Terms of Service

1. Eligibility

To use the Service, you must be at least 18 years of age and capable of entering into a binding contract under the laws of your jurisdiction. By using the Service, you represent and warrant that you meet these requirements.

You may not use the Service if you are located in a jurisdiction where the Service is unlawful or if you are barred from receiving the Service under applicable law.

2. Accounts

Creating an account

To access certain features of the Service, you must create an account. You agree to provide accurate and complete information when creating your account and to update it as necessary. You are responsible for safeguarding your password and for all activities that occur under your account.

Account security

You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately at support@fourthdowndata.com if you suspect unauthorized access to your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

One person per account

Each account is for the personal use of a single individual. You may not share your account credentials with others, sell or transfer your account, or use your account for the benefit of others on a service-resale basis.

3. Subscriptions and Billing

Free tier

Certain features of the Service are available at no cost. The scope of free features may change over time at our discretion.

Pro subscriptions

Some features require a paid subscription ("Pro"). Pro subscription pricing is shown on the Service. When you subscribe, you agree to pay the applicable subscription fee through our payment processor (Stripe).

Auto-renewal

Pro subscriptions automatically renew at the end of each billing period (monthly or annual, depending on the plan you selected) at the then-current rate, until you cancel. You can cancel at any time from your account settings or by contacting us. Cancellation takes effect at the end of the current billing period; you retain access to Pro features until then.

Refunds

Subscription payments are generally non-refundable. We may, at our sole discretion, provide refunds for service interruptions, billing errors, or other circumstances. Requests for refunds should be sent to support@fourthdowndata.com.

Price changes

We may change subscription prices at any time. Price changes apply to new subscriptions immediately. For existing subscribers, price changes apply at your next renewal, with at least 30 days' notice via email.

Taxes

Subscription prices do not include applicable sales taxes, VAT, or similar taxes, which you are responsible for paying.

4. Acceptable Use

When using the Service, you agree NOT to:

• Violate any applicable law, regulation, or third-party right.
• Use the Service to facilitate or process wagering, gambling, or any other gaming activity, except as may be permitted by your local law and not affecting our compliance obligations.
• Scrape, crawl, or harvest data from the Service using automated means, except as permitted by our robots.txt file or with our prior written permission.
• Reverse-engineer, decompile, or otherwise attempt to derive the source code of the Service.
• Interfere with the proper functioning of the Service, including by overloading our servers, attempting to gain unauthorized access, or introducing malware.
• Resell, sublicense, or redistribute access to the Service without our prior written permission.
• Use the Service to create a competing product or service.
• Misrepresent your affiliation with us or any other person or entity.
• Use the Service in a way that harms or could harm other users, us, or any third party.

We reserve the right to investigate violations of these Terms and to take appropriate action, including suspending or terminating your account, with or without notice.

5. Intellectual Property

Our content

The Service, including all text, graphics, logos, software, data, and other materials, is owned by The Berserker Group Ltd or our licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

"Fourth Down Data," "The Vault," "The War Room," "The Archive," "Reality Check," "The Slate," and our logos are trademarks of The Berserker Group Ltd. You may not use these marks without our prior written permission.

Underlying data sources

Some data displayed on the Service is derived from third-party data sources, including SportSource Analytics, College Football Data, and other licensed providers. These third parties retain rights to their underlying data; your use of derived analyses on the Service is limited to the scope of the license we hold from those providers.

Your content

If you submit content to the Service (such as feedback, support messages, or waitlist signup notes), you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, and display that content for the purposes of operating and improving the Service. We do not claim ownership of your content; you retain all rights you had before submission.

6. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. To the maximum extent permitted by law, we disclaim all warranties, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Accuracy of information

We make reasonable efforts to ensure the information on the Service is accurate, but we do not guarantee its accuracy, completeness, or timeliness. Statistical models, predictions, and analyses are inherently uncertain; past performance does not guarantee future results.

Not investment, gambling, or financial advice

Nothing on the Service constitutes investment advice, gambling advice, financial advice, or a recommendation to engage in any wagering or financial transaction. You bear sole responsibility for any decisions you make based on information from the Service. We disclaim all liability for any losses or damages resulting from such decisions.

Service availability

We do not guarantee that the Service will be uninterrupted, error-free, or available at any particular time. We may modify, suspend, or discontinue all or part of the Service at any time, with or without notice, without liability to you.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BERSERKER GROUP LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including but not limited to lost profits, lost revenue, lost data, business interruption, or other intangible losses arising out of or related to your use of the Service, whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $100.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless The Berserker Group Ltd, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property or privacy rights; or (d) any content you submit to the Service.

9. Termination

You may terminate your account at any time by deleting it through your account settings or by contacting us.

We may terminate or suspend your account, with or without notice, at our sole discretion, for any reason, including (without limitation) breach of these Terms. Upon termination:

• Your right to use the Service immediately ends.
• We may delete your account and any associated content, subject to our data retention practices described in the Privacy Policy.
• Provisions of these Terms that by their nature should survive termination (including limitations of liability, indemnification, dispute resolution, and intellectual property provisions) will survive.

10. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR JURY TRIAL.

Governing law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws provisions. Any dispute arising out of or related to these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Pennsylvania.

Informal resolution

Before filing any formal claim, you agree to first attempt to resolve the dispute informally by contacting us at support@fourthdowndata.com. We will attempt to resolve the dispute within 60 days.

Arbitration and class action waiver

These sections are pending counsel review and are not yet enforceable in this version of the Terms. Contact us at support@fourthdowndata.com with any disputes.

11. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated Terms on the Service with a new "Last updated" date. For material changes, we will provide additional notice (such as email to registered users, or a prominent notice on the Service). Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

12. Miscellaneous

Entire agreement

These Terms, together with the Privacy Policy and any other policies referenced in them, constitute the entire agreement between you and us regarding the Service, superseding any prior agreements.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

No waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights under these Terms freely.

Force majeure

We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of nature, war, terrorism, civil unrest, government action, or failure of third-party services.

13. Contact Us

If you have questions about these Terms, contact us:

• The Berserker Group Ltd
• Email: support@fourthdowndata.com