Terms of Service

1. Eligibility

To access and use the Services, you must be at least 21 years old, located in the United States of America, and legally capable of entering into a binding agreement to use the Service.

By using the Service, you represent and warrant that:

• you meet these eligibility requirements
• your use of the Service complies with all applicable federal, state, local, and international laws, statutes and regulations
• you are not prohibited from using the Service under any applicable law or regulation
• you will comply with these Terms and any other policies of the Company.

It shall be your responsibility to identify which laws you must abide by during the course of your use of the Services.

2. Accounts

Account Registration

Certain features of the Service require an account. You shall provide accurate and complete information to create an account, and further agree to keep your account information updated. The account will require a unique username and a password which conforms with the Company's password requirements, which requirements may change from time to time without notice to you. The Company may deny any potential user an account for any or no reason.

You are responsible for all activity occurring under your account, whether authorized by you or not.

Account Security

You are responsible for maintaining the confidentiality of your login credentials. We shall not be liable to you or any third party for any unauthorized access to your account. Further, no website, mobile application, system, electronic storage, or online service is completely secure, and we cannot guarantee the security of your personal data transmitted to, through, using, or in connection with the Service. In particular, email, texts, and chats sent to or from the Service may not be secure, and you should carefully decide what information you send to us via such communications channels. Any transmission of personal data is at your own risk.

If you believe your account has been compromised, notify us immediately at support@fourthdowndata.com.

We are not responsible for losses resulting from unauthorized use of your account caused by your failure to safeguard credentials.

Individual Use Only

Accounts are licensed for use by a single individual only.

You may not:

• share account credentials
• transfer or sell accounts
• allow multiple users to access a single account
• use the Service on a commercial resale or bureau basis without written authorization

3. Subscriptions and Billing

Free Features

Certain portions of the Service may be provided free of charge. The features of the Service which are free of charge, and their availability, may change at any time at the Company's discretion.

Paid Subscriptions

Certain features require a paid subscription (the "Pro" subscription). The Pro subscription may require one-time or ongoing fee(s) for access or use of such subscription.

We may from time to time make Third-Party Products available to you, including, without limitation, payment processing products for purposes of using the Service and enrolling in the Pro subscription. For purposes of these Terms, such Third-Party Products are subject to their own terms and conditions which are incorporated herein by reference and have been accepted by you. Links to such terms and conditions for the Third-Party Products can be found here: Stripe Consumer Terms of Service (https://stripe.com/legal/consumer).

By subscribing, you authorize us and our payment processor, Stripe, to charge the applicable subscription fees (including any fees Stripe may charge) and taxes to your selected payment method.

Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle unless canceled prior to renewal.

You may cancel at any time through your account settings or by contacting support@fourthdowndata.com. Cancellation becomes effective at the end of the current billing period.

Refunds

Subscription fees are generally non-refundable except where required by law.

We may issue refunds, credits, or adjustments at our sole discretion in cases involving billing errors, technical failures, or other exceptional circumstances.

Pricing Changes

We may modify subscription pricing at any time. Pricing changes for existing subscribers will take effect no earlier than the next renewal period following notice of the change.

4. Acceptable Use

You acknowledge and agree to use the Service only for lawful purposes and in accordance with these Terms. You acknowledge that the primary use of the Service is to review, research, and interact with various statistics. Any use of the Service by you will be considered non-confidential and non-proprietary. By providing any information, content, material or data to the Service (other than personally identifiable information), you hereby grant the Company and service providers and licensees the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material pursuant to the terms of the Privacy Policy.

Any use of the Service which does not conform to the Service's intended use (as determined by the Company in its sole discretion) is strictly prohibited. In connection with your use of the Service, you agree not to:

• violate any applicable law, statute, rule or regulation
• use the Service for unlawful, fraudulent, harassing or abusive purposes
• promote any illegal activity, or advocate, promote or assist any unlawful act
• use the Service to facilitate, operate, or promote unauthorized gambling or wagering activity
• infringe the copyright or trademark rights of another party
• perform searches, obtain information, scrape, crawl, harvest, mirror, export, or systematically extract data or content from the Service through automated means without our prior written permission
• bypass rate limits, access controls, authentication systems, or security protections
• reproduce, copy, redistribute, commercially exploit, or create derivative databases from substantial portions of the Service or underlying data
• use Service content, data, or outputs to develop or train competing products, datasets, machine learning models, or AI systems
• reverse-engineer, disassemble, decompile, copy, resell the Service (or any related content thereon or data outputs therefrom) or attempt to derive source code or underlying systems of the Service
• interfere with the integrity or performance of the Service or its security features
• introduce any malware, malicious code, virus, Trojan Horse, worm, or harmful automated processes or content
• impersonate another person or misrepresent affiliation with any person or entity
• use the Service in a manner that harms users, third parties, or the Service itself
• make alterations to, or modifications of, the Service (or any portion thereof) or permit the Service (or any portion thereof) to be combined with, incorporated within, any other software or programs.

We reserve the right to investigate violations of these Terms and suspend or terminate accounts at our discretion.

5. Intellectual Property

Ownership

The Service and all related content, software, data (including, without limitation, data, data outputs, visualizations, text, graphics, logos, slogans, branding, and materials) are owned by the Company or its licensors. You further agree never to challenge, contest, or question the validity of the Company's ownership of the Service and all related content, software, data (including, without limitation, data, data outputs, visualizations, text, graphics, logos, slogans, branding, and materials), including, without limitation, to any improvements, enhancements, modifications, or derivatives thereof made by any party (if any). No rights or licenses are granted to you or any other party except for those as set forth herein.

Except as expressly permitted in these Terms, no rights are granted to you.

All rights not expressly granted are reserved.

Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. Any and all uses of the Service that are not authorized pursuant to the terms of these Terms shall not be permitted without the prior written consent of Company. No permission or license is granted or implied to use the trademarks, logos, service marks and trade names displayed in the Service or on any print-outs or data outputs created by the Service (collectively, the "Logos"). The Logos may not be used without Company's prior written consent.

Trademarks

"Fourth Down Data," "The Vault," "The War Room," "The Archive," "Reality Check," "The Slate," and related logos, names, and branding are trademarks of The Berserker Group Ltd.

You may not use these marks without prior written permission.

Third-Party Data and Intellectual Property

Some information displayed through the Service may originate from licensed third-party providers or publicly available sources.

League names, school names, conference names, logos, trademarks, products or services of Third-Party Providers, and any other licensed intellectual property remain the property of their respective owners.

Fourth Down Data is not affiliated with, endorsed by, or sponsored by the NCAA, any university, college, athletic conference, sportsbook, sports league, or sports governing body unless explicitly stated otherwise.

User Submissions

If you submit feedback, suggestions, messages, or other content to us, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and incorporate that content for purposes related to operating, improving, and promoting the Service. We own any improvements or derivatives of the Service resulting therefrom.

You retain ownership of your submitted feedback or messages.

6. Beta and Experimental Features

We may offer beta, preview, experimental, or early-access features.

Such features may:

• be incomplete
• contain errors or inaccuracies
• change substantially
• become unavailable without notice

Beta features are provided "AS IS" without warranties of any kind.

7. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY.

No Professional Advice

Nothing provided through the Service constitutes:

• legal advice
• financial advice
• investment advice
• tax advice
• gambling advice
• professional consulting advice

You are solely responsible for evaluating and relying upon any information obtained through the Service.

No Guarantees

We do not guarantee:

• the accuracy or completeness of any information, including, without limitation, any data output created by or derived from the Service or information thereon
• the performance of models or predictions
• uninterrupted availability
• error-free operation
• availability of the Service or any specific features or content on the Service

You acknowledge and agree that Company cannot and does not guarantee or warrant that files available for downloading or any links accessed from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND/OR ANY DATA OUTPUT FROM THE SERVICE IS/ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND ENDORSEMENTS, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICE AND ANY OF ITS DATA OUTPUTS, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICE OR ITS DATA OUTPUTS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, TRUTHFUL, COMPLETE, RELIABLE, OR ERROR FREE; (II) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE, OR SECURE; (III) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE SERVICE AND/OR ANY CONTENT THEREIN IS NON-INFRINGING.

No Reliance

You acknowledge that:

• analytical outputs may be inaccurate or incomplete
• statistical models are inherently uncertain
• use of the Service is at your own risk
• you are solely responsible for evaluating any information before relying upon it.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BERSERKER GROUP LTD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THE SERVICE.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) USD $100.

9. Indemnification

You agree to indemnify, defend, and hold harmless The Berserker Group Ltd and its affiliates, officers, employees, contractors, representatives, and agents from and against any claims, liabilities, losses, damages, judgments, expenses, and costs (including reasonable attorneys' fees) arising out of or related to:

• your use of the Service
• your violation of these Terms
• your violation of applicable law
• your infringement of third-party rights
• your use of Service data or outputs

10. Termination; Right to Monitor

You may stop using the Service at any time.

Company shall have the right, but shall not be obligated to, monitor User's access, history, and use of the Service from time to time or at any time, in any case without any prior notice to User. We may suspend or terminate your access to the Service at our discretion, with or without notice, for any reason or no reason, including without limitation, for violations of these Terms. Any termination of your use of the Service by Company shall be without any liability to Company.

Upon termination:

• your right to use the Service immediately ends
• we may deactivate or delete your account subject to legal and operational retention requirements
• provisions intended to survive termination will remain in effect

11. Dispute Resolution

Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, excluding conflict-of-law principles.

Jurisdiction

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the state and federal courts having jurisdiction in Dauphin County, Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by such courts and venue in such courts.

Informal Resolution

Before initiating formal legal proceedings, you agree to first contact us at support@fourthdowndata.com and attempt informal resolution of the dispute for at least 60 days.

12. Changes to These Terms

These Terms may be amended from time to time, with any such amendment(s) or amended Terms to be posted to the Service with an updated "last updated" date. No prior notice of any such amendment(s) shall be required to be delivered to you. All changes to the Terms are effective when posted by us. Your continued use of the Service following the posting of a revised policy means that you accept and agree to the revised Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

13. Miscellaneous

Entire Agreement

These Terms, together with the Privacy Policy and any referenced policies, constitute the entire agreement between you and us regarding the Service.

Severability

If any provision of these Terms is determined to be unenforceable, the remaining provisions will remain in effect.

No Waiver; Amendment

No failure or delay by Company in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. These Terms may be amended from time to time by Company, and no prior notice of any such amendment(s) shall be required to be delivered to User. All changes to the Terms are effective when posted by the Company.

Assignment

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

We may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

Third Party Beneficiaries

Nothing in these Terms, express or implied, is intended or shall be construed to confer upon any person or entity other than the parties hereto and their respective officers, directors, shareholders, members, any remedy or claim under or by reason of these Terms or any term, covenant, or condition hereto, as third party beneficiaries or otherwise, and all terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of the parties.

Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control, including acts of God, natural disasters, internet outages, labor disputes, war, terrorism, civil unrest, government actions, or failures of third-party providers.

14. Contact Us

Questions regarding these Terms may be sent to:

The Berserker Group Ltd

Email: support@fourthdowndata.com