Terms of Service

IMPORTANT — PLEASE READ CAREFULLY: These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Branzite LLC, a United States limited liability company (“Company,” “we,” “us,” or “our”), governing your access to and use of the StatMotive mobile application (“App”), website (statmotive.com), and all related services (collectively, the “Service”). By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

1. Description of Service

StatMotive is an AI-powered sports analytics platform that provides statistical projections, player performance metrics, historical data analysis, and related informational content for professional sports, including but not limited to the National Basketball Association (“NBA”). The Service uses proprietary machine learning models, statistical algorithms, and data analysis methodologies to generate player projections and analytical insights.

2. Disclaimers Regarding Projections and Information

2.1 Not Financial, Gambling, or Professional Advice
THE PROJECTIONS, PREDICTIONS, STATISTICS, ANALYTICAL DATA, AND ALL OTHER INFORMATION PROVIDED THROUGH THE SERVICE (COLLECTIVELY, “PROJECTIONS”) ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. PROJECTIONS DO NOT CONSTITUTE AND SHALL NOT BE CONSTRUED AS FINANCIAL ADVICE, INVESTMENT ADVICE, GAMBLING ADVICE, BETTING RECOMMENDATIONS, OR PROFESSIONAL ADVICE OF ANY KIND.

2.2 No Advisory Relationship
Your use of the Service does not create any advisory, fiduciary, consultative, or professional relationship between you and the Company. We are not financial advisors, sports betting consultants, gambling advisors, or licensed professionals in any jurisdiction. No communication from the Company, whether through the App, website, email, social media, or otherwise, shall be deemed to create such a relationship.

2.3 No Guarantee of Accuracy
ALL PROJECTIONS ARE INHERENTLY UNCERTAIN AND MAY BE INACCURATE, INCOMPLETE, OUTDATED, OR MATERIALLY DIFFERENT FROM ACTUAL OUTCOMES. The Company makes no representation, warranty, or guarantee regarding the accuracy, reliability, completeness, timeliness, or usefulness of any Projections. Past performance of our models does not guarantee future accuracy. Projections are subject to change without notice based on new data, algorithmic updates, injury reports, lineup changes, or any other factors.

2.4 Assumption of Risk
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON PROJECTIONS IS AT YOUR SOLE AND EXCLUSIVE RISK. Any decisions you make — including but not limited to sports betting, daily fantasy sports entries, wagering of any kind, or any other financial decisions — based in whole or in part on information obtained through the Service are made entirely at your own discretion and risk. The Company shall bear no responsibility or liability whatsoever for any losses, damages, or negative outcomes resulting from such decisions.

2.5 Independent Verification Required
You are strongly encouraged to conduct your own independent research, verify all information independently from multiple sources, and consult with qualified financial, legal, or other professional advisors before making any decisions based on our Projections.

2.6 Third-Party Data
Projections rely on data sourced from third-party providers, including but not limited to sports leagues, statistical databases, and public data sources. The Company does not independently verify all third-party data and is not responsible for errors, omissions, or inaccuracies in data provided by external sources.

3. Eligibility and Age Requirements

You must be at least twenty-one (21) years of age to use the Service. By using the Service, you represent and warrant that you are of legal age in your jurisdiction. The Service is not directed to individuals under 21 years of age, and we do not knowingly collect personal information from anyone under 21. You are solely responsible for ensuring that your use of the Service, including your use of any Projections in connection with gambling or wagering, complies with all applicable laws and regulations in your jurisdiction.

4. The Service Is Not a Gambling Platform

StatMotive does not operate as a gambling platform, sportsbook, betting exchange, or daily fantasy sports operator. The Service does not:

• Accept, facilitate, or process any wagers, bets, or gambling transactions;
• Provide any mechanism for placing bets or engaging in gambling;
• Hold, manage, or distribute gambling funds or credits;
• Partner with, integrate with, or act as an agent for any sportsbook, betting operator, or gambling platform;
• Endorse, recommend, or promote gambling or any specific gambling operator.

5. Subscription and Payment Terms

5.1 Free and Premium Tiers
The Service offers a limited free tier that provides access to basic projections for a restricted number of players. Full access to all players, advanced analytics, and premium features requires a paid subscription (“Premium Subscription”).

5.2 Billing and Automatic Renewal
Premium Subscriptions are billed on a recurring basis (weekly, monthly, or annually, as selected at the time of purchase). YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE RENEWAL DATE. You authorize the Company (or its payment processor) to charge your designated payment method for all applicable fees.

5.3 Cancellation
You may cancel your Premium Subscription at any time through: (a) the subscription management settings within the App; (b) your Apple App Store or Google Play Store account settings; or (c) by contacting support at support@statmotive.com. Cancellation will take effect at the end of the current billing period. Deleting the App does not automatically cancel your subscription.

5.4 Refund Policy
Subscription fees are generally non-refundable except as required by applicable law or as otherwise stated in the applicable app store’s refund policy. The Company does not provide refunds for partial billing periods.

5.5 Price Changes
The Company reserves the right to modify subscription prices with at least thirty (30) days’ written notice. Continued use of the Service after the price change takes effect constitutes acceptance of the new price.

6. User Accounts and Conduct

6.1 Account Registration
You may be required to create an account to access certain features of the Service. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

6.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account.

6.3 Prohibited Conduct
You agree not to: (a) use the Service for any unlawful purpose; (b) attempt to reverse-engineer, decompile, or extract the source code, algorithms, or underlying models of the Service; (c) scrape, crawl, or use automated means to access or collect data from the Service; (d) resell, redistribute, or commercially exploit the Service or any Projections without our prior written consent; (e) interfere with or disrupt the Service or its infrastructure; (f) circumvent any access restrictions or technological protection measures; or (g) impersonate any person or entity in connection with the Service.

7. Intellectual Property

All content, features, functionality, algorithms, models, Projections, trademarks, service marks, trade names, logos, and other intellectual property displayed on or through the Service are the exclusive property of the Company or its licensors and are protected by United States and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms. You may not copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any information, content, or Projections obtained from the Service without the Company’s prior written consent.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) THE COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR ANY FINANCIAL LOSSES, GAMBLING LOSSES, BETTING LOSSES, OR ANY OTHER LOSSES OR DAMAGES RESULTING FROM YOUR RELIANCE ON ANY PROJECTIONS OR INFORMATION PROVIDED THROUGH THE SERVICE. (c) IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100.00).

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Company does not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the Projections will be accurate, complete, or reliable; (c) any errors in the Service will be corrected; or (d) the Service will meet your expectations or requirements.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, members, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any betting, gambling, or wagering decisions you make based on Projections; or (e) your violation of any third-party rights.

11. Dispute Resolution and Arbitration

11.1 Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) shall be resolved exclusively through binding individual arbitration, rather than in court, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction.

11.2 Class Action Waiver
YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

11.3 Arbitration Procedure
Arbitration shall be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.4 Statute of Limitations
Any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the cause of action accrues, or such claim shall be permanently barred.

12. Responsible Gaming

While the Service is strictly informational and does not facilitate gambling, we recognize that some users may use our Projections in connection with sports betting. We encourage all users to gamble responsibly and within their means. If you or someone you know has a gambling problem, please contact the National Problem Gambling Helpline at 1-800-522-4700 (available 24/7) or visit the National Council on Problem Gambling at www.ncpgambling.org.

13. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and protect your personal information.

14. Modifications to Terms

The Company reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms within the App or on our website and updating the “Effective Date” at the top of these Terms. Your continued use of the Service after any modifications constitutes acceptance of the updated Terms.

15. Termination

The Company may suspend or terminate your access to the Service at any time, with or without cause and with or without notice, including for any violation of these Terms. Upon termination, your right to use the Service will immediately cease. Sections 2, 7, 8, 9, 10, 11, and 16 shall survive any termination of these Terms.

16. General Provisions

16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

16.2 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous agreements, understandings, or representations.

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

16.4 Waiver
The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.5 Assignment
You may not assign or transfer these Terms or your rights under these Terms without the Company’s prior written consent. The Company may freely assign these Terms.

17. Contact Information

If you have any questions about these Terms, please contact us at:
Branzite LLC
Email: legal@statmotive.com
Website: statmotive.com

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.