Terms of Service

1. Acceptance of Terms

These Terms of Service (the "Terms") constitute a legally binding agreement between you ("you," "User," or "Subscriber") and APE, LLC, a Tennessee limited liability company doing business as APE Analytics ("APE," "we," "us," or "our"). By accessing the website located at bankonape.com (the "Site"), joining the APE Analytics Discord community (the "Community"), subscribing to any paid service, or otherwise using any content or service we provide (collectively, the "Services"), you agree to be bound by these Terms and by our Privacy Policy, Disclaimer, and Refund and Subscription Policy.

If you do not agree with any part of these Terms, do not access or use the Services.

2. About APE Analytics

APE Analytics is a digital publisher and provider of an interactive computer service as those concepts are used in the U.S. federal Communications Decency Act of 1996, 47 U.S.C. § 230. APE's classification for purposes of the North American Industry Classification System (NAICS) is 519130 — Internet Publishing and Broadcasting and Web Search Portals. Our editorial focus is sports analytics: statistical research, model-powered commentary, historical analysis, and quantitative writing about Major League Baseball (MLB), the National Football League (NFL), NCAA sports, and other athletic competitions. Content is delivered through the Site, our Discord Community, and other channels we may operate from time to time.

APE is a media and publishing business, editorially independent, and unaffiliated with any sports book, sports league, team, or gambling operator. APE is not:

• A sports book, sports-wagering platform, exchange, or sportsbook-adjacent operator
• A licensed handicapper, tipster, sports-information service, or seller of "picks"
• A licensed investment advisor, broker-dealer, or registered representative
• A commodities merchant, futures commission merchant, or prediction market
• A fiduciary of any kind, or an agent for any user of the Services

Our editorial model is comparable to independent sports-analytics publications such as FanGraphs and Baseball Prospectus. We publish research and commentary for readers who value data-driven writing about sports, for informational and entertainment purposes only. See Sections 9 and 10 for the operational implications of this framing.

3. Eligibility

You must be at least eighteen (18) years old, or the age of majority in your jurisdiction (whichever is greater), to use the Services. By using the Services, you represent and warrant that:

• You are of legal age and capacity to enter into a binding agreement
• You are not prohibited from using the Services under the laws of your jurisdiction
• All information you provide to us is accurate, current, and complete
• You will comply with these Terms and all applicable laws and regulations

4. Accounts and Access

Certain portions of the Services, including our paid Discord Community, require an account and a valid subscription. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to your account.

Access to the paid Discord Community is granted through our subscription platform partner and requires a Discord account governed by Discord's Terms of Service. APE is not responsible for actions or content on the Discord platform outside our own moderated servers.

5. Subscriptions and Billing

Paid subscriptions are billed through Stripe, Inc., our exclusive payment processor. At the time of these Terms, APE offers a single weekly subscription that renews automatically every seven (7) days until cancelled. By subscribing, you authorize APE and Stripe to charge your payment method on that recurring schedule.

Recurring billing. Weekly subscriptions renew automatically at the end of each seven-day period unless you cancel before the renewal date. You may cancel at any time through the Stripe-hosted customer portal linked from your account or by emailing support@bankonape.com.

Pricing changes. We may change subscription prices from time to time. Any price change will apply to subsequent billing periods only, and we will provide reasonable advance notice before the change takes effect.

Refunds. Refund eligibility is governed by our Refund and Subscription Policy.

6. Content and Intellectual Property

All content published on the Site or in the Community — including but not limited to text, analyses, model outputs, projections, statistical commentary, charts, graphics, logos, and the underlying methodology (collectively, the "APE Content") — is the exclusive property of APE, LLC and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, APE grants you a limited, non-exclusive, non-transferable, revocable license to access and view the APE Content for your personal, non-commercial use only.

You may not:

• Copy, reproduce, republish, or redistribute APE Content in any form
• Sell, sublicense, or otherwise commercialize APE Content
• Use APE Content to train, fine-tune, or develop any machine-learning model, artificial-intelligence system, or derivative analytical product
• Remove, obscure, or alter any proprietary notices or marks
• Screen-record, screenshot for redistribution, or forward paid Community content to non-subscribers

The APE name, logo, "Analytics with a Professional Edge," and related marks are trademarks of APE, LLC.

7. User Conduct

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Harass, threaten, defame, or discriminate against any other user, moderator, or APE representative
• Upload viruses, malware, or other malicious code
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services
• Use automated means (bots, scrapers, spiders) to access, collect, or copy any content
• Solicit personal information from minors
• Promote or advertise other paid sports-content services within our Community without prior written consent

8. Discord Community Rules

Our Discord Community is a moderated space. APE reserves the right, at its sole discretion, to remove content, warn or ban any member, and enforce Community rules as posted within the Discord server. Bans may be issued without refund for material or repeated violations of these Terms or of posted Community rules.

Discord as a distribution channel. Discord is operated by Discord Inc. under its own Terms of Service and Community Guidelines, which you must also comply with. APE has no control over Discord's platform, uptime, or moderation actions taken by Discord against your Discord account.

9. User-Generated Content; Section 230

Third-party content. The Community includes messages, images, files, links, and other content contributed by users and third parties ("User Content"). Opinions and other statements expressed by users and third parties are theirs alone and do not represent the opinions of APE. Content created by third parties is the sole responsibility of the third parties who create it, and its accuracy, completeness, and lawfulness are not endorsed or guaranteed by APE.

Section 230. APE operates as an interactive computer service and does not undertake to publish, monitor, or edit User Content, and shall not be treated as the publisher or speaker of any User Content as provided by 47 U.S.C. § 230(c)(1). Nothing in these Terms is intended to waive, and nothing you or APE does in operating or moderating the Community shall be construed to waive, the protections and immunities available under Section 230.

Good-faith moderation. Consistent with 47 U.S.C. § 230(c)(2), APE may in good faith restrict access to or remove material that we or our moderators consider obscene, lewd, lascivious, filthy, excessively violent, harassing, defamatory, unlawful, or otherwise objectionable, whether or not such material is constitutionally protected. Moderation actions are taken at APE's sole discretion and do not create any obligation to monitor further content.

Your license to APE for User Content. By posting User Content in the Community, you grant APE a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, cache, reproduce, display, distribute, modify (for formatting, moderation, and quotation purposes), and create derivative works of the User Content for the purposes of operating, promoting, and improving the Services. You retain ownership of your User Content and may delete it at any time (subject to backups and moderation logs retained in the ordinary course).

DMCA. Copyright complaints are handled under the notice-and-takedown procedures set out in our Contact & Legal Notices page.

10. No Advice; Publisher Status; No Gambling Decisions

APE Analytics is a publisher. Nothing we produce is advice, and nothing we produce is intended for gambling.

All content published by APE — including model outputs, projections, statistical commentary, charts, and analysis (collectively, the "APE Content") — is provided for informational, educational, and entertainment purposes only. The APE Content does not constitute, and no APE Content should be construed as:

• Betting, wagering, gambling, or handicapping advice, recommendations, tips, or "picks"
• Financial, investment, or fiduciary advice
• Legal, tax, or professional advice of any kind
• A solicitation, offer, or recommendation to place any wager, make any purchase, or take any specific action
• A guarantee, prediction, or assurance of any specific outcome, whether on-field or otherwise
• A representation that any statistical estimate, probability, or projection reflects what will actually occur

No gambling decisions. APE and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Services, and shall not be responsible or liable for any gambling, wagering, or financial decisions made based on such information. Sports outcomes are inherently uncertain. Past performance of any model, analysis, or projection does not guarantee future results.

Compliance with local law is your responsibility. Sports-wagering laws vary by state, country, and locality and are subject to change. You are solely responsible for knowing and complying with the laws applicable to you. APE does not offer, facilitate, host, accept, escrow, or clear sports wagers of any kind, and does not operate as a sports book, tote, exchange, or wagering platform in any jurisdiction.

For a more detailed statement, see our Disclaimer and our Editorial Standards.

11. Disclaimer of Warranties

THE SERVICES AND ALL APE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY. APE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APE, LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO APE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless APE, LLC and its members, managers, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual-property or privacy right; or (d) any action you take based on APE Content.

14. Termination

APE may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination, all rights and licenses granted to you under these Terms will immediately cease. Sections 6, 9, 10, 11, 12, 13, 15, 16, and 18 will survive termination.

15. Governing Law and Arbitration

Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict-of-laws principles. The federal and state courts located in Williamson County, Tennessee (and the U.S. District Court for the Middle District of Tennessee) shall have exclusive jurisdiction over any dispute not subject to arbitration under this Section.

Binding Arbitration. Except for disputes qualifying for small-claims court in Williamson County, Tennessee, and except for claims seeking injunctive or equitable relief for intellectual-property infringement, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in Nashville, Tennessee, in the English language, before a single arbitrator selected in accordance with the AAA rules. Judgment on the award may be entered in any court of competent jurisdiction.

Costs. Each party shall bear its own attorneys' fees and costs unless the arbitrator awards them under applicable law or the AAA rules. Filing fees will be handled in accordance with AAA's Consumer Arbitration Rules.

Opt-Out. You may opt out of this arbitration provision by delivering written notice to legal@bankonape.com within thirty (30) days of first accepting these Terms. Your notice must include your full name, mailing address, and a clear statement that you wish to opt out of arbitration.

16. Class-Action Waiver

You and APE each agree that any dispute will be resolved on an individual basis only. Neither you nor APE may bring or participate in any class, collective, or representative action, and the arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. If this class-action waiver is found to be unenforceable in any proceeding, then the entirety of Section 15 (Arbitration) shall be null and void as to that proceeding, and the dispute shall be resolved in the courts identified in Section 15.

17. Changes to These Terms

We may update these Terms from time to time. Material changes will be announced through the Site or the Community with at least thirty (30) days' notice before the changes take effect. Your continued use of the Services after the effective date of any update constitutes acceptance of the revised Terms. Prior versions are available upon request.

18. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy, Disclaimer, and Refund Policy referenced herein, constitute the entire agreement between you and APE regarding the Services.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. APE may assign these Terms without restriction.

Force Majeure. APE will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, or strikes.

19. Contact

Questions about these Terms should be directed to:

APE, LLC
Attn: Legal
Email: legal@bankonape.com