Terms of Service

1. Eligibility

You must be at least 18 years old 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 applicable law
• you are not prohibited from using the Service under any applicable law or regulation

The Service is intended primarily for users located in the United States.

2. Accounts

Account Registration

Certain features require an account. You agree to provide accurate and complete information and to keep your account information updated.

You are responsible for all activity occurring under your account.

Account Security

You are responsible for maintaining the confidentiality of your login credentials.

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. Features and availability may change at any time.

Paid Subscriptions

Certain features require a paid subscription ("Pro").

By subscribing, you authorize us and our payment processor, Stripe, to charge the applicable subscription fees 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 agree not to:

• violate any applicable law or regulation
• use the Service for unlawful, fraudulent, or abusive purposes
• use the Service to facilitate, operate, or promote unauthorized gambling or wagering activity
• 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, decompile, or attempt to derive source code or underlying systems
• interfere with the integrity or performance of the Service
• introduce malware, malicious code, or harmful automated processes
• 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

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, visualizations, text, graphics, branding, and materials are owned by The Berserker Group Ltd or its licensors and are protected by intellectual property laws.

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.

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.

Team names, league names, school names, conference names, logos, trademarks, and related 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, 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.

You retain ownership of your submitted content.

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 information
• the performance of models or predictions
• uninterrupted availability
• error-free operation
• availability of specific features or content

Past performance does not guarantee future results.

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.

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless The Berserker Group Ltd and its affiliates, officers, employees, contractors, 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 misuse of Service data or outputs

10. Termination

You may stop using the Service at any time.

We may suspend or terminate your access to the Service at our discretion, with or without notice, including for violations of these Terms.

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

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Governing Law

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

Jurisdiction

Any disputes arising from or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Pennsylvania, and you consent to the jurisdiction of those 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.

Arbitration and Class Action Waiver

Certain arbitration and class action waiver provisions may be added or modified following formal legal review and updates to these Terms.

12. Changes to These Terms

We may modify these Terms from time to time.

When material changes are made, we will update the "Last Updated" date and may provide additional notice where appropriate.

Your continued use of the Service after updated Terms become effective constitutes acceptance of the revised Terms.

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

Failure to enforce any provision 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 freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

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