
Related legal documents: All users of our website and Services are bound by our Terms of Service and Related Legals
Last Updated: 2025.11.05
Exponential Corp. (“Exponential Corp.”, “we”, “us”, “our”) provides interactive skill-based games. Exponential Corp. respects and values your privacy. This Privacy Notice (“Privacy Notice”) is designed to help the individuals engaging with us from the United States and elsewhere understand how we collect, use, process, and share your personal information, and to inform of you of how to exercise your privacy rights.
Disclosure Regarding the California Consumer Privacy Act (Notice at Collection). For information on our processing of personal information that is subject to the California Consumer Privacy Act and California Privacy Rights Act of 2020 (“CCPA/CPRA”), please see Annex A – Supplemental CCPA/CPRA Privacy Notice.
Scope. This Privacy Notice applies to personal information processed by us, including on our websites, games, applications (including, but not limited to Rock Paper Scissors FU and TallyUP)) and all other online or offline products, services, and offerings we may provide in the future. To make this Privacy Policy easier to read, our websites, mobile applications, games, and other offerings are collectively called the “Services.”
1. UPDATES TO THIS PRIVACY NOTICE
2. PERSONAL INFORMATION WE COLLECT
3. HOW WE USE PERSONAL INFORMATION
4. HOW WE DISCLOSE PERSONAL INFORMATION
5. YOUR PRIVACY CHOICES AND RIGHTS
6. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
7. RETENTION OF PERSONAL INFORMATION
8. CHILDREN’S INFORMATION
9. OTHER PROVISIONS
10. CONTACT US
ANNEX A – SUPPLEMENTAL CCPA/CPRA PRIVACY NOTICE
We may update this Privacy Notice from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Privacy Notice on our website, and/or we may also send other communications. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use our Services after the new Privacy Notice takes effect.
We collect personal information that you provide to us, personal information we collect automatically when you use the Services, and personal information from third-party sources, as described below.
We may collect personal information that you provide to us.
We may collect personal information automatically when you use the Services.
Our uses of these Technologies fall into the following general categories:
See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies.
Third-Party Websites, Applications, or Platforms. To access some of our Services, you may have the option to link an account on a third-party website, application, or platform, such as Google, Facebook, and Apple (“Third-Party Platforms”) with the Services. Third-Party Platforms are not controlled by us, and their collection and usage of personal data is subject to their respective privacy policies. We may obtain additional information about you from the Third-Party Platforms, depending on your privacy settings.
Referrals and Sharing Features. Our Services may offer various tools and functionalities that allow you to provide personal information about your friends through our referral service. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information with people with whom you have a relationship (e.g., relative, friend, neighbor, or co-worker).
ID Verification Partners. We may obtain personal information about you from credit bureaus and identity verification partners.
We use personal information for a variety of business purposes, including to provide the Services, for administrative purposes, and to provide you with marketing materials, as described below.
We use personal information to fulfill our contract with you and provide the Services, such as:
· Managing your information;
· Verify your identity in accordance with applicable know-your-customer, money-laundering and other financial sector legislation or regulations;
· Providing access to certain areas, functionalities, and features of the Services;
· Personalizing the Services for you, such as sending you birthday rewards or other benefits;
· Answering requests for support;
· Communicating with you;
· Sharing personal information with third parties as needed to provide the Services;
· Processing your financial information and other payment methods for products and Services;
· Processing applications if you apply for a job we post on our Services; and
· Allowing you to register for events.
We use personal information for various administrative purposes, such as:
· Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
· Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
· Determining your eligibility to use our Services, including under local law;
· Carrying out analytics;
· Measuring interest and engagement in the Services;
· Improving, upgrading, or enhancing the Services;
· Developing new products and services;
· Creating de-identified and/or aggregated information. If we create or receive de-identified information, we will not attempt to reidentify such information, unless permitted by, or required to comply with, applicable laws;
· Ensuring internal quality control and safety;
· Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Notice;
· Debugging to identify and repair errors with the Services;
· Auditing relating to interactions, transactions, and other compliance activities;
· Sharing information with third parties as needed to provide the Services;
· Enforcing our agreements and policies; and
· Carrying out activities that are required to comply with our legal obligations.
We may use personal information to tailor and provide you with marketing and other content. We may provide you with these materials as permitted by applicable law.
We may engage third-party advertising partners to promote our Services based on your interactions with our Services. Under certain state privacy laws (such as those in California, Colorado, and Virginia), this activity may be considered a 'sale' or 'sharing' of personal information, or 'targeted advertising'.
If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.
We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information, with your consent, or as otherwise directed by you.
We may engage in automated decision making, including profiling, such as to determine your skill level to match you with players of a similar skill level or to determine whether you are permitted to make withdrawals from your Exponential Corp. Account. Our processing of your personal information will not result in a decision based solely on automated processing that has a legal or other similarly significant effect on you unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are permitted by law to engage in such automated decision making.
If you have questions about our automated decision making, you may contact us as set forth in “Contact Us” below.
We disclose personal information to third parties for a variety of business purposes, including to provide the Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
We may disclose any of the personal information we collect to the categories of third parties described below.
We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, purchase or sale of assets, transition of service to another provider, or other similar corporate transaction, your personal information may be disclosed, sold, or transferred as part of such a transaction.
Your Privacy Choices. The privacy choices you may have about your personal information are described below.
Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of certain tracking on some mobile applications by following the instructions for Android, iOS, and others.
The online advertising industry also provides mechanisms that may allow you to opt out of receiving targeted ads from organizations that participate in self-regulatory programs. To learn more, visit the Network Advertising Initiative, the Digital Advertising Alliance, and the European Digital Advertising Alliance.
Please note you must separately opt out in each browser and on each device.
Your Privacy Rights. In accordance with applicable law, you may have the right to:
Only you, or someone legally authorized to act on your behalf in certain jurisdictions, may make a request to exercise the rights listed above regarding your personal information. If your personal information is subject to a law that allows an authorized agent to act on your behalf in exercising your privacy rights and you wish to designate an authorized agent, please provide written authorization signed by you and your designated agent using the information found in “Contact Us” below and ask us for additional instructions.
To protect your privacy, we will take steps to verify your identity before fulfilling requests submitted under applicable privacy laws. These steps may involve asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Examples of our verification process may include asking you to provide or confirm additional information, such as your name, email address and/or UID number associated with your account.
Some laws may allow you to appeal our decision if we decline to process your request. If applicable laws grant you an appeal right, and you would like to appeal our decision with respect to your request, you may do so by informing us of this and providing us with information supporting your appeal.
If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below.
To opt out of the following activities under applicable privacy laws:
You may also submit the request through “Do Not Sell or Share My Personal Information” link found at the bottom of our website.
We will process such requests in accordance with applicable laws.
All personal information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live.
For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth below.
We store the personal information we collect as described in this Privacy Notice for as long as you use the Services, or as necessary to fulfill the purpose(s) for which it was collected, provide the Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
To determine the appropriate retention period for personal information, we may consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, certain risk factors, the purposes for which we process your personal information, and whether we can achieve those purposes through other means.
The Services are not directed to children under 18, and we do not knowingly collect personal information from children.
If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s Exponential Corp. Account if applicable.
Sensitive Personal Information. We do not generally require you to disclose any sensitive personal information (for example, details of race, religious belief, or sexual orientation) to us, unless we have a legitimate ground to do so, such as it is necessary for us to provide the Services, perform a contract with you, or fulfill a legal obligation. If you do provide us with sensitive personal information for any reason, you consent to us collecting that information and then using and disclosing that information for the purpose for which you disclosed it to us.
Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services or the Services may allow you to interact with third-party services that are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for the third-party’s actions or omissions, including but not limited to their privacy practices, content of such other websites or applications, and errors or bugs in their software. Providing personal information to third-party websites or applications is at your own risk.
Exponential Corp. is the controller of the personal information we process under this Privacy Notice.
If you have any questions about our privacy practices or this Privacy Notice, or to exercise your rights as detailed in this Privacy Notice, please submit a privacy request using our online Data Subject Request Form, or contact us at: privacy@tallyup.com
This Supplemental CCPA/CPRA Privacy Notice supplements our Privacy Notice and only applies to our processing of personal information that is subject to the CCPA/CPRA.
At or before the time of collection, California residents have a right to receive notice of our privacy practices. California residents can find this information below.
We collect personal information that you provide to us, personal information we collect automatically when you use the Services, and personal information from third-party sources as are describe in our Privacy Notice.
The CCPA/CPRA provides California residents with the right to know what categories of personal information Exponential Corp. has collected about them, whether Exponential Corp. disclosed that personal information for a business purpose (e.g., to a service provider), whether Exponential Corp. “sold” that personal information, and whether Exponential Corp. “shared” that personal information for “cross-context behavioral advertising” in the preceding twelve months. California residents can find this information below:
Category of Personal Information Collected by Exponential Corp.
Category of Third Parties To Whom Personal Information is Disclosed to for a Business Purpose
Category of Third Parties To Whom Personal Information is Sold and/or Shared
Identifiers
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
N/A
Protected classification characteristics under California or federal law
N/A
Commercial information
Internet or other electronic network activity
Geolocation data
N/A
Sensory data
N/A
Professional or employment-related information
N/A
Inferences drawn from other personal information to create a profile about a consumer
Personal information that reveals a consumer’s social security, driver’s license, state identification card, or passport number
N/A
Personal information that reveals a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account
N/A
Personal information that reveals a consumer’s precise geolocation
N/A
Personal information that reveals the contents of a consumer’s mail, email, and text messages unless Exponential Corp. is the intended recipient of the communication
N/A
We may use and disclose the personal information that we collect for the following business and commercial purposes:
We may “sell” your personal information or “share” your personal information for “cross-contextual behavioral advertising” to provide you with “cross-context behavioral advertising” about our products and services, as well as to measure and analyze performance, improve the services we provide, and detect illegal or harmful activities.
California residents have the right to opt out of the “sale” of personal information and the “sharing” of personal information for “cross-context behavioral advertising.” If we do this, we will post a link on our website and California residents may exercise these rights by clicking on the “Do Not Sell or Share My Personal Information” link then found at the bottom of our website.
Exponential Corp. does not have actual knowledge of any “sale” of personal information of minors under 16 years of age. Exponential Corp. does not have actual knowledge of any “sharing” of personal information of minors under 16 years of age for “cross-context behavioral advertising.”
Some browsers and browser extensions support the Global Privacy Control (“GPC”) that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data "sales" as defined under certain laws. In certain territories, when we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting as required by applicable law. If your browser supports it, you can turn on the GPC to opt-out of the “sale” or “sharing” of your personal information.
Exponential Corp. only uses and discloses sensitive personal information for the following purposes:
California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA/CPRA.
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Related legal docs, all players are bound by our: Terms of Service and Privacy Policy.
Last Updated: 2025.11.05
Geographic Access:
Wagering cash or crypto is disabled for devices deemed to be located in the following US states or international countries:
Arkansas, Connecticut, Delaware, Louisiana, South Dakota
Note: Exponential Corp does not currently distinguish Tribal Land from the surrounding state. If a state is cash-disabled, so too will be all Tribal Land within its borders.
Afghanistan, Arunachal Pradesh (State in India), Belarus, Belgium, Bosnia And Herzegovina, Bulgaria, Congo (Democratic Republic), Cote D’Ivoire, Croatia (local name: Hrvatska), Cuba, Cyprus, Czech Republic, Egypt, Estonia, France, French Guiana, French Polynesia, French Southern Territories, Greece, Hungary, India, Indonesia, Iran (Islamic Republic Of), Iraq, Italy, Japan, , Kosovo, Latvia, Lithuania, Malaysia, Malta, Montenegro, Myanmar, , Nigeria, North Korea, North Macedonia, Pakistan, People’s Republic of China, Poland, Portugal, Romania, Russian Federation, Serbia, , Slovakia (Slovak Republic), Slovenia, Sudan, Syrian Arab Republic, Turkey, Ukraine, Vietnam, Yugoslavia, Zimbabwe.
Minimum Age: Players must be at least 18 years old to wager.
Take-rate / fee per game: Any wagering game is subject to a fee / take rate. This take rate may be dynamic and adjust from game to game. As of this writing, the take rate is set to 2% of wagered amounts but subject to change without notice. For example, in some cases, such as higher stakes wagering pots, take-rate may dynamically adjust to a higher or lower rate.
KYC / AML: Upon submitting a request for withdrawal of funds, players will be required to pass a standard KYC-AML questionnaire via 3rd-party KYC vendor.
Minimum Withdrawal: Withdrawal requests are subject to a minimum account balance and processing fee to cover transaction costs and KYC AML expense. These amounts are subject to change and can be found in app.
Withdrawal timing: We strive to process withdrawal requests as quickly as possible and typically within 1 week or less. However, withdrawal requests may take less or more time subject to specific facts.
Deposit limits: Account holders are limited to depositing up to a maximum amount of value into their wagering accounts, subject to change.
All players, whether wagering or not, are bound by our Terms of Service and Privacy Policy.
Skill-based gaming has a well-established legal, social, and commercial history. From classic board games to major sports tournaments, games of skill have long offered participants a chance to compete based on one’s ability. Today, games of skill are available on most major media sites like AOL, MSN, and Yahoo, and are complemented by the electronic sports (eSports) industry, which lets professional gamers compete in popular video games with real money at stake.
Exponential Corp (including but not limited to all branded gaming platforms that it operates, TallyUP, Rock Paper Scissors FU, FU games) (hereinafter referred to as EC) is a platform that advances this trend, enabling skill-based multiplayer tournaments on mobile or other internet connected devices while offering gamers the ability to compete for real prizes. Games powered by EC have the clear distinction of being games of skill -- and not games of chance -- a difference which makes EC tournaments legal in the majority of the United States, as well as many countries.
Cash-based tournaments in games of skill are not considered gambling because the generally accepted definition of gambling involves three specific things: (1) the award of a prize, (2) paid-in consideration (meaning entrants pay to compete), and (3) an outcome determined on the basis of chance. Without all three of these elements, a competition that rewards real prizes is not gambling. In the case of EC tournaments, outcomes are not determined by chance, but are rather achieved through a player’s skill or ability.
Games of skill require a physical or mental ability and a learned capacity to carry out a result. These games commonly include the use of strategy, tactics, physical coordination, strength, technical expertise, and/or knowledge. Games of chance are those with an outcome strongly influenced by random chance or uncertainty. Common randomization devices include dice, playing cards, or numbered balls drawn from a container. Games of chance may have some skill, and games of skill may have some chance, however, most U.S. courts use either the predominance test or the material element test to look at the role that skill and chance each take in determining the outcome of the game.
The predominance test is the most commonly used indicator of whether a game is skill- or chance-based. Under this test, one must envision a continuum with pure skill on one end and pure chance on the other. On the continuum, games such as chess would be almost at the pure skill end, while traditional slot machines would be at the pure chance end. Between these ends of the spectrum lie many activities containing both elements of skill and chance. A game is classified as a game of skill if the game falls predominantly closer to the skill end of the continuum.
The material element test is the second most commonly used test in the U.S. and is relied upon by 8 states to evaluate whether a game is skill or chance based. The test asks the question of whether chance plays a material role in determining a game’s outcome. As an example, in games like Minesweeper, a great deal of skill is generally exercised by players, but there are moments when players are forced to guess at random, with the results of that guess determining the winner and loser of the game. Skill predominates but chance plays a material role in determining the game’s outcome.
In the U.S., the legality of skill-based competitions is determined at a state level and EC has taken extensive measures to ensure that its products are in full compliance with all the applicable laws. As of today, EC powers real prize competitions in roughly 80% of the world and 40+ US states. Additionally, real prize gameplay may also be restricted in certain locations if playing cards or dominoes are involved (see below for full details). Our virtual currency tournaments are available globally.
For locations where skill-based real prize gaming is not allowed, a player who logs in to EC will still be able to compete in such activities as virtual currency tournaments, airdrop points tournaments and perhaps more. EC uses IP address or other location signalingl aspects of a smartphone in order to determine location and eligibility to play for real prizes.
EC provides a forum for safe, friendly, and competitive entertainment with monetary stakes tied to the competition of players at all levels. EC operates in full compliance with U.S. Federal and State laws, verifying the residency of anyone seeking to open an account and using IP address as well as other location-based services to determine a player’s eligibility for real prize competition.
Related legal docs, all players are bound by our: Terms of Service and Privacy Policy.
Last Updated: 2025.11.05
Geographic Access:
Wagering cash or crypto is disabled for devices deemed to be located in the following US states or international countries:
Arkansas, Connecticut, Delaware, Louisiana, South Dakota
Note: Exponential Corp does not currently distinguish Tribal Land from the surrounding state. If a state is cash-disabled, so too will be all Tribal Land within its borders.
Afghanistan, Arunachal Pradesh (State in India), Belarus, Belgium, Bosnia And Herzegovina, Bulgaria, Congo (Democratic Republic), Cote D’Ivoire, Croatia (local name: Hrvatska), Cuba, Cyprus, Czech Republic, Egypt, Estonia, France, French Guiana, French Polynesia, French Southern Territories, Greece, Hungary, India, Indonesia, Iran (Islamic Republic Of), Iraq, Italy, Japan, , Kosovo, Latvia, Lithuania, Malaysia, Malta, Montenegro, Myanmar, , Nigeria, North Korea, North Macedonia, Pakistan, People’s Republic of China, Poland, Portugal, Romania, Russian Federation, Serbia, , Slovakia (Slovak Republic), Slovenia, Sudan, Syrian Arab Republic, Turkey, Ukraine, Vietnam, Yugoslavia, Zimbabwe.
Minimum Age: Players must be at least 18 years old to wager.
Take-rate / fee per game: Any wagering game is subject to a fee / take rate. This take rate may be dynamic and adjust from game to game. As of this writing, the take rate is set to 2% of wagered amounts but subject to change without notice. For example, in some cases, such as higher stakes wagering pots, take-rate may dynamically adjust to a higher or lower rate.
KYC / AML: Upon submitting a request for withdrawal of funds, players will be required to pass a standard KYC-AML questionnaire via 3rd-party KYC vendor.
Minimum Withdrawal: Withdrawal requests are subject to a minimum account balance and processing fee to cover transaction costs and KYC AML expense. These amounts are subject to change and can be found in app.
Withdrawal timing: We strive to process withdrawal requests as quickly as possible and typically within 1 week or less. However, withdrawal requests may take less or more time subject to specific facts.
Deposit limits: Account holders are limited to depositing up to a maximum amount of value into their wagering accounts, subject to change.
All players, whether wagering or not, are bound by our Terms of Service and Privacy Policy.
Skill-based gaming has a well-established legal, social, and commercial history. From classic board games to major sports tournaments, games of skill have long offered participants a chance to compete based on one’s ability. Today, games of skill are available on most major media sites like AOL, MSN, and Yahoo, and are complemented by the electronic sports (eSports) industry, which lets professional gamers compete in popular video games with real money at stake.
Exponential Corp (including but not limited to all branded gaming platforms that it operates, TallyUP, Rock Paper Scissors FU, FU games) (hereinafter referred to as EC) is a platform that advances this trend, enabling skill-based multiplayer tournaments on mobile or other internet connected devices while offering gamers the ability to compete for real prizes. Games powered by EC have the clear distinction of being games of skill -- and not games of chance -- a difference which makes EC tournaments legal in the majority of the United States, as well as many countries.
Cash-based tournaments in games of skill are not considered gambling because the generally accepted definition of gambling involves three specific things: (1) the award of a prize, (2) paid-in consideration (meaning entrants pay to compete), and (3) an outcome determined on the basis of chance. Without all three of these elements, a competition that rewards real prizes is not gambling. In the case of EC tournaments, outcomes are not determined by chance, but are rather achieved through a player’s skill or ability.
Games of skill require a physical or mental ability and a learned capacity to carry out a result. These games commonly include the use of strategy, tactics, physical coordination, strength, technical expertise, and/or knowledge. Games of chance are those with an outcome strongly influenced by random chance or uncertainty. Common randomization devices include dice, playing cards, or numbered balls drawn from a container. Games of chance may have some skill, and games of skill may have some chance, however, most U.S. courts use either the predominance test or the material element test to look at the role that skill and chance each take in determining the outcome of the game.
The predominance test is the most commonly used indicator of whether a game is skill- or chance-based. Under this test, one must envision a continuum with pure skill on one end and pure chance on the other. On the continuum, games such as chess would be almost at the pure skill end, while traditional slot machines would be at the pure chance end. Between these ends of the spectrum lie many activities containing both elements of skill and chance. A game is classified as a game of skill if the game falls predominantly closer to the skill end of the continuum.
The material element test is the second most commonly used test in the U.S. and is relied upon by 8 states to evaluate whether a game is skill or chance based. The test asks the question of whether chance plays a material role in determining a game’s outcome. As an example, in games like Minesweeper, a great deal of skill is generally exercised by players, but there are moments when players are forced to guess at random, with the results of that guess determining the winner and loser of the game. Skill predominates but chance plays a material role in determining the game’s outcome.
In the U.S., the legality of skill-based competitions is determined at a state level and EC has taken extensive measures to ensure that its products are in full compliance with all the applicable laws. As of today, EC powers real prize competitions in roughly 80% of the world and 40+ US states. Additionally, real prize gameplay may also be restricted in certain locations if playing cards or dominoes are involved (see below for full details). Our virtual currency tournaments are available globally.
For locations where skill-based real prize gaming is not allowed, a player who logs in to EC will still be able to compete in such activities as virtual currency tournaments, airdrop points tournaments and perhaps more. EC uses IP address or other location signalingl aspects of a smartphone in order to determine location and eligibility to play for real prizes.
EC provides a forum for safe, friendly, and competitive entertainment with monetary stakes tied to the competition of players at all levels. EC operates in full compliance with U.S. Federal and State laws, verifying the residency of anyone seeking to open an account and using IP address as well as other location-based services to determine a player’s eligibility for real prize competition.