Feeling Clutch Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Feeling Clutch website, applications, services, data, analytics, statistics, rankings, projections, predictions, models, content, alerts, reports, and related features (collectively, the “Services”).

The Services are provided by Feeling Clutch (“Feeling Clutch,” “we,” “us,” or “our”).

By accessing or using the Services, creating an account, purchasing a subscription, or otherwise using Feeling Clutch data or content, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Services.

1. Important Sports Betting and Gambling Disclaimer

FEELING CLUTCH IS AN INFORMATION AND ANALYTICS SERVICE. FEELING CLUTCH IS NOT A SPORTSBOOK, CASINO, GAMBLING OPERATOR, BETTING EXCHANGE, BOOKMAKER, OR WAGERING SERVICE.

Feeling Clutch may provide sports statistics, historical data, analytics, rankings, projections, probabilities, model outputs, opinions, predictions, or other information relating to sporting events or player performance.

Nothing provided through the Services constitutes a guarantee, promise, representation, or assurance that any prediction, projection, recommendation, model, selection, or anticipated outcome will be correct or profitable.

Sports outcomes are inherently uncertain. Predictions can and will be wrong.

Feeling Clutch does not encourage, solicit, arrange, accept, facilitate, or recommend that any user place a wager. Nothing contained in the Services should be interpreted as an instruction or recommendation to gamble.

Any decision you make to wager, gamble, enter a fantasy contest, participate in a prediction market, or otherwise risk money or anything of value is made voluntarily, independently, and entirely at your own risk.

YOU ARE SOLELY RESPONSIBLE FOR ANY BETS, WAGERS, FINANCIAL DECISIONS, LOSSES, TAXES, FEES, OR OTHER CONSEQUENCES ARISING FROM YOUR USE OR INTERPRETATION OF FEELING CLUTCH DATA.

2. No Guarantee of Results

Feeling Clutch does not warrant or guarantee:

• the accuracy of any prediction or projection;
• the outcome of any sporting event;
• the performance of any player or team;
• that historical performance will continue;
• that any strategy will be profitable;
• that any particular wager will win;
• that using the Services will result in a financial gain;
• any particular return on investment;
• the accuracy or continued availability of third-party data; or
• that the Services will identify every relevant factor affecting an event or outcome.

Probabilities, confidence scores, rankings, ratings, expected values, model outputs, and similar metrics are estimates based on available information and analytical methodologies. They are not statements of certainty.

Past performance is not indicative of future results.

3. Not Financial, Investment, Legal, or Gambling Advice

The Services are provided for informational, analytical, educational, and entertainment purposes only.

Nothing provided by Feeling Clutch constitutes financial, investment, legal, tax, gambling, or other professional advice.

You should make your own independent decisions and, where appropriate, consult qualified professional advisors.

Feeling Clutch does not act as your fiduciary, financial advisor, gambling advisor, agent, representative, bookmaker, or broker.

4. User Responsibility

You acknowledge and agree that you are solely responsible for evaluating the usefulness, accuracy, completeness, and appropriateness of any information provided through the Services.

If you choose to use Feeling Clutch information in connection with wagering or any other activity involving financial risk, you do so entirely at your own discretion and risk.

Before placing any wager, you are responsible for independently confirming information including, without limitation:

• event dates and start times;
• player availability;
• injuries;
• starting lineups;
• weather;
• odds;
• lines;
• spreads;
• totals;
• sportsbook rules;
• market availability;
• event cancellations or postponements; and
• any other information relevant to your decision.

Information can change rapidly, and Feeling Clutch is not responsible for changes occurring after data is collected, calculated, published, displayed, or communicated.

5. Legal and Responsible Use

You may use the Services only for lawful purposes.

You are solely responsible for determining whether sports wagering, fantasy sports, prediction markets, or any other activity in which you participate is legal in your jurisdiction.

You may not use the Services to violate any federal, state, provincial, local, or international law or regulation.

Where applicable, you must satisfy the legal age requirements governing gambling or wagering activities in your jurisdiction before participating in those activities.

Feeling Clutch does not represent or warrant that sports wagering or any other gambling activity is legal or available in your location.

6. Responsible Gambling

Feeling Clutch does not encourage irresponsible gambling.

Never wager money that you cannot afford to lose. Gambling should not be treated as a source of guaranteed income or a solution to financial problems.

If gambling is causing financial, emotional, personal, or family difficulties, you should stop gambling and seek assistance from an appropriate responsible-gambling organization or qualified professional.

7. Data and Predictions May Contain Errors

The Services may contain inaccuracies, delays, omissions, calculation errors, software errors, incomplete information, stale data, third-party data errors, or other defects.

Sports data may be obtained from third-party sources over which Feeling Clutch has no control.

Feeling Clutch reserves the right to modify, correct, update, remove, recalculate, or discontinue any data, prediction, projection, statistic, feature, or methodology at any time without notice.

You acknowledge that models and predictions necessarily involve assumptions and uncertainty and may fail to account for unexpected events or information.

8. Assumption of Risk

By using the Services, you expressly acknowledge and assume all risks associated with reliance on Feeling Clutch information.

These risks include, without limitation:

• losing some or all money wagered;
• relying on inaccurate, incomplete, outdated, or delayed data;
• unexpected player or team performance;
• injuries or lineup changes;
• changes in odds or betting markets;
• model error;
• third-party data error;
• technical failures;
• account or sportsbook restrictions;
• tax consequences; and
• losses resulting from your own interpretation or use of the Services.

Your decision to act on Feeling Clutch information is your decision alone.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FEELING CLUTCH DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND RESULTS.

FEELING CLUTCH DOES NOT WARRANT THAT:

• THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED;
• DATA WILL ALWAYS BE ACCURATE OR CURRENT;
• PREDICTIONS OR PROJECTIONS WILL BE CORRECT;
• DEFECTS WILL BE CORRECTED;
• THE SERVICES WILL MEET YOUR EXPECTATIONS; OR
• USE OF THE SERVICES WILL PRODUCE ANY PARTICULAR FINANCIAL OR OTHER RESULT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FEELING CLUTCH AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, DATA PROVIDERS, SERVICE PROVIDERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

WITHOUT LIMITING THE FOREGOING, FEELING CLUTCH WILL NOT BE LIABLE FOR:

• GAMBLING OR WAGERING LOSSES;
• LOST WINNINGS OR EXPECTED WINNINGS;
• LOST PROFITS;
• LOST REVENUE;
• LOSS OF DATA;
• LOSS OF BUSINESS;
• LOSS OF OPPORTUNITY;
• DECISIONS MADE IN RELIANCE ON FEELING CLUTCH DATA;
• INCORRECT PREDICTIONS OR PROJECTIONS;
• DATA ERRORS OR DELAYS;
• THIRD-PARTY ERRORS;
• SPORTSBOOK ACTIONS OR ACCOUNT RESTRICTIONS; OR
• ANY OTHER LOSS ARISING FROM A BET, WAGER, FANTASY CONTEST, PREDICTION MARKET POSITION, OR OTHER TRANSACTION MADE USING OR INFLUENCED BY INFORMATION FROM THE SERVICES.

YOU EXPRESSLY AGREE THAT FEELING CLUTCH SHALL HAVE NO LIABILITY FOR THE OUTCOME OF ANY BET, WAGER, OR OTHER FINANCIAL DECISION MADE BASED IN WHOLE OR IN PART ON INFORMATION PROVIDED THROUGH THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF FEELING CLUTCH ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID TO FEELING CLUTCH DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
2. ONE HUNDRED U.S. DOLLARS ($100).

The limitations in this section apply regardless of the legal theory asserted and even if Feeling Clutch has been advised that such damages may occur.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

11. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Feeling Clutch and its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, licensors, data providers, service providers, successors, and assigns from and against any claims, demands, proceedings, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your use or misuse of the Services;
• your reliance on any Feeling Clutch data, prediction, projection, ranking, analysis, or other information;
• any wager, bet, fantasy contest, prediction market position, or other financial transaction you make;
• any losses resulting from such activity;
• your violation of these Terms;
• your violation of applicable law;
• your violation of the rights of any third party; or
• content or information you submit through the Services.

Feeling Clutch reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with the defense of that matter.

12. Third-Party Sportsbooks and Services

The Services may reference, display information from, provide links to, or integrate with third-party websites, sportsbooks, data providers, advertisers, fantasy sports platforms, prediction markets, or other services.

Unless expressly stated otherwise, Feeling Clutch does not control or operate those third parties.

Feeling Clutch is not responsible for:

• third-party odds;
• sportsbook rules;
• withdrawals or deposits;
• account suspensions;
• bet grading;
• canceled wagers;
• third-party promotions;
• payment disputes;
• third-party data accuracy;
• third-party privacy practices; or
• any other third-party product, service, act, or omission.

Your relationship with any third party is governed by the terms and policies of that third party.

13. Subscriptions and Payments

Certain features of the Services may require payment.

If you purchase a paid subscription, you agree to pay all applicable charges presented to you at the time of purchase.

Unless otherwise stated at checkout, subscription fees purchase access to Feeling Clutch information and features only. Payment of a subscription fee does not purchase, guarantee, insure, or create an entitlement to successful predictions, winning wagers, profits, or any particular financial result.

Additional billing, cancellation, renewal, and refund terms displayed at checkout or in a subscription policy are incorporated into these Terms by reference.

14. Acceptable Use

You may not:

• use the Services for unlawful purposes;
• attempt to gain unauthorized access to Feeling Clutch systems;
• interfere with the operation or security of the Services;
• scrape, copy, reproduce, redistribute, resell, or commercially exploit Feeling Clutch data except as expressly authorized;
• reverse engineer proprietary models or software except where applicable law expressly permits it;
• use automated systems to access the Services in violation of published restrictions;
• impersonate another person;
• submit fraudulent information; or
• use the Services in a manner that infringes another party's rights.

15. Intellectual Property

Except for third-party materials, the Services and their associated software, design, text, graphics, branding, compilations, rankings, analytical presentation, proprietary methodologies, and other content are owned by or licensed to Feeling Clutch and are protected by applicable intellectual-property laws.

Your access to the Services does not transfer ownership of any Feeling Clutch intellectual property to you.

Subject to these Terms, Feeling Clutch grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your own lawful purposes.

16. Account Security

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for activity occurring through your account.

You agree to provide accurate information and promptly notify Feeling Clutch if you believe your account has been compromised.

17. Suspension and Termination

Feeling Clutch may suspend or terminate access to the Services if we reasonably believe you have violated these Terms, misused the Services, created legal or security risk, or engaged in fraudulent or abusive activity.

You may stop using the Services at any time.

Sections that by their nature should survive termination—including disclaimers, limitations of liability, indemnification, intellectual-property provisions, and dispute provisions—will survive termination.

18. Changes to the Services

Feeling Clutch may modify, add, remove, suspend, or discontinue any portion of the Services at any time.

We do not guarantee that any particular feature, sport, league, dataset, model, prediction methodology, or functionality will remain available.

19. Changes to These Terms

Feeling Clutch may update these Terms from time to time.

When required by applicable law, we will provide appropriate notice of material changes. The updated Terms will identify their effective date.

Your continued use of the Services following the effective date of revised Terms constitutes acceptance of those Terms to the extent permitted by law.

20. Governing Law

These Terms shall be governed by the laws of the State of [INSERT STATE OF FORMATION / PREFERRED GOVERNING STATE], without regard to its conflict-of-laws principles, except where applicable consumer-protection law requires otherwise.

Any dispute not subject to an enforceable arbitration provision shall be brought in the state or federal courts located in [INSERT COUNTY AND STATE], and you consent to the jurisdiction and venue of those courts, except where applicable law provides otherwise.

21. Optional Arbitration and Class-Action Provision

LEGAL REVIEW IS RECOMMENDED BEFORE ENABLING THIS SECTION.

Except for disputes eligible for small-claims court and claims for injunctive relief involving misuse of intellectual property, any dispute arising out of or relating to these Terms or the Services shall be resolved through binding individual arbitration in accordance with the Federal Arbitration Act and applicable arbitration rules identified by Feeling Clutch.

TO THE EXTENT PERMITTED BY LAW, YOU AND FEELING CLUTCH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Before using this provision, Feeling Clutch should have legal counsel specify the arbitration provider, procedures, notice address, fees, opt-out process, and other requirements necessary for enforceability.

22. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in effect.

23. No Waiver

Failure by Feeling Clutch to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

24. Entire Agreement

These Terms, together with any Privacy Policy, subscription terms, policies, and additional terms expressly incorporated by reference, constitute the entire agreement between you and Feeling Clutch concerning the Services.

25. Contact

Questions regarding these Terms may be sent to:

Feeling Clutch Starbeam HSI, LLC 875 Rochdale Dr, St. Louis, MO 63122 support@feelingclutch.com

Required Acknowledgment

By creating an account, purchasing a subscription, or otherwise using Feeling Clutch, you acknowledge and agree that: