PowerPlay DFS — Terms of Service
Effective date: [EFFECTIVE DATE] Last updated: [LAST UPDATED DATE]
These Terms of Service ("Terms") are a binding agreement between you ("you," "your," or "User") and [COMPANY LEGAL NAME], a [ENTITY TYPE, e.g. Delaware limited liability company] ("PowerPlay," "we," "us," or "our"), which operates the website, applications, and services made available at [PRODUCT URL] (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY. They contain important information about your legal rights, remedies, and obligations, including disclaimers (Section 2 and Section 10), a limitation of liability (Section 11), and [IF ADOPTED] a binding arbitration provision and class-action waiver (Section 13) that affect how disputes between you and PowerPlay are resolved.
0. WHAT POWERPLAY IS — AND IS NOT (Read this first)
PowerPlay is an analytics and information tool for esports (League of Legends, Dota 2, Counter-Strike 2, Valorant). We generate statistical, model-based projections for esports players and present them alongside publicly available player-prop lines offered by unaffiliated third-party daily-fantasy-sports ("DFS") and prop applications (for example, PrizePicks, Underdog, Betr, Dabble, ParlayPlay, Sleeper, and Courtside) so that you can research and compare.
PowerPlay is NOT a sportsbook, DFS operator, bookmaker, gambling operator, casino, or money-transmitter. We do not:
- accept, place, broker, or facilitate any bet, wager, entry, or contest;
- hold, accept, escrow, or transmit any stake, deposit, or user funds;
- pay out, guarantee, or share in any winnings, prizes, or losses;
- act as a party to, agent of, or affiliate of any DFS app, sportsbook, or league.
Any wager, contest entry, or fantasy lineup you choose to place, you place yourself, directly with a separate, unaffiliated third-party operator, under that operator's own terms and subject to your own legal eligibility. The projections, expected-value ("EV") figures, suggested stakes (including any "Kelly" sizing), lineups, and any other output of the Service are information and opinion only. What you do with that information is your decision and your responsibility. This distinction runs through the entire agreement below.
1. Acceptance, Eligibility, and Jurisdiction
1.1 Acceptance. By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our [PRIVACY POLICY], which is incorporated by reference. If you do not agree, do not use the Service.
1.2 Age requirement. You must be at least [18 / 21 — FOUNDER DECISION, see final section] years old to create an account or use the Service. The Service is not directed to and may not be used by anyone under that age. We may require age verification and may refuse or terminate access if we believe you do not meet the age requirement. [Attorney note: several states set the minimum age for real-money DFS/sports wagering at 21, and even though PowerPlay does not itself take wagers, aligning the tool's minimum age with the strictest applicable downstream jurisdiction reduces "aiding a minor" and marketing-to-minors exposure. Confirm with counsel.]
1.3 Capacity and authority. You represent that you are able to form a binding contract, that you are not barred from using the Service under the laws of any applicable jurisdiction, and that your use will comply with all applicable laws.
1.4 Jurisdiction and restricted locations. The legality of DFS, player-prop contests, and sports wagering — and of tools that support them — varies significantly by US state and by country, and changes frequently. PowerPlay makes no representation that the Service or the underlying DFS activity is lawful in your location. You are solely responsible for determining whether your access to the Service and any downstream activity you undertake is legal where you are.
We reserve the right to restrict or block access to some or all of the Service from any jurisdiction in our sole discretion, including by geolocation, IP filtering, or account controls, and to designate certain states or countries as "Restricted Jurisdictions." [Placeholder — the current list of Restricted Jurisdictions, if any, will be maintained at [LINK] / listed here: [LIST]. FOUNDER + ATTORNEY DECISION — see final section.] Attempting to evade geographic or eligibility restrictions (for example, via VPN, proxy, or falsified location) is a material breach of these Terms.
1.5 Not for prohibited persons. You may not use the Service if you are on any government sanctions or restricted-party list, or if you are otherwise legally prohibited from receiving the Service.
2. Description of the Service and Key Disclaimers
2.1 What we provide. Subject to these Terms, the Service may offer: model-generated player projections across supported esports; comparison of those projections against third-party DFS/prop lines; a lineup / parlay builder that computes EV, suggested stake sizing (including Kelly-style sizing), and related metrics; a public track-record / grading page; and social features (posting lineups, "tailing" or "fading" other users, leaderboards, and profiles). Features may be added, changed, or removed at any time.
2.2 Informational purpose only — no advice. All Service output is provided for general informational and entertainment purposes only. Nothing on the Service is, or should be construed as:
- betting, wagering, or handicapping advice or a recommendation to place any specific bet or entry;
- financial, investment, tax, accounting, or legal advice; or
- an offer, solicitation, or inducement to gamble or to enter any contest.
You should not treat any projection, EV number, suggested stake, lineup, or ranking as a directive to act. You are solely responsible for your own decisions, including whether to place any entry, how much (if anything) to risk, and with which operator.
2.3 No guarantee of accuracy. Projections are the output of statistical models applied to imperfect, third-party, and rapidly changing data (rosters, patches, meta shifts, cancellations, data-feed errors, etc.). We do not warrant that any projection, line, EV calculation, grade, or other output is accurate, complete, current, or error-free. Models can be and will sometimes be wrong.
2.4 No guarantee of winnings; past performance. We do not and cannot guarantee any winnings, profit, return, or successful outcome of any kind. Any track record, historical grade, win rate, ROI, "hit rate," or performance statistic we display describes the past and is not a promise or prediction of future results. Past performance does not guarantee or indicate future results. Individual results will vary, and many Users will lose money on downstream DFS/wagering activity.
2.5 Gambling risk and responsible play. DFS and sports-betting-style activities involve real financial risk and can be addictive. Only you can decide what, if anything, is appropriate for you, and you should never risk money you cannot afford to lose. If you or someone you know may have a gambling problem, help is available:
- National Problem Gambling Helpline (US): call or text 1-800-522-4700, or visit ncpgambling.org.
- Many states operate their own helplines and self-exclusion programs.
PowerPlay does not accept wagers and therefore cannot itself enroll you in a betting self-exclusion program; self-exclusion and deposit/wager limits must be set with each DFS app or sportsbook directly. You may, however, close your PowerPlay account at any time (see Section 12), and we may honor reasonable requests to disable promotional communications. [Attorney note: consider adding an optional in-product "cool-off"/account-hiding feature and confirm any state-specific responsible-gaming disclosure obligations that may reach ancillary tools.]
3. Accounts
3.1 Registration. Some features require an account. Accounts are created through our authentication provider ([Supabase]) using an email address and a handle/username. You agree to provide accurate, current, and complete information and to keep it updated.
3.2 Security. You are responsible for safeguarding your credentials and for all activity under your account. You agree to notify us promptly at [SECURITY/CONTACT EMAIL] of any unauthorized use or suspected breach. We are not liable for losses arising from your failure to secure your account.
3.3 One account per person. Unless we expressly authorize otherwise, you may maintain only one account, and you may not create an account using another person's identity or a false identity. Creating multiple or fake accounts — including to manipulate leaderboards, evade restrictions, or abuse promotions — is prohibited.
3.4 Handles and profiles. Your handle and any public profile content must comply with Section 4 and Section 5. We may reclaim, rename, or remove handles that are misleading, infringing, offensive, or that impersonate others.
3.5 Suspension and termination. We may suspend, limit, or terminate your account at any time as described in Section 12.
4. Acceptable Use / Prohibited Conduct
You agree not to, and not to help or permit anyone else to:
- Scrape, crawl, harvest, cache, or bulk-download data, projections, lines, grades, or other content from the Service except as expressly permitted, or through any means other than our provided interfaces;
- Access the Service through bots, scripts, or other automated means, or place unreasonable load on our infrastructure (including the projection/board servers and API endpoints);
- Resell, sublicense, redistribute, or commercially exploit the Service, its output, or its data, or use it to build or train a competing product, model, or dataset, without our prior written consent;
- Manipulate, game, or falsify leaderboards, track records, or social metrics — including via fake accounts, coordinated tailing/fading, wash activity, backdated or fabricated lineups, or exploiting bugs;
- Reverse engineer, decompile, or attempt to derive our models, source code, or algorithms, except to the extent this restriction is prohibited by law;
- Harass, threaten, defame, stalk, spam, or abuse other users or our staff, or post content that is unlawful, hateful, sexually exploitative, or otherwise objectionable (see Section 5), in social posts, handles, comments, or leaderboards;
- Circumvent geographic, eligibility, rate-limiting, authentication, or security controls;
- Introduce malware, attempt unauthorized access, probe or test vulnerabilities, or interfere with the integrity or performance of the Service;
- Use the Service to violate any law or the terms of any third-party service (including any DFS app or league), or to facilitate gambling by anyone who is underage or in a jurisdiction where it is unlawful;
- Misrepresent your affiliation with PowerPlay or with any third party.
Violations may result in immediate suspension or termination and, where warranted, referral to law enforcement.
5. User-Generated Content
5.1 Your content. The Service lets you create, post, and share content — including lineups, parlays, picks, comments, profile text, handles, and other materials ("User Content"). You are solely responsible for your User Content and represent that you have all rights necessary to post it and that it does not violate these Terms or any law or third-party right.
5.2 License to PowerPlay. You retain ownership of your User Content. You grant PowerPlay a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, distribute, adapt, publish, and otherwise use your User Content in connection with operating, providing, promoting, and improving the Service (for example, to show your posted lineup to users who tail it, to display leaderboards, and to feature public track records). This license continues for User Content you have made public or that others have interacted with (e.g., tailed) even after you delete your account, to the extent necessary to preserve the integrity of shared/social features and historical records; otherwise it ends when you delete the content or account. [Attorney to confirm scope and survival.]
5.3 Feedback. If you send us ideas, suggestions, or feedback, you grant us an unrestricted, perpetual, royalty-free right to use it without obligation to you.
5.4 Moderation. We may, but are not obligated to, monitor, review, moderate, edit, refuse, remove, or restrict any User Content or account for any reason, including suspected violation of these Terms — with or without notice. We are not responsible for User Content, and any views expressed in User Content are those of the user, not PowerPlay.
5.5 No reliance on other users' content. Lineups, picks, "tails/fades," and opinions posted by other users are not vetted or endorsed by PowerPlay and are subject to all disclaimers in Section 2. Tailing or fading another user is entirely at your own risk.
5.6 Copyright / DMCA. We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content on the Service infringes your copyright, send a notice with the required elements (identification of the work and the allegedly infringing material, your contact information, a good-faith statement, a statement under penalty of perjury that you are authorized to act, and your signature) to our Designated Agent:
Copyright Agent: [DMCA AGENT NAME] Email: [DMCA EMAIL] Mailing address: [DMCA MAILING ADDRESS]
We may remove allegedly infringing content and terminate repeat infringers. A user whose content is removed may submit a counter-notice as permitted by law. [Attorney: register the Designated Agent with the US Copyright Office.]
6. Intellectual Property; Trademark and Affiliation Disclaimers
6.1 Our IP. The Service — including our projections, models, algorithms, EV/grading methodology, software, databases, design, text, graphics, the "PowerPlay" name and logo, and all related intellectual property — is owned by or licensed to PowerPlay and is protected by law. Except for the limited right to use the Service under these Terms, no rights are granted to you. You may not use our branding without our prior written permission.
6.2 No affiliation or endorsement. PowerPlay is an independent third party. We are not affiliated with, sponsored by, endorsed by, or in any way officially connected to:
- Riot Games, Inc. (League of Legends, Valorant), Valve Corporation (Dota 2, Counter-Strike 2), or any other game publisher;
- any esports league, team, organizer, or player; or
- PrizePicks, Underdog, Betr, Dabble, ParlayPlay, Sleeper, Courtside, or any other DFS app, sportsbook, or operator.
All product names, logos, team names, player names, league names, and trademarks are the property of their respective owners. Any reference to them is nominative — for identification and comparison only — and does not imply any endorsement, affiliation, or partnership. Use of such marks on the Service is not a claim of ownership. [Attorney: consider a visible on-page disclaimer and confirm nominative-fair-use posture, including for player-name/likeness and any publisher IP/API terms.]
7. Third-Party Services and Links
The Service references, compares against, and may link to third-party services, including DFS apps, sportsbooks, data providers, and league or publisher sites (collectively, "Third-Party Services"). PowerPlay does not control, operate, endorse, or assume any responsibility for Third-Party Services, including their lines, odds, contest rules, availability, legality, payouts, account handling, data accuracy, or privacy practices. Your dealings with any Third-Party Service are solely between you and that third party and are governed by that third party's terms and policies. We are not liable for any loss or damage arising from your use of, or reliance on, any Third-Party Service. Line and odds data shown on the Service may be delayed, cached, or inaccurate; always verify on the operator's own platform before acting.
8. Payment, Subscriptions, and Renewals
[FOUNDER DECISION — is there a paid tier at launch? The following is scaffolding to complete with counsel if you charge. If the Service is free at launch, replace this Section with a statement that the Service is currently provided free of charge and that these terms will be updated before any paid features are introduced.]
8.1 Fees. Certain features may require a paid subscription or one-time purchase ("Paid Services"). Prices, billing frequency, and features will be disclosed at the point of purchase. All fees are stated in [CURRENCY] and are exclusive of taxes unless stated.
8.2 Billing and authorization. By purchasing Paid Services, you authorize us and our payment processor ([STRIPE / OTHER]) to charge your payment method for the amounts due. You represent that you are authorized to use the payment method provided.
8.3 Auto-renewal. [IF APPLICABLE] Subscriptions automatically renew at the end of each billing period at the then-current price until you cancel. You may cancel at any time at [CANCELLATION METHOD/LINK]; cancellation takes effect at the end of the current billing period. Auto-renewal / recurring-billing disclosures required by California's Automatic Renewal Law, the federal "Click-to-Cancel"/ROSCA framework, and the EU Consumer Rights Directive must be presented clearly and conspicuously at sign-up, with affirmative consent and an easy online cancellation path — attorney to implement.
8.4 Refunds. [FOUNDER DECISION — refund policy. Draft option:] Except where required by law, fees are non-refundable and there are no refunds or credits for partially used periods. EU/UK and certain US consumers may have statutory withdrawal/refund rights that override this — attorney to confirm and add the required consumer withdrawal-right language and any waiver-of-withdrawal consent for immediately delivered digital services.
8.5 Price changes. We may change prices prospectively; we will give notice as required by law before a change affects a renewal.
8.6 Taxes. You are responsible for any applicable taxes other than taxes on our net income.
9. [Reserved / Beta Features]
The Service, or parts of it, may be offered as beta, preview, or experimental features provided "as is," with no support commitment, and may be changed or discontinued at any time. [Optional — delete if not needed.]
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT AND OUTPUT (INCLUDING PROJECTIONS, LINES, EV FIGURES, SUGGESTED STAKES, GRADES, TRACK RECORDS, AND USER CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PowerPlay expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.
Without limiting the above, PowerPlay does not warrant that: (a) the Service will be uninterrupted, secure, timely, or error-free; (b) any projection, line, EV, grade, or other output is accurate, reliable, or will produce any particular result; (c) defects will be corrected; or (d) the Service or its servers are free of harmful components. No advice or information obtained from the Service creates any warranty not expressly stated here. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) IN NO EVENT WILL POWERPLAY OR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST WINNINGS, LOST BETS OR ENTRIES, GAMBLING OR TRADING LOSSES, LOST DATA, LOST GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) WITHOUT LIMITING (a), POWERPLAY IS NOT LIABLE FOR ANY MONEY YOU WIN OR LOSE, OR ANY DECISION YOU MAKE, IN CONNECTION WITH ANY DFS APP, SPORTSBOOK, OR OTHER THIRD PARTY, OR FOR ANY RELIANCE ON PROJECTIONS OR OTHER OUTPUT.
(c) POWERPLAY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNTS YOU PAID TO POWERPLAY FOR THE SERVICE IN THE [TWELVE (12)] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) [US $100].
These limitations are a fundamental basis of the bargain between you and PowerPlay. Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you; in that case liability is limited to the greatest extent permitted by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless PowerPlay and its owners, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms or any law; (d) your infringement or violation of any third-party right; or (e) any DFS entry, wager, or other activity you undertake with a third party. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.
13. Dispute Resolution (FOUNDER + ATTORNEY DECISION)
[The provisions below are a template for a US-style arbitration + class-waiver regime. Whether to adopt arbitration, a class-action waiver, and which body/rules to use are significant decisions with tradeoffs — attorney to finalize, and note that mass-arbitration, consumer-protection, and EU/UK rules may limit enforceability. If you choose court litigation instead, replace 13.2–13.5 with a forum-selection and jury-waiver clause.]
13.1 Informal resolution first. Before starting any formal proceeding, you agree to contact us at [DISPUTES EMAIL] and attempt to resolve the dispute informally for at least [30/60] days.
13.2 [OPTIONAL] Binding arbitration. Any dispute not resolved informally will be resolved by final and binding individual arbitration administered by [AAA / JAMS] under its [applicable consumer rules], rather than in court, except that either party may bring an individual claim in small-claims court.
13.3 [OPTIONAL] Class-action waiver. You and PowerPlay agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims.
13.4 [OPTIONAL] Arbitration opt-out. You may opt out of arbitration by sending written notice to [OPT-OUT EMAIL/ADDRESS] within 30 days of first accepting these Terms.
13.5 Governing law and venue. These Terms are governed by the laws of the State of [GOVERNING-LAW STATE], without regard to its conflict-of-laws rules, and, where applicable, the Federal Arbitration Act. To the extent any dispute is not subject to arbitration, you and PowerPlay consent to the exclusive jurisdiction and venue of the state and federal courts located in [COUNTY, STATE], and each party waives any objection to that venue. [Note: consumer-protection statutes in a user's home state, and non-US law, may override these choices — attorney to confirm.]
14. Termination
14.1 By you. You may stop using the Service and delete your account at any time via [ACCOUNT DELETION METHOD] or by contacting [CONTACT EMAIL].
14.2 By us. We may suspend or terminate your access to all or part of the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms, created legal risk, or engaged in prohibited conduct.
14.3 Effect. On termination, your right to use the Service ends immediately. Sections that by their nature should survive — including Sections 2, 5.2–5.3, 6, 7, 10, 11, 12, 13, and 15 — survive termination. As noted in Section 5.2, certain public or interacted-with User Content may be retained to preserve the integrity of social and track-record features. Data handling on termination is further described in the [PRIVACY POLICY].
15. General
15.1 Changes to these Terms. We may modify these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new "Last updated" date or by notifying you in-product or by email). Changes are effective when posted unless stated otherwise; your continued use after changes take effect constitutes acceptance. If you do not agree, stop using the Service.
15.2 Entire agreement. These Terms, together with the [PRIVACY POLICY] and any policies referenced here, are the entire agreement between you and PowerPlay regarding the Service and supersede any prior agreements.
15.3 Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain in full force.
15.4 No waiver. Our failure to enforce any provision is not a waiver of it.
15.5 Assignment. You may not assign these Terms without our consent. We may assign them freely, including in connection with a merger, acquisition, or sale of assets.
15.6 Relationship. No agency, partnership, joint venture, or employment relationship is created by these Terms.
15.7 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
15.8 Notices and contact. Questions or notices under these Terms may be sent to:
[COMPANY LEGAL NAME] [MAILING ADDRESS] Email: [CONTACT EMAIL]