Terms and Conditions

1. Acceptance of these Terms

By creating an account, accessing, browsing, or otherwise using the SimTheGame website at https://www.simthegame.com (the "Site") or any related software, application, application programming interface, or service we make available (collectively, the "Service"), you ("you", "your", or the "User") agree to be legally bound by these Terms and Conditions (the "Terms"). If you do not agree to these Terms, you must not use the Service.

These Terms form a legally binding agreement between you and SimTheGame. Together with our Privacy Policy, they constitute the entire agreement between you and SimTheGame in respect of the Service.

You also agree to comply with all additional rules, guidelines, and policies posted on the Site from time to time, which are incorporated by reference into these Terms.

1A. International users and where the Service is operated

SimTheGame is operated from the Province of Ontario, Canada. The Service is available to users worldwide, including a large user base in the United States. By using the Service from outside Canada, you acknowledge that:

1. you are transmitting information to Canada (and to our service providers located in the United States and elsewhere) for processing;
2. the laws of the country, province, or state where you reside may differ from those of Ontario;
3. you are solely responsible for compliance with all laws applicable to you in your location, including laws governing sports information, betting, gambling, and the use of online services;
4. SimTheGame makes no representation that the Service is appropriate, available, or lawful for use in any particular jurisdiction.

We may, at our discretion, limit the availability of the Service or particular features to specified jurisdictions. If access to the Service is unlawful in your jurisdiction, you must not use it.

Export controls and sanctions. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive trade sanctions administered by the Government of Canada, the United States Department of the Treasury's Office of Foreign Assets Control (OFAC), the United Nations, the European Union, or the United Kingdom, and that you are not on any restricted-parties list maintained by any of those authorities. You agree not to access or use the Service in violation of any applicable export-control or sanctions law.

2. About SimTheGame

SimTheGame is an analytics and entertainment tool that translates published sportsbook odds into thousands of internally consistent simulated game scripts. The Service:

• reads publicly available betting market data (moneylines, spreads, totals, period markets, player props, and specialty markets) from third-party odds aggregators;
• simulates how a game might unfold under the assumptions priced into those markets;
• produces likely score ranges, distributions, simulated box scores, and consistency checks between the simulator's hit rates and the sportsbook's published rates.

SimTheGame is not a sportsbook, a betting platform, a fantasy operator, or a registered gaming operator. SimTheGame does not accept wagers, hold customer funds for the purpose of wagering, facilitate the placement of bets, or operate any game of chance. The Service is provided for informational, analytical, and entertainment purposes only.

3. Eligibility

To use the Service, you must:

1. be at least eighteen (18) years of age, or the age of majority in your province, state, or country of residence, whichever is greater;
2. have the legal capacity to enter into a binding contract;
3. not be barred from using the Service under the laws of Canada, Ontario, or any other jurisdiction that applies to you;
4. provide accurate, current, and complete information when registering and keep that information up to date.

By using the Service, you represent and warrant that you meet each of the above requirements.

If we discover or have reason to believe that you do not meet these requirements, we may suspend or terminate your account at any time without notice.

4. Account registration and security

To access the full Service, you must register for an account through our authentication provider (currently Clerk, which uses Google sign-in by default). You agree to:

1. provide accurate and complete registration information;
2. keep your authentication credentials confidential and secure;
3. take responsibility for all activity occurring under your account;
4. notify us immediately at [email protected] of any unauthorized use of your account or other suspected breach of security.

We are not liable for any loss or damage arising from your failure to comply with this section.

You may not (a) create an account using another person's identity, (b) maintain more than one personal account, (c) sell, transfer, or share your account with any third party, or (d) use automated means to create accounts.

5. Subscription plans, pricing, and billing

5.1 Tiers

The Service is offered in two tiers, which we may modify, rename, or replace at our discretion:

• Free. Limited access to the Service, including a fixed number of simulations per matchup, as described on the Service at the time of use.
• Pro. Expanded access, including a higher per-matchup simulation limit, fresher market snapshots, on-demand refresh, and any other features identified as "Pro" on the Service. The current published price and billing period are shown on the Service at the time of purchase, plus applicable taxes.

The most current description of each tier and its features is the description displayed on the Service at the time of purchase, which prevails over any description contained in this document.

5.2 Payments and processor

We use Stripe, Inc. ("Stripe") as our payment processor. By providing payment information, you authorize Stripe and SimTheGame to charge your payment method in accordance with the plan you select.

We do not store your full payment card number, CVC, or other sensitive cardholder data on our servers. Stripe processes that information under its own terms and privacy policy.

You represent that you are authorized to use the payment method you provide and that the payment information you submit is true, accurate, and complete.

5.3 Auto-renewal

Subscriptions to the Pro tier renew automatically at the end of each billing period for an additional period of the same length, at the then-current published price, until you cancel.

You acknowledge and agree that, unless you cancel in accordance with Section 5.5 before the end of the current billing period, you authorize us (through Stripe) to automatically charge your payment method for the next billing period.

We will provide an email notification at least seven (7) days before any price increase takes effect for an existing subscription. Continued use of the Service after the price change becomes effective constitutes acceptance of the new price.

5.4 Taxes and currency

Stated prices do not include applicable taxes. Depending on your billing address, you may be charged additional federal, provincial, state, or local taxes, including without limitation:

• Canadian GST/HST/QST under the Excise Tax Act (Canada) and provincial equivalents;
• United States state and local sales or use tax;
• VAT, GST, or equivalent indirect taxes in other jurisdictions where we are registered.

Where we are required to collect taxes, those taxes will be added to the stated price at checkout and shown on your receipt. You are solely responsible for any taxes, duties, or charges your local tax authority imposes on you that are not collected by us at checkout.

Unless otherwise indicated on the Service, prices are quoted and charged in USD. If your payment method is denominated in another currency, your bank or card issuer may apply currency-conversion charges that are outside our control.

5.5 Cancellation

You may cancel your Pro subscription at any time from within the Service's settings, or by contacting us at [email protected]. Cancellation takes effect at the end of the then-current billing period. You will retain access to Pro features through that date.

5.6 Refunds

Except as required by applicable law (including the Consumer Protection Act, 2002 (Ontario) and its regulations governing internet agreements), all charges are non-refundable. Partial-period refunds are not provided for cancellations made part-way through a billing period.

If you believe a charge was made in error, contact us at [email protected] within thirty (30) days of the charge and we will investigate in good faith.

5.7 Failed payments

If a renewal payment fails, we may suspend or downgrade your access to Pro features and continue to attempt collection. If payment cannot be collected within fourteen (14) days of the first failure, your subscription will revert to the Free tier and any saved batches or features beyond the Free tier limits may become inaccessible until payment is restored.

6. License to use the Service

Subject to your compliance with these Terms and (if applicable) payment of fees, SimTheGame grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own personal, non-commercial purposes.

This licence does not include, and you may not, directly or indirectly:

1. reproduce, modify, prepare derivative works of, distribute, publicly display, publicly perform, republish, download, store, or transmit any part of the Service except as expressly permitted by these Terms;
2. resell, lease, license, sublicense, or otherwise commercially exploit any part of the Service;
3. use any automated means, including bots, scrapers, robots, or crawlers, to access the Service or extract data from the Service, except for a publicly accessible search engine indexing the Site for the purpose of creating publicly available search indices;
4. reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying algorithms, or non-public APIs of the Service, except as expressly permitted by applicable law;
5. circumvent, disable, or otherwise interfere with any security, authentication, or access-control features of the Service;
6. use the Service to develop a competing product or service, or to train or build a machine-learning model;
7. remove, obscure, or alter any copyright, trademark, or other proprietary notices contained in or associated with the Service.

We reserve all rights not expressly granted to you in these Terms.

7. Acceptable use

You agree not to use the Service to:

1. violate any applicable federal, provincial, or local law or regulation;
2. infringe the intellectual property, privacy, publicity, or other legal rights of any third party;
3. transmit any material that is unlawful, harassing, defamatory, obscene, or otherwise objectionable;
4. distribute viruses, worms, or other malicious code;
5. interfere with, disrupt, or place an unreasonable load on the Service or its underlying infrastructure;
6. impersonate any person or entity or misrepresent your affiliation with any person or entity;
7. engage in any activity that, in our reasonable judgment, could harm the Service, other users, or SimTheGame's reputation;
8. facilitate, encourage, or assist any of the above.

We may, but are not obligated to, monitor use of the Service for compliance with this section. We may suspend or terminate access at any time for suspected violations.

8. Intellectual property

8.1 Ownership

The Service, including all software, source code, design, copy, graphics, simulation outputs, charts, methodology descriptions, and supporting materials (the "SimTheGame Materials"), is owned by SimTheGame and our licensors and is protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

"SimTheGame" and any associated logos and wordmarks are trademarks of SimTheGame. You may not use these trademarks without our prior written consent.

8.2 Feedback

If you submit comments, suggestions, ideas, or other feedback about the Service ("Feedback"), you grant SimTheGame a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable licence to use that Feedback for any purpose, including incorporating it into the Service, without obligation or compensation to you.

8.3 Third-party intellectual property

Sportsbook brands, team names, league names, league logos, and player names referenced in the Service belong to their respective owners. References to those names are for identification and informational purposes only and do not imply any sponsorship, endorsement, or affiliation by or with those owners.

9. Third-party services and data

9.1 Odds and market data

Odds and market data displayed on the Service are sourced from third-party odds aggregators and the sportsbooks they cover. We do not control the underlying data, its accuracy, or its availability. The data is cached and may be stale by up to the cache window indicated in the Service. We make no representation that the data displayed at any moment reflects the live price offered by any sportsbook.

9.2 Third-party providers

The Service relies on, and integrates with, third-party providers, including without limitation:

• The Odds API (odds data aggregation);
• Clerk (authentication and identity);
• Stripe (payment processing);
• Supabase (database and storage infrastructure);
• DigitalOcean (application hosting).

Your use of those third-party services is also subject to those providers' own terms and privacy policies. SimTheGame is not responsible for, and disclaims all liability arising from, the acts or omissions of any third-party provider.

9.3 Third-party links

The Service may contain links to third-party websites or services. We are not responsible for the content or practices of those third-party sites and the inclusion of any link does not imply endorsement.

11. Service availability and changes

We strive to make the Service available continuously but do not guarantee any specific level of uptime. The Service may be unavailable from time to time for maintenance, upgrades, repairs, third-party outages, force majeure events, or other reasons.

We may, at any time and without notice:

1. modify, suspend, or discontinue all or any part of the Service;
2. add, remove, or change features, sports, leagues, prices, plan limits, or supported sportsbooks;
3. impose limits on certain features or restrict access to parts or all of the Service.

We are not liable to you or any third party for any modification, suspension, or discontinuance of the Service.

14. Indemnification

You agree to indemnify, defend, and hold harmless SimTheGame and its directors, officers, employees, contractors, agents, suppliers, licensors, and affiliates from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

1. your access to or use of the Service;
2. your breach of these Terms;
3. your violation of any law or the rights of any third party;
4. any bets, wagers, or financial decisions you make in connection with information obtained from the Service.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will cooperate with us in asserting any available defences.

15. Privacy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in our Privacy Policy.

16. Marketing communications and CASL

If you sign up for our marketing emails or otherwise provide express consent, we may send commercial electronic messages to you in compliance with Canada's Anti-Spam Legislation (S.C. 2010, c. 23) ("CASL").

You may unsubscribe at any time using the link provided in each marketing email or by contacting us at [email protected]. We will action unsubscribe requests within ten (10) business days of receipt.

Transactional and account-related messages (for example, billing receipts, password resets, security notices, and service announcements) are not commercial electronic messages and will continue to be sent regardless of your marketing preferences.

17. Termination

17.1 By you

You may terminate your account at any time by following the cancellation steps in Section 5.5 and contacting us at [email protected] to confirm account deletion.

17.2 By us

We may suspend or terminate your access to the Service, in whole or in part, with or without notice, if:

1. we believe you have violated these Terms or any applicable law;
2. we believe your conduct is harmful to the Service, other users, or SimTheGame's interests;
3. you fail to pay any fees when due;
4. we are required to do so by law or regulator;
5. we decide, in our sole discretion, to discontinue the Service or any portion of it.

17.3 Effect of termination

On termination, your right to use the Service ceases immediately, and we may delete your account and associated data in accordance with our Privacy Policy and data-retention practices. Sections that by their nature should survive termination (including Sections 8, 10, 12, 13, 14, 15, 18, 19, 20, 21, and 22) will survive.

18. Governing law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Mandatory local consumer protections. Notwithstanding the foregoing, if you are a consumer resident outside Ontario, the choice of Ontario law does not deprive you of the protection afforded by the mandatory provisions of the consumer-protection law of the country, state, or province in which you ordinarily reside, where those mandatory provisions cannot be derogated from by agreement. Nothing in these Terms limits your statutory rights as a consumer under your local law.

19. Dispute resolution

19.1 Informal resolution

Before commencing any formal proceeding, you agree to attempt to resolve any dispute informally by contacting us at [email protected] and providing a written description of the dispute. We will attempt to resolve the dispute in good faith within thirty (30) days of receipt.

19.2 Jurisdiction

If informal resolution fails, you agree that any dispute, claim, or proceeding arising out of or in connection with these Terms or the Service will be brought exclusively in the courts of the Province of Ontario sitting in Toronto, and you irrevocably attorn to the personal jurisdiction of those courts, subject only to your statutory consumer-protection rights that may not be waived under applicable law (including, for consumers resident outside Ontario, the courts of competent jurisdiction in your place of residence where local law requires).

19.3 No class actions

To the fullest extent permitted by law, you agree that any dispute resolution will be conducted only on an individual basis, and not as a class, consolidated, or representative action. The parties acknowledge that the Class Proceedings Act, 1992 (Ontario) provides certain rights that may not be waived; this paragraph applies only to the extent permitted by applicable law. Nothing in this Section 20.3 limits any non-waivable right of a U.S. consumer under federal or state law, including but not limited to claims arising under the Federal Trade Commission Act and analogous state unfair and deceptive practices statutes.

20. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will notify you by email (if you have provided one) and post a notice on the Service before the change takes effect. The "Last updated" date at the top of this document reflects the most recent material revision.

Your continued use of the Service after the effective date of an update constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

21. General

21.1 Entire agreement

These Terms, together with the Privacy Policy and any additional terms or policies posted on the Service, constitute the entire agreement between you and SimTheGame in respect of the Service and supersede all prior or contemporaneous understandings.

21.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will continue in full force and effect.

21.3 No waiver

No failure or delay by SimTheGame in exercising any right under these Terms will operate as a waiver. A waiver of any breach is not a waiver of any subsequent breach.

21.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets, or to any affiliate.

21.5 No agency

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and SimTheGame.

21.6 Notices

We may give notices to you by email, by posting on the Service, or by any other reasonable means. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that they be in writing.

Notices to SimTheGame must be sent in writing to [email protected].

21.7 Language

You and SimTheGame have requested that these Terms and all documents related to them be drafted in English. Vous et SimTheGame avez exigé que ces conditions et tous les documents qui s'y rapportent soient rédigés en anglais.

21.8 Force majeure

SimTheGame is not liable for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control, including without limitation acts of God, war, terrorism, riots, civil unrest, government action, labour disputes, pandemic, epidemic, internet or telecommunications failures, or failures of third-party service providers.

22. Contact

If you have questions about these Terms or the Service, email us at [email protected].