Terms of Service

1. Acceptance of the Terms and legal capacity

These Terms constitute a legally binding agreement between you (the "User") and Nexduel.

By creating an account, accessing or using any feature of the Platform, you declare that you have read, understood and accepted these Terms, as well as the Privacy Policy, which forms an integral part of this agreement.

You declare and warrant that you have full legal capacity to be bound by these Terms. If you use the Platform on behalf of a third party, you declare that you have sufficient authorization to bind them; nevertheless, the Platform is designed for natural persons acting on their own behalf.

If you do not understand any provision of these Terms, you must refrain from using the Platform until you have clarified your doubts via [email protected].

2. Description of the service

Nexduel is an online competition platform that allows two Users to face each other in 1-vs-1 duels (each, a "Duel") in classic games of mental strategy, each committing an equivalent amount in USDT (the "Stake").

Skill-based nature. All Duels available on the Platform are based strictly and exclusively on the Users' skill. The outcome of each Duel is determined entirely by the players' decisions. The Platform does not contain dice, random cards, draws, roulettes, slot machines or any other element of chance or randomness. Nexduel is not a casino or a house of games of fortune, and does not offer games of chance of any kind.

Available games. As of the date hereof, the available Duels are: Tic Tac Toe, Connect 4, Othello (Reversi), English Draughts and Gomoku. Nexduel may add, modify or withdraw games at its discretion, notifying the change through the Platform.

USDT. The term "USDT" refers to the stablecoin whose value is pegged to the United States dollar. The User acknowledges that the value of USDT may fluctuate and that Nexduel does not issue, back or guarantee the stability of such cryptocurrency.

The Platform is offered "as is" and "as available". Nexduel may update, temporarily suspend or discontinue features for maintenance, improvement or security reasons.

Free mode. In addition to USDT Duels, the Platform offers a free mode in which Duels do not commit any Stake and do not generate any monetary Prize. Such Duels are governed by these Terms to the extent applicable, with the exception of the economic provisions (Stake, Pool, Commission, Prize and withdrawals), which do not apply to the free mode.

3. Eligibility

Minimum age. To use the Platform you must be at least 18 years old, or the legal age of majority in your jurisdiction of residence, whichever is greater. The Platform is not directed to minors and does not allow their registration under any circumstances.

Legal residence. You may use the Platform only if your use is lawful under the laws of your jurisdiction of residence and from the place from which you access. It is your responsibility to know and comply with applicable local laws.

Worldwide availability. Nexduel operates worldwide and does not apply access restrictions based on country of residence. However, the Platform is not available, and its use is prohibited, to persons located or resident in countries or territories subject to comprehensive international sanctions, in particular those administered by the Office of Foreign Assets Control of the United States Department of the Treasury (OFAC), nor to persons or entities included on sanctions lists.

Local compliance. You are responsible for ensuring that your access to and use of the Platform are lawful under the laws of your jurisdiction of residence. Nexduel reserves the right to restrict access from certain jurisdictions where a legal or regulatory change so requires; any restriction in force will be reflected in these Terms.

Circumvention of sanctions controls. It is prohibited to access the Platform, or attempt to do so, by falsifying your location or identity in order to circumvent the sanctions restrictions described in this Section, whether by means of virtual private networks (VPN), proxy servers or any other means. Such conduct constitutes a serious breach of these Terms and entitles Nexduel to suspend or close your account pursuant to Section 9.

Verification. Nexduel may use geolocation data and the identity verification process described in Section 6 to confirm compliance with the eligibility requirements and the applicable sanctions restrictions.

4. Account registration, authentication and credential security

To participate in Duels you must create an account by providing a username and a valid email address, and setting a password.

You undertake to provide truthful, accurate and up-to-date information, and to keep it updated. Nexduel may suspend or close accounts containing false, misleading or impersonated information.

One account per person. Each User may maintain only one account. Creating multiple accounts by the same person is prohibited pursuant to Section 8.

Responsibility over credentials. You are solely responsible for the confidentiality of your password and for all activity carried out from your account. You must immediately notify [email protected] of any unauthorized use or suspicion of compromise of your account.

Two-factor authentication (2FA). Two-factor authentication is available for all accounts and is mandatory to request withdrawals and to add new addresses to your withdrawal whitelist. For all other operations, keeping it active permanently is recommended as an additional protection of the account and funds.

Nexduel stores passwords exclusively in encrypted form using robust hash functions (Argon2id) and will never ask you for your password or private keys by email, chat or any other means.

5. Economic system: deposits, stakes, fees, payouts and withdrawals

Deposits. You can credit your account with USDT through the payment processor NOWPayments, via the supported blockchain networks (TRC20, BEP20 and ERC20). The available balance is reflected in your account once the transaction is confirmed on the relevant network.

Stakes and amount matching. To start a Duel, both Users commit an equivalent Stake. The minimum Stake is 0.50 USDT. Amount matching is performed within the range defined by the Platform and shown in its interface; the Duel is played for the Stake committed by both parties pursuant to that range.

Pool and fee. The aggregate of the Stakes committed by both Users constitutes the "Pool". On the Pool, Nexduel applies a single platform fee of two percent (2%) (the "Fee").

Settlement and prize. At the end of the Duel (the "Settlement"), the winning User receives the total Pool less the Fee, which is deducted from the winner's prize at the time of Settlement. The resulting amount (the "Prize") is credited to the winner's balance.

Draw. If the Duel ends in a draw, each User recovers their Stake in full and no Fee is applied.

Withdrawals. You may request the withdrawal of your USDT balance to a wallet address compatible with the supported networks. Withdrawals are processed through NOWPayments and are subject to the identity verification and operational controls described in Section 6.

Network fees. All blockchain network fees ("network fees" or "gas") associated with deposits and withdrawals are borne entirely by the User and never by Nexduel. Such fees may vary depending on the conditions of each network and will be deducted or passed through as applicable at the time of the transaction.

Pro plan. Nexduel offers an optional subscription plan ("Pro Plan") for 9.99 USDT per month, which grants: (i) a zero percent (0%) fee per Duel; and (ii) a "PRO" badge next to the username. The Pro Plan does not include an annual modality or in-game advantages. The subscription renews monthly automatically until cancellation. You may cancel at any time; cancellation takes effect at the end of the already-paid period, without proportional refund for partial periods, unless applicable law provides otherwise.

Tic Tac Toe as casual format. The Tic Tac Toe game is maintained as the Platform's casual format: Stakes, Pool, Fee and Prize apply normally, but the User's Glicko-2 rating is not modified by Tic Tac Toe Duels. The other games do affect the rating.

No financial advice. Nexduel does not provide financial, tax or investment advice. You are responsible for the tax obligations arising from your use of the Platform in your jurisdiction.

Currency and format. All amounts are expressed in USDT, with a dot as the decimal separator, in international format.

Tournaments. The Platform may offer tournaments with an entry fee and prizes distributed among the winning positions. Each tournament is governed by its specific rules (entry, format, schedule and prize distribution) shown on the Platform, in addition to these Terms; in the event of a discrepancy between a tournament's rules and these Terms with respect to that tournament, the tournament's rules will prevail.

6. Identity verification (KYC) and operational withdrawal controls

When KYC applies. For any withdrawal request, regardless of the amount, the following are mandatory conditions: (i) approved identity verification (KYC); (ii) two-factor authentication (2FA) enabled on your account and used in the request; and (iii) the destination USDT address must be previously included in your withdrawal whitelist, subject to a 24-hour quarantine period after its inclusion, plus 2FA confirmation when adding it.

Provider. The KYC process is performed by the specialized provider Sumsub. The identity data you provide for KYC is processed by Sumsub under its own security procedures; Nexduel does not directly store the identity documents or biometric data of the verification process, but only receives the result of the verification and the data strictly necessary for its legal obligations.

Purpose. The purpose of KYC is to prevent fraud, money laundering and the financing of illicit activities, and to comply with applicable legal obligations.

Consequences of not completing it. If KYC is not satisfactorily completed, you will not be able to request withdrawals. The verification is retained once approved, so the process is performed only once per User, without prejudice to ad hoc reviews if the information changes or if the Platform detects risks.

Additional operational controls on withdrawals. In order to protect funds and the integrity of the Platform, security limits and reviews apply: (i) withdrawals whose gross amount is equal to or greater than 500 USDT enter manual review status and the team approves or rejects them, typically within the following 24 business hours; (ii) the cumulative withdrawal limit per User is 1,000 USDT per 24 hours; (iii) the Platform additionally applies its own aggregate daily limit as a security mechanism against anomalous events. These parameters may be adjusted at any time and the version in force will apply in each case.

7. Game rules: rounds, time, results, draws, abandonment, disconnection and surrender

Course of the Duel. Each Duel is governed by the standard rules of the corresponding game and by the parameters (turns, times and victory conditions) shown in each game's interface within the Platform.

Clock and time. Each move is subject to the time limits indicated in the interface. Failure to comply with such limits may result in the loss of the turn or the Duel, according to the rules shown.

Move confirmation. In certain games, the Platform may require confirmation of the move (for example, by double-tap) before making it effective. The confirmed move is final.

Result. The result of each Duel is determined by the rules of the game and recorded by the Platform. The Platform's record (including the audit log described in Section 10) constitutes the authoritative source of the result.

Draw. In case of a draw, the provisions of Section 5 apply: full return of the Stakes, with no Fee.

Abandonment and surrender. The User who voluntarily abandons an ongoing Duel, or who surrenders, will be deemed the loser of that Duel for Settlement purposes.

Disconnection. If a User disconnects during a Duel, their clock keeps running and the Duel will be resolved according to the clock and the state of the game; they may reconnect at any time while their clock has not run out. Nexduel is not responsible for disconnections attributable to the User's own connection, device or environment.

Integrity of the Duel. Moves, times and results are recorded to guarantee competitive integrity and allow dispute review.

8. Prohibited conduct

The following is strictly prohibited and constitutes a serious breach of these Terms:

External assistance. Using bots, analysis engines, artificial intelligence assistants or any other program, device or external aid that suggests, calculates or executes moves during a Duel.

Multiple accounts (multi-accounting). Creating or controlling more than one account in order to circumvent matchmaking, manipulate rankings, obtain undue advantages or exploit the system.

Collusion. Pre-agreeing with another User the course or result of one or more Duels, or coordinating accounts to influence results, rankings or Prizes.

Technical manipulation. Interfering with the moves, the clock, the opponent's connection or any technical component of the Platform; exploiting bugs or vulnerabilities; or attempting to alter the normal operation of the service.

Money laundering and illicit activity. Using the Platform for money laundering, the financing of illicit activities, fraud or any other purpose contrary to law.

Impersonation and abuse. Impersonating third parties, harassing other Users, or using abusive language or conduct in the Platform's communication channels.

Circumvention of restrictions. Circumventing the age, sanctions or security restrictions established in these Terms.

Any other conduct that undermines the competitive integrity of the Platform or applicable laws.

9. Anti-cheating and consequences

Detection. Nexduel uses automated systems and manual review to detect prohibited conduct, including the use of external assistance, collusion, multi-accounting and technical manipulation.

Measures. In the event of indications or confirmation of prohibited conduct, Nexduel may, in a proportionate manner and according to severity: issue warnings; restrict features; temporarily suspend the account; permanently close the account (ban); and/or report to the competent authorities when the law so requires.

Confiscation of illicit gains. Nexduel may withhold or reverse the Prizes and gains obtained through prohibited conduct, and adjust the affected rankings. This measure is limited to gains attributable to the wrongful conduct; the User's legitimate balance, not derived from the breach, will be treated in accordance with the law and these Terms.

Due process. Where reasonably possible, Nexduel will inform the User of the measure adopted and give them an opportunity to file a defense, without prejudice to the power to act immediately when there is a risk to security, third-party funds or the integrity of the Platform.

10. Disputes and conflict resolution in Duels

Review. If you consider that a result is incorrect or that wrongful conduct has occurred in a Duel, you may request its review via [email protected], indicating your username and the Duel details.

Audit log. The Platform retains a record of the moves, times and events of each Duel. Such record constitutes the main evidence for dispute resolution.

Decision. The Nexduel team will review the dispute based on the audit log and the available information, and will communicate its decision. Decisions taken in good faith on the basis of such record will be final at the Platform level, without prejudice to the User's rights pursuant to Section 17.

11. Intellectual property

The "Nexduel" brand, its logo, the design of the Platform, the software, the code, the texts, the graphic elements and other content created by Nexduel are the property of Nexduel or its licensors and are protected by applicable intellectual property laws.

Nexduel grants you a limited, personal, revocable, non-exclusive and non-transferable license to access and use the Platform for personal purposes and in accordance with these Terms.

You may not copy, modify, distribute, decompile, reverse-engineer, or commercially exploit any element of the Platform without Nexduel's prior written authorization, except to the extent permitted by mandatory law.

The names of public-domain classic games are used solely descriptively and do not imply ownership of third-party trademarks.

12. Limitation of liability

The Platform is provided "as is" and "as available". To the maximum extent permitted by applicable law, Nexduel does not warrant that the service will be uninterrupted, error-free or fully secure.

To the extent permitted by law, Nexduel will not be liable for indirect, incidental, special, consequential or punitive damages, nor for lost profits, loss of data or loss of opportunities, arising from the use or inability to use the Platform.

Nexduel is not responsible for: (i) value fluctuations of USDT or other cryptocurrencies; (ii) delays, failures or costs attributable to blockchain networks or payment providers; (iii) losses arising from unauthorized access to your account when this is attributable to your lack of diligence in safeguarding your credentials; or (iv) the User's own gameplay decisions.

To the extent permitted by law, Nexduel's total aggregate liability to a User for any claim related to the Platform shall be limited to the greater of: (a) the total Fees actually paid by such User to Nexduel in the three (3) months prior to the event giving rise to the claim; or (b) the legitimate balance of the affected User.

Nothing in these Terms excludes or limits liabilities that cannot be excluded or limited under mandatory law, including, where applicable, non-waivable consumer rights.

13. Indemnification by the User

You undertake to hold harmless and defend Nexduel, its officers, employees and collaborators against any claim, damage, loss, liability, cost or expense (including reasonable attorneys' fees) arising from: (i) your breach of these Terms; (ii) your improper or unlawful use of the Platform; (iii) the violation of third-party rights; or (iv) your infringement of applicable laws.

Nexduel reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you will reasonably cooperate with such defense.

14. Amendments to the Terms

Nexduel may amend these Terms to reflect legal, regulatory, technical or business changes.

Amendments will be published on the Platform with their date of update. When the changes are substantial, Nexduel will notify them by a reasonable means (for example, email or notice on the Platform) before they enter into force.

Continued use of the Platform after the entry into force of the changes implies your acceptance of the modified Terms. If you do not agree, you must stop using the Platform and, where applicable, request the closure of your account and the withdrawal of your legitimate balance.

15. Account suspension and termination

By the User. You may close your account at any time by requesting it at [email protected], after withdrawing your legitimate balance and complying with applicable verifications.

By Nexduel. Nexduel may suspend or close your account, proportionately to the severity of the case, if: (i) you breach these Terms; (ii) you engage in prohibited conduct under Section 8; (iii) your use entails a legal, security or reputational risk; or (iv) it is required by law or a competent authority.

Effects. Upon termination, your access right will cease. The legitimate balance unaffected by breaches will be made available to you in accordance with the law and these Terms, subject to applicable verifications. Provisions which by their nature must survive will survive termination (including Sections 11, 12, 13, 16 and 17).

16. Applicable law and jurisdiction

These Terms are governed by the laws of the Republic of Panama, without prejudice to mandatory consumer protection rules applicable in the User's jurisdiction of residence that cannot be excluded by agreement.

Except as provided in Section 17, the competent courts of the Republic of Panama shall hear any controversy not submitted to arbitration, without prejudice to the consumer User's right to resort, where mandatory law permits, to the courts of their domicile.

17. Dispute resolution

Prior amicable resolution. Before initiating any formal proceeding, the parties will seek in good faith to resolve the controversy through [email protected] for a reasonable period (indicatively, thirty days).

Arbitration. Any controversy not amicably resolved shall be submitted to institutional and binding arbitration, administered according to the rules of an arbitration center recognized in the Republic of Panama, with seat in Panama City and in the Spanish language, unless otherwise agreed.

Exceptions. The foregoing does not prevent either party from resorting to the courts to request urgent precautionary measures, nor does it limit the consumer User's non-waivable rights to resort to the instances provided by the mandatory law of their jurisdiction.

Unless mandatory law provides otherwise, controversies shall be resolved individually and not by class actions.

18. Force majeure

Nexduel will not be liable for non-compliance or delay in its obligations when this is due to causes beyond its reasonable control, including, without limitation: widespread failures of the internet or blockchain networks; interruptions of infrastructure or payment providers; cyberattacks; regulatory changes; natural disasters; conflicts; or acts of authority.

During the force majeure situation, the affected obligations will be suspended, and Nexduel will adopt reasonable measures to mitigate its effects and restore the service.

19. Miscellaneous provisions

Severability. If any provision of these Terms is deemed invalid or unenforceable, the rest will retain full force, and the affected provision will be interpreted in the manner that best reflects its original intent within the limits of the law.

No waiver. Nexduel's failure to exercise a right does not constitute a waiver of such right.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between the User and Nexduel regarding the Platform, and replace any prior agreement or understanding on the matter.

Assignment. You may not assign your rights or obligations under these Terms without Nexduel's prior consent. Nexduel may assign this agreement, for example in the context of a corporate reorganization, merger or transfer of assets, maintaining your substantive rights.

Language. The original and reference language of these Terms is Spanish. Versions in other languages are offered for your convenience; in case of discrepancy, the Spanish version will prevail, unless the mandatory law of your jurisdiction provides otherwise.

Notices. Notices to Nexduel will be sent to [email protected]. Notices to Users will be made through the registered email or notices on the Platform.

20. Contact information

For any inquiry related to these Terms, you may write to us at [email protected]. See also the Contact Page of the Platform.