TEMPLATE — NOT LEGAL ADVICE. This document was prepared as a starting template and must be reviewed and adapted by a licensed attorney (ideally one experienced in gaming/sports-wagering content and consumer/subscription law) before you publish or rely on it. Bracketed items in `[ALL CAPS]` are placeholders you must complete. See `LEGAL_README_AND_LAWYER_CHECKLIST.md`.
Terms of Use
Effective date: [EFFECTIVE DATE] Last updated: [DATE]
These Terms of Use ("Terms") are a binding agreement between you ("you," "User") and [COMPANY LEGAL NAME, e.g., Danny P Analytics LLC] ("Company," "we," "us," "our"), which operates [PRODUCT NAME] and the website located at [WEBSITE URL] (together with all related content, tools, projections, rankings, and features, the "Service").
PLEASE READ THESE TERMS CAREFULLY. By creating an account, purchasing a subscription, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, Disclaimer & Responsible Gambling Policy, and Subscription, Refund & Acceptable Use Policy, each incorporated here by reference. If you do not agree, do not use the Service.
1. What the Service Is — and Is Not
The Service provides statistical models, predictions, projections, probabilities, rankings, fantasy analysis, and related sports information and opinion for the National Football League and other sports, for informational and entertainment purposes only.
The Service is NOT a sportsbook, casino, betting exchange, or gambling operator. We do not accept, place, facilitate, broker, or process any bet or wager, we do not handle any gambling funds, and we do not guarantee any outcome, result, or financial gain. Nothing on the Service is an offer or solicitation to place a wager.
The Service does not constitute financial, investment, betting, tax, legal, or other professional advice. All content reflects our opinions and model estimates, which may be wrong. You are solely responsible for any decision you make, including any wager you choose to place with a third party.
2. Eligibility
You must be at least 21 years old to create an account and use the Service. If you use any information from the Service in connection with real-money sports wagering, you represent that you are at least 21 years old (or the minimum legal wagering age where you are located) and that sports wagering is legal in your jurisdiction. Sports wagering is prohibited in many places; it is your responsibility to know and comply with the laws that apply to you. The Service is intended for users in the United States; we make no representation that it is appropriate or available elsewhere.
3. Accounts
You agree to provide accurate, current, and complete registration information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity under your account. Accounts are for a single individual and may not be shared, transferred, or resold. Notify us immediately at [SUPPORT EMAIL] of any unauthorized use. We may suspend or terminate accounts that violate these Terms.
4. Subscriptions, Billing, and Cancellation
Paid features are offered on a subscription basis and are governed by our Subscription, Refund & Acceptable Use Policy, which describes pricing, billing cycles, automatic renewal, price changes, cancellation, and refunds. By purchasing a subscription you provide affirmative consent to the recurring charges described there. You may cancel at any time as described in that policy; cancellation is available through the same medium in which you subscribed.
5. No Guarantees; Assumption of Risk
Predictions and projections are probabilistic estimates, not statements of fact or certainty. Past performance and any historical accuracy figures or "track records" shown on the Service are not a guarantee or predictor of future results. We make no representation that using the Service will result in profit or will avoid loss. You assume all risk arising from your use of the Service and any decisions or wagers you make. If you choose to wager, only do so with money you can afford to lose. See our Disclaimer & Responsible Gambling Policy.
6. Acceptable Use
You agree not to, and not to permit any third party to: (a) copy, scrape, harvest, redistribute, resell, sublicense, or publicly display the Service's content, projections, or data except as expressly permitted; (b) share, sell, or provide access to your account; (c) use bots, scrapers, or automated means to access the Service or exceed rate limits; (d) reverse engineer, decompile, or attempt to derive the underlying models or source code; (e) circumvent any paywall, authentication, or access control; (f) use the Service for any unlawful purpose or to facilitate illegal gambling; (g) upload malicious code or interfere with the Service's operation; or (h) infringe our or any third party's intellectual property or other rights. Full details are in the Acceptable Use section of the Subscription, Refund & Acceptable Use Policy.
7. Intellectual Property
The Service and all content, software, models, projections, compilations, text, graphics, logos, and trademarks (excluding third-party marks) are owned by the Company or its licensors and are protected by intellectual-property laws. Subject to these Terms and your active subscription, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal, non-commercial use. All rights not expressly granted are reserved.
8. Third-Party Names, Data, and Services
[PRODUCT NAME] is an independent service and is not affiliated with, endorsed by, or sponsored by the National Football League (NFL), any NFL team, any players' association, or any sportsbook or data provider. All team names, league names, player names, and related marks are the property of their respective owners and are used for identification and commentary only (nominative fair use). Statistical and odds data may be sourced from third parties; we do not warrant its accuracy, completeness, or timeliness and are not responsible for third-party errors or outages. Your use of third-party services (e.g., payment processors, sportsbooks) is governed by their own terms.
9. User Submissions and AI Features
If the Service lets you submit questions, prompts, or other content (including to any AI assistant), you grant us a non-exclusive, worldwide, royalty-free license to use that content to operate and improve the Service. Do not submit sensitive personal information, and understand that AI-generated responses are informational only, may be inaccurate, and are subject to all disclaimers in these Terms.
10. Disclaimers of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO ACCURACY, RELIABILITY, TIMELINESS, OR RESULTS. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OWNERS, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, GAMBLING OR BETTING LOSSES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE [SIX (6)] MONTHS BEFORE THE CLAIM AROSE OR (B) USD $[AMOUNT, e.g., 100]. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnification
You agree to indemnify and hold harmless the Company and its owners, officers, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms or any law, or your wagering activity.
13. Termination
We may suspend or terminate your access at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your license ends and you must stop using the Service. Sections that by their nature should survive (including 5–12, 14, and 15) survive termination.
14. Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of [GOVERNING-LAW STATE], without regard to conflict-of-law rules. [ATTORNEY TO ADVISE: whether to include a binding arbitration clause and class-action waiver, the arbitration provider/rules, venue, and any consumer carve-outs — these materially affect users' rights and enforceability varies by state.] Absent an enforceable arbitration clause, you agree to the exclusive jurisdiction of the state and federal courts located in [COUNTY, STATE].
15. Changes to the Terms or Service
We may modify these Terms or the Service at any time. For material changes, we will provide notice by email to your account address at least 30 days before the changes take effect, and will update the "Last updated" date; non-material changes are effective when posted. Your continued use after changes take effect constitutes acceptance. If you do not agree, stop using the Service and cancel any subscription.
16. Miscellaneous
These Terms (with the incorporated policies) are the entire agreement between you and us regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be sent to your account email.
17. Copyright Complaints (DMCA)
We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA). If you believe content on the Service infringes your copyright, send a written notice to our Designated Agent that includes the information required by 17 U.S.C. § 512(c)(3): your contact information; identification of the copyrighted work; identification of the allegedly infringing material and its location on the Service; a statement of your good-faith belief that the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act on the owner's behalf; and your physical or electronic signature. We will remove or disable access to infringing material as appropriate and may terminate repeat infringers.
Designated Agent: [DMCA AGENT NAME] · [DMCA AGENT MAILING ADDRESS] · [DMCA AGENT EMAIL]. *(Agent registration with the U.S. Copyright Office is being completed separately.)*
18. California Users — Consumer Rights Notice
Under California Civil Code § 1789.3, California residents are entitled to the following notice. This Service is provided by [COMPANY LEGAL NAME], [MAILING ADDRESS]. To file a complaint or ask a question about the Service, contact us at [SUPPORT/LEGAL EMAIL]. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
19. Contact
[COMPANY LEGAL NAME] [MAILING ADDRESS] Email: [SUPPORT/LEGAL EMAIL]