Skillz Pass

1. INTRODUCTION AND SCOPE

1.1  These Skillz Pass Subscription Terms and Conditions (“Subscription Terms”) govern your purchase, use, and cancellation of Skillz Pass, a prepaid, auto-renewing subscription membership offered by Skillz Platform Inc. (“Skillz,” “we,” “us,” or “our”) to eligible users (“you” or “your”).

1.2  These Subscription Terms supplement, and are incorporated into, the Skillz Terms of Service (available at www.skillz.com/legal/), the Skillz Privacy Policy (available at www.skillz.com/privacy-policy), and any applicable game rules or contest-specific rules (collectively, the “General Terms”). You should read these Subscription Terms together with the General Terms.

1.3  In the event of any conflict between these Subscription Terms and the General Terms, these Subscription Terms will control solely with respect to Skillz Pass matters. For all other matters, the General Terms continue to apply.

1.4  By purchasing, activating, or using Skillz Pass, you acknowledge that you have read, understood, and agree to be bound by these Subscription Terms.

2. DEFINITIONS

As used in these Subscription Terms, the following capitalized terms have the meanings set forth below:

(a)    “Benefits”: the benefits included with a Tier, which may include daily free entries, Billing Cycle “Anytime” entries, tournament access, and, for eligible Elite members, a physical mailer, in each case subject to the applicable eligibility requirements, Entry-Fee Caps, allotments, and other limitations shown in the offer.

(b)    “Billing Cycle”: the recurring subscription period of thirty (30) calendar days, unless a different duration is displayed at checkout.

(c)    “Entry-Fee Cap”: the maximum entry fee eligible to be covered by a Benefit, as shown in the applicable Tier description.

(d)    “Grace Period”: the period following a failed renewal charge during which Skillz may retry payment, as described in Section 9.

(e)    “Payment Method”: the credit card, debit card, or PayPal account on file for the subscription.

(f)    “Renewal Date”: the date on which the next Billing Cycle charge is scheduled to post.

(g)    “Skillz Pass” or “Pass”: the prepaid, auto-renewing membership subscription governed by these Subscription Terms.

(h)    “Tier”: a Skillz Pass plan level (e.g., Plus, Ultra, or Elite) with its own pricing, Benefits, Entry-Fee Caps, and allotments as shown at checkout.

3. ELIGIBILITY AND RESTRICTIONS

3.1  General Eligibility. To subscribe to and use Skillz Pass, you must: (a) hold a Skillz account in good standing; (b) satisfy all age, identity, geolocation, game, device, software-version, and other eligibility requirements for real-money paid play and the applicable Skillz Pass offer; (c) be physically located in a supported jurisdiction within the United States when purchasing Skillz Pass and redeeming Benefits; and (d) comply with the Skillz Terms of Service and all applicable rules. Benefits may be unavailable while you are located in an unsupported jurisdiction or using an ineligible game, device, or software version, and Skillz may pause, credit, or otherwise address unavailable Benefits as disclosed in the product experience or as required by law.

3.2  Personal and Non-Transferable. Skillz Pass is personal to your account and may not be transferred, shared, or assigned to any other person or account.

3.3  Loyalty Tier and Plan Eligibility. The Tiers and pricing offered to you may be based on your Skillz loyalty tier and other eligibility criteria at the time of purchase. Your purchased Tier will not automatically change if your loyalty tier later changes.

3.4  Account Merge Restriction. You may not merge accounts while an active Skillz Pass exists on either account.

3.5  Denial, Suspension, and Cancellation. Skillz may deny, suspend, or cancel your Skillz Pass at any time if Skillz determines, in its reasonable discretion, that you have engaged in fraud, abuse, chargebacks, misuse, operation of duplicate accounts, or any violation of the Skillz Terms of Service.

4. SUBSCRIPTION TIERS, BENEFITS, AND LIMITATIONS

4.1  Skillz Pass may be offered in multiple Tiers, including Plus, Ultra, and Elite. The specific Tiers, pricing, Benefits, eligible games and templates, Entry-Fee Caps, daily limits, Billing Cycle limits, tournament-access levels, and physical-mailer availability applicable to you are configuration-based and will be displayed in the offer and in-app interface at the time of purchase. Skillz Pass may be limited to the specific game identified in the offer, and Benefits purchased for one game may not be used in another game unless Skillz expressly provides otherwise.

4.2  Benefits in the current release may include: (a) one or more eligible games each day at or below the applicable Entry-Fee Cap at no additional charge, up to the daily allotment shown in the offer; (b) a Billing Cycle allotment of prepaid “Anytime” entries usable during the Billing Cycle; (c) access to specified tournament or entry-fee levels; and (d) for eligible Elite members, an Elite Collectible under Section 4.5. To receive a physical mailer, you must provide and maintain a valid United States shipping address. Mailer availability, cadence, items, and delivery timing may vary, and Skillz may substitute an item of comparable value. Virtual cosmetics, avatars, name changes, and badges are not included with Skillz Pass in the current release.

4.3  Daily Benefits reset at the daily reset time shown in the product experience and are use-it-or-lose-it. “Anytime” entries refill at the start of each Billing Cycle. Unless otherwise shown in the product experience, eligible entries use available daily Benefits first and then available “Anytime” entries. Unused daily Benefits and “Anytime” entries expire at the end of the applicable daily period or Billing Cycle, do not roll over, are non-transferable, and have no cash value, except as otherwise required by law.

4.4  Benefits depend on the availability of eligible games and templates and on actual usage. If you use a Benefit for a game with an entry fee below the applicable Entry-Fee Cap, the unused difference is not credited, refunded, transferred, or paid out. Any value claims presented in the offer or in-app interface are estimates or maximums based on full use of all Benefits during a Billing Cycle and may differ from the value you actually realize. Skillz does not guarantee winnings or that you will use or obtain the full advertised value of any Tier.

4.5  Elite Collectible.

(a) Benefit. An eligible Elite member may receive one Skillz-branded physical collectible (the “Elite Collectible”). The Elite Collectible is included with the member’s first successful purchase of an Elite subscription.

(b) Eligibility. The Elite Collectible is limited to one per member and Skillz account during the member’s lifetime. Cancellation, restoration, renewal, or resubscription does not create eligibility for another Elite Collectible.

(c) Geographic and Address Requirements. This Benefit is available only to eligible members located in a supported United States jurisdiction. The member must provide a valid United States street address. Skillz does not ship Elite Collectibles to P.O. boxes, APO/FPO addresses, non-United States addresses, or unsupported jurisdictions.

(d) Continued Eligibility. The member’s Elite subscription must remain active when Skillz places the fulfillment order. Skillz will not fulfill an Elite Collectible if the qualifying purchase was refunded, reversed, or charged back before order placement. Cancellation after order placement will not affect an order already submitted for fulfillment.

(e) Address Confirmation. Skillz or its fulfillment representative may contact the member by email or telephone to request or confirm a shipping address. Skillz will never request an account password, payment information, or verification code for this purpose. If the member does not provide a valid address within ninety (90) days after Skillz’s first request, the Benefit expires.

(f) Item Selection and Substitution. Skillz will select the Elite Collectible offered to each eligible member. Images and descriptions are illustrative. If the selected item becomes unavailable, Skillz may substitute another item of equal or greater value. The Elite Collectible has no cash value and may not be transferred, exchanged, redeemed for cash, or credited against subscription fees.

(g) Shipping and Delivery. Delivery dates are estimates and are not guaranteed. Members should generally allow four (4) to six (6) weeks after address confirmation. Skillz is not responsible for delays caused by carriers, incorrect addresses, or events beyond its reasonable control. Skillz may provide one replacement for an item lost or damaged in transit, subject to verification and availability.

(h) Fulfillment Information. Skillz may use and disclose the member’s name, contact information, shipping address, and order details to service providers assisting with fulfillment. Skillz will handle this information under the Skillz Privacy Policy.

(i) Fraud and Abuse. Skillz may deny or cancel this Benefit for fraud, duplicate accounts, misrepresentation, chargebacks, or other abuse. Skillz’s records will control eligibility and fulfillment determinations, except where applicable law requires otherwise.

5. PURCHASE AND PLAN SELECTION

5.1  Direct Purchase. Skillz Pass does not include a free trial in the current release. Your Payment Method will be charged the applicable Tier price when you confirm your purchase.

5.2  Plan Selection. Your Skillz loyalty tier and other eligibility criteria determine which Tiers and pricing are offered to you at purchase. Skillz may recommend a Tier, but you must affirmatively select and purchase your Tier.

5.3  Fixed Plan. Your purchased Tier and renewal price remain fixed unless you affirmatively accept a plan or price change, even if your Skillz loyalty tier later changes.

5.4  Plan Changes. Skillz may make upgrade or other plan-change options available in the future. Any plan change requires your affirmative acceptance, and any price increase requires your authorization before Skillz charges the increased amount.

5.5  Activation. Your Skillz Pass and Benefits become active after successful payment and may be used immediately, subject to eligibility, geolocation, game availability, and the limits applicable to your Tier.

6. PRICING, PAYMENT, AND TAXES

6.1  Subscription Pricing. The price for each Tier of Skillz Pass is displayed in the offer screen at the time of purchase and may vary based on your Skillz loyalty tier and other eligibility criteria. The Billing Cycle is thirty (30) days unless a different duration is shown at checkout.

6.2  Payment Method. Payment is processed through Braintree or another payment processor designated by Skillz using a credit card, debit card, or PayPal account. The Skillz gameplay wallet may not be used to purchase Skillz Pass.

6.3  Payment Authorization and Card Storage. By subscribing, you authorize Skillz and its payment processor to (a) store your Payment Method on file for Skillz Pass transactions, and (b) charge your Payment Method for each Billing Cycle until you cancel. You may update your Payment Method at any time through the in-app settings.

6.4  Verification Authorization. Skillz may place a nominal authorization on your Payment Method solely to verify its validity. This authorization is not a charge and will automatically void or reverse.

6.5  Taxes. You are responsible for all applicable taxes, fees, or governmental charges arising from your subscription. Skillz will collect and remit taxes where required by law.

7. RECURRING BILLING AND RENEWAL

7.1  Skillz Pass is an auto-renewing subscription. Unless you cancel before your Renewal Date, your subscription will automatically renew for successive Billing Cycles at the then-current price you authorized.

7.2  You authorize Skillz (or its payment processor) to charge your Payment Method on file for the applicable subscription fee at each renewal. Renewal charges post at the standard renewal time displayed in the product experience on the Renewal Date.

7.3  This recurring billing authorization remains in effect until you cancel your subscription or your Skillz Pass is otherwise terminated in accordance with these Subscription Terms.

7.4  You may update your Payment Method at any time through the in-app settings. If your Payment Method changes (for example, due to card reissuance by your bank), you are responsible for keeping your payment information current.

8. CANCELLATION AND RESTORATION

8.1  Cancellation. You may cancel Skillz Pass at any time through My Pass > Manage Subscription > Cancel Subscription within the app, or through any other cancellation method Skillz makes available. Cancellation turns off automatic renewal and takes effect at the end of your current paid Billing Cycle. Upon cancellation: (a) no further charges will be applied to your Payment Method; (b) your Benefits remain available on a use-it-or-lose-it basis through the end of the current Billing Cycle, unless otherwise disclosed or required by law; (c) unused Benefits expire at the end of the Billing Cycle and are not refundable, transferable, or carried over; and (d) you will not be charged again unless you restore or resubscribe.

8.2  Restoration. If you cancel during an active paid Billing Cycle, you may be able to restore your Skillz Pass before the Renewal Date by selecting the restore option in the app. By selecting Restore Pass, you reauthorize Skillz to resume automatic renewal and to charge your Payment Method on file beginning on the next Renewal Date in accordance with these Subscription Terms.

9. PAYMENT FAILURE AND GRACE PERIOD

9.1  If a renewal charge fails on the Renewal Date, Skillz may continue to retry the Payment Method on file during a grace period of three (3) days (or such other duration as disclosed in the product experience) (the “Grace Period”). Benefits will remain active at their normal quotas during the Grace Period while retries are in progress.

9.2  During the Grace Period, you may update your Payment Method through the in-app account or payment settings. Updating your Payment Method may trigger an immediate retry of the failed renewal charge. You should update your payment information promptly to avoid interruption of Benefits.

9.3  If all retry attempts fail by the end of the Grace Period, the Skillz Pass will expire and all Benefits will stop immediately. Any unused Benefits will expire without refund, rollover, transfer, or cash value, except as otherwise required by law. No further charges will be attempted unless you resubscribe.

10. REFUNDS

10.1  Subscription fees are generally non-refundable once charged, including if you cancel during a Billing Cycle or do not use all Benefits, except where required by applicable law or approved by Skillz in its sole discretion. If you believe you made an accidental or duplicate purchase, contact Skillz support promptly after the charge. Skillz may provide an account credit, Bonus Cash, a refund to the original Payment Method, or another appropriate remedy, as determined by Skillz and permitted by law.

10.2  If Skillz determines that a duplicate charge resulted from a billing or system error, Skillz will refund the duplicate charge. Nothing in this Section 10 limits or waives any refund rights, remedies, or protections afforded to you under applicable law.

11. CHANGES TO PRICING, BENEFITS, AND TERMS

11.1  Price and Material Changes. Skillz may change the renewal price or other material terms of Skillz Pass. Skillz will provide advance notice of any such change before it takes effect, including at least seven (7) days’ advance notice of a renewal price increase or any longer period required by law. You must affirmatively authorize the new price before being charged at the updated amount. If you do not authorize the change, Skillz may cancel the subscription or allow it to expire at the end of the then-current Billing Cycle.

11.2  Benefit Changes. Skillz may prospectively modify eligible games, templates, Entry-Fee Caps, daily or Billing Cycle Benefit limits, tournament-access levels, physical-mailer availability, and other Benefit mechanics. Such changes will not reduce or revoke Benefits already accrued during the current Billing Cycle except where necessary to address fraud, abuse, legal or regulatory requirements, safety or security concerns, or technical necessity.

12. TERMINATION AND DISCONTINUATION

12.1  Termination by Skillz. Skillz may suspend or terminate your Skillz Pass, or discontinue the Skillz Pass program entirely, at any time for any reason, including fraud, abuse, violation of the Skillz Terms of Service, or a business decision to end the program.

12.2  Effect of Discontinuation. If Skillz discontinues Skillz Pass, Skillz will honor your current paid Billing Cycle through its expiration or provide an appropriate remedy as determined by Skillz or as required by applicable law. No further renewal charges will post after the effective date of discontinuation.

12.3  Effect of Termination for Cause. If Skillz terminates your Skillz Pass for fraud, abuse, chargebacks, or violation of the Skillz Terms of Service, Benefits may cease immediately and no refund or remedy is owed except where required by applicable law.

13. COMMUNICATIONS

13.1  Transactional Communications. By subscribing to Skillz Pass, you agree to receive transactional communications from Skillz related to your subscription, including purchase confirmations, Renewal Date and upcoming-charge notices, Benefit-usage reminders, payment failures and Grace Period retries, cancellation confirmations, pass expiration, and material changes to these Subscription Terms. These communications may be delivered by email, push notification, in-app message, SMS, or other channels associated with your Skillz account.

13.2  Promotional Communications. Promotional or marketing communications related to Skillz Pass or other Skillz products are subject to applicable opt-in and opt-out requirements. You may manage your promotional communication preferences through your Skillz account settings or as otherwise provided by Skillz.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1  Incorporation of Skillz Terms of Service. The dispute resolution, arbitration, and governing law provisions set forth in the Skillz Terms of Service are incorporated by reference into these Subscription Terms and apply in full to any dispute, claim, or controversy arising from or related to Skillz Pass, these Subscription Terms, or any Benefits provided hereunder.

14.2  Scope. For purposes of the dispute resolution and arbitration provisions of the Skillz Terms of Service, references to the Skillz Terms of Service or the services provided thereunder shall be deemed to include these Subscription Terms and the Skillz Pass subscription.

14.3  Conflict. If any provision of these Subscription Terms conflicts with the dispute resolution or governing law provisions of the Skillz Terms of Service, the Skillz Terms of Service shall control with respect to dispute resolution and governing law matters.