Terms of Service

1. Agreement to these Terms

These Terms of Service (the “Terms”) govern your access to and use of the Factor Analytics website and everything on it (the “Service”). By creating an account, purchasing access, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

Please note that Section 17 contains an arbitration agreement and a class action waiver. They affect your legal rights, including your right to go to court.

2. What Factor Analytics is

Factor Analytics is a sports analytics platform that provides data-driven model outputs, including power rankings, game projections, and system signals, for College Basketball (CBB), the WNBA, and the NFL. The models are built and maintained by the Factor Analytics team and updated throughout each season.

3. Informational purpose only

All content on Factor Analytics, including projections, picks, rankings, system signals, win rates, and unit sizes, is provided for informational and entertainment purposes only. Nothing on the Service is financial advice, gambling advice, or a recommendation to place any wager. Results shown are historical, and past performance, including backtested performance, does not guarantee future results. We do not guarantee any outcome, winning percentage, or profit. Use the models as one input among many, and wager responsibly.

4. No affiliation

Factor Analytics is an independent company. We are not affiliated with, sponsored by, or endorsed by the NFL, the NCAA, the WNBA, any league, conference, school, or team, or any sportsbook or sports data provider. Team and league names are used only to identify the games and teams our models analyze, and all such names belong to their respective owners.

5. Eligibility

You must be at least 18 years old to create an account or purchase access. By doing so you confirm that you meet this requirement. Factor Analytics does not accept wagers, hold funds, or connect to any sportsbook. It publishes data and model output only. The legal age to place a sports wager is set by your own jurisdiction and is commonly 21 or older in the United States. Complying with the gambling laws that apply to you is your responsibility, not ours.

6. Accounts and free access

Some content is available without paying. At the time of writing, this includes the top 10 teams on each power rankings page and a limited number of free game projections per day. Free access is limited, and we may change what is free, or the limits that apply, at any time. The free projection limit is applied using your browser and network identifiers, as described in our Privacy Policy, and you agree not to circumvent it.

To use paid features you must create an account and purchase access. You are responsible for keeping your login credentials confidential and for all activity under your account. Accounts are for one person. You may not share your account with others.

7. Paid access, billing, and auto-renewal

Two kinds of paid access are available: a monthly subscription, and a 7-day pass. The price of each is shown on our pricing page and again at checkout before you pay. Prices are in US dollars, and applicable taxes, if any, are added at checkout.

Monthly subscription. This is a recurring subscription. It renews automatically each month, on the same date, at the price shown at checkout, and you authorize us to charge your payment method each month until you cancel. We may change the price of the monthly subscription. If we do, we will notify you by email in advance, the new price will apply only to renewals after the notice, and you may cancel before it takes effect.

7-day pass. This is a one-time purchase that grants access for 7 days from the time of purchase. It does not renew.

Upgrading from a 7-day pass. If you buy the monthly subscription while you hold an active 7-day pass with more than two days remaining, your monthly subscription begins with a free period that ends when your pass expires, and your first monthly charge is made at that time. If two days or fewer remain on your pass, your monthly billing begins immediately.

Payments are processed by Stripe. We do not see or store your full card number. By purchasing, you confirm that you are authorized to use the payment method.

8. Cancellation and refunds

Cancelling. You can cancel the monthly subscription at any time from your account page by choosing the billing option. Cancellation stops future renewals, and you keep access until the end of the billing period you have already paid for. To avoid being charged for the next period, cancel before the renewal date.

All sales are final. Our paid content is digital and available as soon as you purchase, so we do not provide refunds or credits for the monthly subscription, the 7-day pass, unused time, or partial billing periods, except where the law requires otherwise or where we agree in writing.

Billing mistakes. If you believe you were charged in error, for example a duplicate charge, email us at factoranalyticsapp@gmail.com within 30 days of the charge and we will review it. Please contact us before disputing a charge with your bank or card issuer. We may suspend an account that is the subject of a payment dispute or chargeback while it is resolved.

9. Responsible gambling

Sports wagering carries real financial risk and can become harmful. Never wager money you cannot afford to lose, and do not treat any model output on this site as a reason to increase the size or frequency of your wagers. If gambling is causing you or someone you know harm, free and confidential help is available: call 1-800-GAMBLER, Text 800GAM, or visit National Council on Problem Gambling.

10. Prohibited uses

You may not: scrape, copy, redistribute, or resell any content from the Service; use automated tools, bots, or scripts to access the Service at scale; share your account credentials with others; use multiple accounts, devices, or networks to get around free access limits; attempt to circumvent any access control or paywall; interfere with or disrupt the Service or its security; or use the Service for any unlawful purpose.

11. Intellectual property

All model logic, system designs, data outputs, text, graphics, and other content on the Service are owned by Factor Analytics or its licensors and are protected by law. We grant you a limited, personal, non-exclusive, non-transferable license to access and use the Service and its content for your own personal, non-commercial use. No content may be reproduced, republished, or distributed without our prior written permission.

12. Third-party data and services

The Service relies on data and services from third parties, and may link to third-party websites. We do not control third-party data, services, or sites, and we are not responsible for their accuracy, availability, or content. Data from outside sources may be delayed, incomplete, or wrong, and our outputs depend on it.

13. Service availability and changes

We work to keep the Service running, but we do not promise that it will be uninterrupted, timely, or error-free. We may change, add, or remove features, sports, models, or content, and may suspend the Service for maintenance or other reasons, at any time.

14. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

15. Limitation of liability

To the fullest extent permitted by law, Factor Analytics will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, wagers, winnings, data, or goodwill, arising from or related to your use of or reliance on the Service, even if we have been told such losses are possible. To the fullest extent permitted by law, our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim arose or $100. Nothing in these Terms limits liability that cannot be limited under applicable law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Factor Analytics and its owners and agents from any claims, losses, liabilities, and expenses, including reasonable attorneys' fees, arising from your violation of these Terms, your misuse of the Service, or your violation of any law or the rights of another person.

17. Dispute resolution: arbitration and class action waiver

Please read this section carefully. It affects your legal rights.

Try to resolve it informally first. If you have a dispute with us, email factoranalyticsapp@gmail.com with a description of the problem and what you are asking for. We will both try in good faith to resolve it within 30 days before either of us starts an arbitration or court case.

Binding arbitration. If we cannot resolve the dispute informally, you and Factor Analytics each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration, and not in court. YOU AND WE EACH GIVE UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO A JURY TRIAL. An arbitrator will decide the dispute instead of a judge or jury, and arbitration is generally less formal than court, with more limited review of the decision. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at adr.org. The arbitration may be conducted by phone, by video, or in writing, or, if an in-person hearing is needed, in the county where you live. The Federal Arbitration Act governs this section. Judgment on the award may be entered in any court that has jurisdiction.

Class action waiver. You and we each agree that any dispute will be brought only in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may not combine more than one person's claims and may not preside over any class or representative proceeding. If this waiver is found to be unenforceable for a particular claim, that claim (and only that claim) must be brought in court instead, and the rest of this section still applies.

Exceptions. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may also ask a court for an injunction to stop the unauthorized use or abuse of the Service or of intellectual property.

Your right to opt out. You may opt out of this arbitration agreement and class action waiver by emailing factoranalyticsapp@gmail.com within 30 days after you first create your account, with the subject line “Arbitration opt-out” and the email address on your account. If you opt out, the court provisions in Section 18 apply to any dispute.

18. Governing law

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of law rules, except that the Federal Arbitration Act governs the arbitration agreement in Section 17. For any dispute that is not subject to arbitration, you and we agree that it will be brought in the state or federal courts located in New Jersey, and you consent to personal jurisdiction and venue there.

19. Account termination

You may stop using the Service and close your account at any time. We may suspend or terminate your account at any time if you violate these Terms, engage in prohibited uses, or for any other reason at our discretion. If your account is terminated for a violation of these Terms, no refund will be issued. If we terminate your account for reasons unrelated to a violation, we will refund the unused portion of any paid period, which is the only circumstance in which we issue a refund under Section 8.

20. Severability and entire agreement

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect. These Terms and our Privacy Policy are the entire agreement between you and us about the Service, and replace any earlier understanding.

21. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the effective date at the top of this page, and for material changes we will give notice by email or on the Service. Continued use of the Service after changes take effect means you accept the updated Terms. If you do not accept them, stop using the Service and cancel any subscription.

22. Contact

Questions about these Terms? Email us at factoranalyticsapp@gmail.com.