are either the copyright holder or authorized to act on behalf of the copyright holder.

12.2 If you believe that your content was removed mistakenly in response to a copyright notice, you can submit a counter-notice.

12.3 Our designated agent for receiving notices of copyright or other intellectual property infringement can be contacted at: (a) by mail: 4690 Millennium Drive, Belcamp, MD, Attn: Wild Koala Compliance Department; or (b) by email: legal@bingobillions.com.

12.4 You agree to defend, indemnify, and hold harmless each Wild Koala Entity from any damage, loss, claims, injuries, demands, liabilities, costs, or expenses, including reasonable attorneys' fees, arising from your use of the Services or any breach of these Terms.

12.5 You are solely responsible for your interactions with other users of the Services and any third parties you interact with through the Services.

13. Governing Law and Judicial Forum for Disputes

13.1 Governing Law. These Terms, your use of the Service and our entire relationship will be interpreted in accordance with and governed by the laws of the State of Israel without regard to conflict- or choice-of-law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. If your Country of Residence is the United States, the agreement to arbitrate contained in Section 14, its scope, validity, severability and enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles. If your Country of Residence is in the European Economic Area, Switzerland or the United Kingdom, you also have rights protecting you under the mandatory provisions of the law applicable in your Country of Residence, and no provision in Sections 13 and 14 shall exclude or restrict any of your statutory rights you may have as a consumer that are not permitted to be so excluded or restricted.

13.2 Judicial Forum for Disputes. In the event that you have opted out of arbitration (as set out below) or that the agreement to arbitrate is otherwise found not to apply to you or your claim, you and Wild Koala agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Tel Aviv-Jaffa, Israel. Both you and Wild Koala consent to venue and personal jurisdiction there. Notwithstanding the foregoing, You and Wild Koala may bring an action in any court of competent jurisdiction (i) to compel arbitration pursuant to Section 14, (ii) to enforce an arbitral award issued thereunder, or (iii) as expressly set out in Section 14.9.

14. Dispute Resolution, Governing Laws and Agreement To Arbitrate On An Individual Basis

14.1 PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND WILD KOALA TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND WILD KOALA CAN SEEK RELIEF FROM EACH OTHER.

By agreeing to these Terms, you and Wild Koala agree that any and all past, present and future disputes, claims or causes of action between you and Wild Koala arising out of or relating to these Terms, the Service, the formation of these Terms, our relationship or any other dispute between you and Wild Koala or any of Wild Koala's subsidiaries, affiliates, licensors, distributors, suppliers, service providers or agents (including but not limited to any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section 14, (collectively, “Dispute(s)”) will be governed by the procedure outlined below. You and Wild Koala further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.

14.2 Informal Dispute Resolution. The parties shall first attempt to resolve any Dispute informally for at least 60 days before initiating arbitration (or, as permitted, litigation). The informal negotiations begin upon the sending of a properly addressed written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must: (i) include the full name and contact information of the complaining party; (ii) include additional information to identify the complaining party and the relevant player's Account(s), including email address(es) used to establish your Account(s), and Device ID; (iii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. The Notice of Dispute to Wild Koala shall be sent to legal@bingobillions.com. Wild Koala will send the Notice of Dispute to your postal or email address (if available). You agree to participate in at least one telephonic or virtual meeting with us to attempt to resolve the Dispute. We agree to do the same. If a party is represented by counsel, that party’s counsel may participate in the meeting, but the parties themselves must also fully participate in the meeting. If a dispute is not resolved within 60 days after the Notice of Dispute is sent, you or Wild Koala may initiate an arbitration proceeding as described below. A party’s failure to satisfy the conditions precedent of a Notice of Dispute and meeting, and completion of the 60-day period, entitles the opposing party to seek immediate dismissal of the arbitration or (where permitted under these Terms) litigation and the right to seek reimbursement of its costs. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

14.3 We Both Agree To Arbitrate. By agreeing to these Terms, and to the extent permitted by applicable law, you and Wild Koala each and both agree to resolve any Disputes not resolved through Informal Dispute Resolution as discussed above exclusively through final and binding arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below. Any challenge to the validity, scope, severability or enforceability of this Section 14 shall be determined exclusively by the arbitrator.

14.4 Opt-out of Agreement to Arbitrate. You may decline this Section 14 (agreement to arbitrate on an individual basis) by contacting legal@bingobillions.com within 30 days of first accepting these Terms and stating that you decline this arbitration agreement. You must include your first and last name, email address, postal address and device ID and you must personally hand-sign and date your notice. You can attach the notice to your email as a pdf, photograph or by any other means that clearly displays the required information and demonstrates that you have complied with these requirements. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Wild Koala will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the Terms otherwise provided herein. For avoidance of doubt, in the event you exercise your right to opt out of the agreement to arbitrate, those limitations and restrictions applicable to litigation that are set out in Subsections 14.2 and 14.8 shall continue to apply to you. In addition, if you opt out of this agreement to arbitrate and at the time of your receipt of these Terms you were bound by an existing agreement to arbitrate disputes arising out of or related to your use of or access to the Services, that existing arbitration agreement (but not the remainder of those prior Terms) will remain in full force and effect. In other words, if you are bound by an agreement to arbitrate at the time you opt out of this one, that prior agreement to arbitrate will continue to apply to you. The remainder of these Terms (aside from this Section 14) shall supersede the prior version.

14.5 Arbitration Procedures and Fees.

If your Country of Residence is the United States, you and Wild Koala agree that JAMS (“JAMS”) will administer the arbitration under its Streamlined Rules in effect at the time arbitration is sought (“JAMS Rules”). Those rules are available at http://www.jamsadr.com. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules; provided that the parties shall be presented with a list of five potential arbitrators and shall rank those potential arbitrators in order of preference. Each party may strike any and all potential arbitrators on the list. JAMS shall select the arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected). If no arbitrator appears on both parties' lists, JAMS shall prepare another list comprised of five additional potential arbitrators. Each party may strike up to two potential arbitrators on that second list, and JAMS shall select the arbitrator with the highest combined preference. You and Wild Koala further agree that, unless and only to the extent prohibited under JAMS Rules, the arbitration will be held in New York, New York, or, at either your or our election, will be conducted telephonically or via other remote electronic means. The JAMS Rules will govern payment of all arbitration fees. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law.
If your Country of Residence is not the United States, you and Wild Koala agree that the Center of Arbitration and Dispute Resolution (https://www.cadr.co.il/ (“CADR”) will administer the arbitration, which shall be conducted in accordance with its rules in effect at the time arbitration is sought, and in accordance with the Israeli Arbitration Law, 5728-1968, as amended. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Wild Koala further agree that the arbitration will be held in English and in Tel Aviv-Jaffa (Israel), or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The CADR rules will govern payment of all arbitration fees.
All arbitration proceedings and resulting awards conducted pursuant to Section 14 shall be confidential. Any such award may not be disclosed to third parties other than to a party's legal, accounting or financial advisors (each of whom shall be subject to that same confidentiality obligation) except (i) by either party in support of its pursuit or defense of its legal rights or obligations in another litigation or arbitration (whether involving the same or different parties), (ii) to the extent disclosed in connection with a petition or motion to confirm, enforce or recognize the award or (iii) otherwise as required or permitted by applicable law.

14.6 Appeals. You and Wild Koala agree that any award issued by an arbitrator pursuant to this Section 14 may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s election.

14.7 Mass Arbitration. To increase efficiency of resolution, in the event 25 or more similar arbitration demands against Wild Koala (including its subsidiaries or affiliates), presented by or with the assistance of the same law firm or organization or group of law firms or organizations acting together, are submitted to JAMS, the JAMS Mass Arbitration Procedures and Guidelines (“JAMS Mass Rules”) shall apply. In such event, the JAMS Process Administrator (as described in the JAMS Mass Rules) shall have the authority to implement the procedures set forth in the JAMS Mass Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. Arbitrators appointed in accordance with this Section 14.7 must be retired judges with experience arbitrating or mediating disputes. All provisions of this Section 14 that are not in conflict with the JAMS Mass Rules, including the appointment process for the arbitrators, shall continue to apply.

14.8 Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (AND EXCEPT AS EXPRESSLY PROVIDED IN SECTION 14.7), NEITHER YOU NOR WILD KOALA SHALL BE ENTITLED: TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY GROUP, CLASS, COLLECTIVE OR MASS ARBITRATION OR LITIGATION; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK RECOVERY OF LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHALLENGE TO THE VALIDITY OR ENFORCEABILTY OF THIS SECTION 14.8 SHALL BE DETERMINED EXCLUSIVELY BY THE ARBITRATOR. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS 14.6, 147, OR OF THIS SUBSECTION 14.8 IS FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE IN A PARTICULAR DISPUTE, THEN THE ENTIRETY OF THE PARTIES’ AGREEMENT TO ARBITRATE (BUT NOT THOSE LIMITATIONS AND RESTRICTIONS APPLICABLE TO LITIGATION THAT ARE SET OUT IN SECTIONS 14.2 AND 14.8) MAY BE DEEMED VOID AND AS HAVING NO EFFECT FOR PURPOSES OF THAT DISPUTE, UPON EITHER PARTY'S ELECTION.

14.9 Exceptions to Agreement to Arbitrate. Notwithstanding the other provisions of this Section 14, either you or Wild Koala may bring an action in a court of competent jurisdiction in Tel Aviv-Jaffa, Israel (if relief is sought against Wild Koala) or in a court of competent jurisdiction in the city, county or closest equivalent geographic area associated with your account registration (if relief is sought against you), for temporary injunctive relief but only to the extent necessary to prevent irreparable harm and only until an arbitrator has been empaneled and can determine whether to continue, terminate or modify such relief. The party seeking the injunctive relief shall bear the burden of demonstrating that the alleged harm is irreparable and that timely recourse to an arbitrator is not possible. Additionally:

If your Country of Residence is the United Kingdom, Switzerland or in the European Economic Area, notwithstanding your and Wild Koala’s agreement to arbitrate Disputes, either you or Wild Koala also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence.
If your Country of Residence is not the United States, the United Kingdom, Switzerland or in the European Economic Area, notwithstanding your and Wild Koala’s agreement to arbitrate Disputes, either you or Wild Koala may also assert claims, if they qualify, through the Small Claims Court in Tel Aviv-Jaffa, Israel, or if a court in your Country of Residence would not recognize such a requirement (notwithstanding the provisions of this Section 14), then in a small claims court or the equivalent in your Country of Residence.

15. Limitations Period

You must initiate any Dispute within the earlier of (i) one year of becoming aware, or (ii) one year of when you reasonably should have become aware, of the basis for such Dispute.

16. Survival and Severability

You may terminate your Account at any time and for any reason by sending us a support request at legal@bingobillions.com or following the instructions provided on the Website. Upon termination of your Account, you must immediately discontinue use of your Account and all other Services. Any and all terms and conditions within the Terms that should, by their nature, survive termination of the Terms, will survive such termination. If any portion of these Terms is found to be unenforceable or unlawful for any reason, that provision will be severed from these Terms without impacting the validity of the remainder of these Terms.

17. Assignment of Rights

You may not transfer, assign, sub-license, or pledge in any manner whatsoever your Account or any of your rights or obligations under the Terms. Wild Koala may freely transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under the Terms or any part thereof, without notifying you or receiving your consent.

18. Notification Procedures

Wild Koala may provide notifications, whether such notifications are required by law, the Terms, or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice or through posting of such notice on the Website. All notices given by you or required from you under the Terms shall be in writing and emailed to: legal@bingobillions.com, except notice of claims of copyright or other intellectual property infringement, which may be submitted by mail or email according to Section 12.3. Any notices that you provide without compliance with this section on notices shall have no legal effect.

18. Notification Procedures

19. Contact Us

If you have any questions about the Terms or the Website in general, please contact us at support@bingobillions.com. Subject to the content of your inquiry, Wild Koala may request that you provide additional information in order to allow the appropriate handling of your inquiry.