Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and [LEGAL ENTITY NAME], a [STATE OF FORMATION] company (“we,” “us,” or “our”), governing your use of pickembaby.com, the Pick'em Baby AI football assistant, pick’em leagues, playoff brackets, and everything else we offer (the “Service”).

By creating an account, making a pick, or otherwise using the Service, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Please read Section 15 carefully. It requires most disputes to be resolved through individual binding arbitration and waives your right to participate in a class action. You may opt out within 30 days.

• You must be at least 18 years old and able to form a binding contract.
• One account per person. Creating multiple accounts to gain an advantage in a league, a bracket, or the affiliate program is prohibited.
• Provide accurate registration information and keep it current. Your username is public and must not impersonate anyone or contain offensive content.
• You are responsible for everything that happens under your account and for keeping your password secure. Tell us promptly at support@pickembaby.com if you suspect unauthorized use.
• Guest access is provided for trying the AI assistant. Guest sessions are temporary, have no saved history guarantee, and cannot join leagues, make picks, or hold a balance.

The assistant answers football questions using historical statistics, live data feeds, and web search, and it may offer predictions, rankings, and opinions. It is provided for entertainment and informational purposes only.

• Output can be incomplete, out of date, or wrong. Verify anything you intend to rely on.
• Nothing the assistant produces is betting advice, financial advice, or a guarantee of any outcome. Any wagering you do elsewhere is entirely your own decision and risk.
• Statistics, injury reports, and news come from third-party providers. We do not warrant their accuracy, completeness, or availability.
• Do not submit confidential, sensitive, or personal information about yourself or others into chats. Chat content is transmitted to our AI providers as described in the Privacy Policy.

Premium is an optional recurring subscription that unlocks the deep-reasoning model, a larger monthly Yards grant, unlimited leagues, larger leagues, and fee-free extra brackets. It does not affect scoring, standings, or your odds of winning any league.

• Billing. You are charged the plan price shown at checkout, in advance, each billing period, and the subscription renews automatically until cancelled. Payment is processed by Stripe.
• Cancellation. Cancel any time from your dashboard. Cancellation takes effect at the end of the period you have already paid for — you keep Premium until then, and we do not prorate partial periods.
• Price changes. We may change subscription pricing on at least 30 days’ notice. Changes take effect at your next renewal, and you may cancel before then.
• Failed payments. If a payment fails we may retry it and keep your access active during the retry window. If it continues to fail, the subscription lapses and your account returns to the free tier.
• What you keep. When Premium ends, your account, leagues, picks, brackets, and history remain — only the Premium features and grant level go away.

“Yards” are the in-app credits that meter your use of the AI assistant. Different models consume different amounts per prompt.

• No cash value. Yards are a limited, personal, non-transferable, revocable license to use the Service. They are not currency, not property, and cannot be sold, transferred, or redeemed for cash.
• Grants. Free allowances (daily guest grants, signup grants, and periodic refreshes) are promotional, may change at any time, and may expire without notice.
• Purchases. Yards packs are sold at the prices shown at checkout, in U.S. dollars, and are charged through our payment processor. Prices may change prospectively.
• Refunds. Purchases are final and non-refundable once Yards are credited, except where required by law or where we determine in our sole discretion that a refund is warranted (for example, a duplicate charge or a failure of the Service). Refunded purchases have the corresponding Yards removed.
• Forfeiture. Unused Yards are forfeited if your account is terminated for a violation of these Terms, and when your account is closed.

You authorize us and our payment processor to charge your selected payment method for the amounts you approve at checkout, including any applicable taxes.

• Picks lock at each game’s scheduled kickoff (or the deadline shown for a round). Picks not submitted before the lock score zero. It is your responsibility to submit on time — technical issues, connectivity problems, and forgotten deadlines are not grounds for a score adjustment.
• Scoring follows the rules displayed for the league or bracket at the time it was created (straight or confidence scoring for leagues; round-weighted scoring for brackets). Scores are calculated from official results as reported by our data providers.
• Results and corrections. If a data provider issues a correction, or a game is postponed, relocated, shortened, or canceled, we may recalculate or void affected picks. Our determination of final standings is binding.
• League commissioners set their league’s name, size, scoring type, and invite list, and are responsible for communicating any additional house rules to their members. We are not a party to private arrangements between league members.
• Ties are broken by the tiebreaker rules displayed for the league; if none applies, tied players share the position and any associated prize is divided evenly.

Every pick’em league is free to create and join. We do not charge entry fees, we do not collect or hold a prize pot, and we do not pay out cash winnings. Nothing on the Service is a wager.

Paid features are ordinary product purchases, not contest entries: Yards packs buy AI usage, a Premium subscription buys features, and an extra playoff bracket beyond your free one is a flat creation fee. None of them is pooled, redistributed, or paid out to other users, and none of them affects who wins a league.

If we introduce entry-fee contests in the future, they will run under separate posted rules covering eligibility, age, location, payouts, and taxes, and you will have to accept those rules before entering. Until then, no part of these Terms should be read as offering one.

Every member receives a referral link and may earn bounties as described on our Affiliate Program page, whose rules are incorporated into these Terms. In short: self-referrals, fake accounts, spam, and misleading promotion are prohibited and forfeit pending earnings; each account has exactly one referrer, locked at signup; bounties are earned on a referred user’s first completed purchase; and refunded or disputed purchases void the associated bounty. Bounty amounts may change prospectively.

You agree not to:

• Break the law, infringe anyone’s rights, or use the Service for illegal gambling or bookmaking.
• Harass, threaten, defame, or impersonate anyone, or post hateful, obscene, or abusive content.
• Scrape, crawl, or bulk-extract data from the Service; use bots or automated scripts to make picks or send prompts; or resell or redistribute our data or AI output as a competing service.
• Attempt to bypass rate limits, entitlement checks, Yards accounting, paywalls, or authentication; probe or test the security of the Service without our written permission.
• Reverse engineer the Service, or use it to develop a competing product or to train a machine-learning model.
• Attempt to elicit prompts, system instructions, or output that violates our AI providers’ usage policies.
• Upload malware, or interfere with the operation or integrity of the Service.

You keep ownership of the content you submit — prompts, uploads, documents, league names, bios. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display that content solely to operate and improve the Service, including transmitting it to the AI and infrastructure providers described in our Privacy Policy. This license ends when you delete the content, except for backups and any copies we must retain by law.

You represent that you have the rights to the content you submit. We may remove content that violates these Terms, but we have no obligation to monitor content and are not responsible for content submitted by other users.

AI output. Subject to these Terms, you may use the assistant’s responses to your prompts. Output is generated and may not be unique — similar prompts from other users may produce similar responses, and we make no claim that output is original or free of third-party rights.

The Service — including its software, design, text, and branding — is owned by [LEGAL ENTITY NAME] and protected by intellectual property law. We grant you a limited, personal, non-transferable, revocable license to use the Service for its intended purpose. All rights not expressly granted are reserved.

Pick'em Baby is not affiliated with, endorsed by, or sponsored by the National Football League, any NFL club, or the NFL Players Association. Team names, logos, and player names are the property of their respective owners and are used for identification and commentary only.

The Service depends on third parties for hosting, payments, email, identity, sports data, and AI inference. Their availability, accuracy, and terms are outside our control, and their own terms and privacy policies apply to your use of them. We are not responsible for third-party outages, data errors, or acts or omissions.

You may stop using the Service at any time and delete your account from your dashboard. We may suspend or terminate your account, or any contest entry, if you violate these Terms, if we suspect fraud or abuse, or if required by law. Where practical we will give notice and an opportunity to cure.

On termination, your license to use the Service ends and unused Yards are forfeited. Entry fees for contests already underway are forfeited if termination results from your violation of these Terms. Sections on content licenses, disclaimers, limitation of liability, indemnification, and dispute resolution survive termination.

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, or error-free, that data or AI output will be accurate or reliable, or that defects will be corrected. Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

To the maximum extent permitted by law, neither [LEGAL ENTITY NAME] nor its officers, employees, or suppliers will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, lost winnings, or loss of goodwill, arising out of or relating to the Service, whether based in contract, tort, or any other theory, even if advised of the possibility of such damages.

Our total liability for all claims relating to the Service will not exceed the greater of (a) the total amount you paid us in the twelve months before 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, so these limits may not fully apply to you.

You agree to indemnify and hold harmless [LEGAL ENTITY NAME] and its officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your content, your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

Informal resolution first. Before starting arbitration or any other proceeding, you agree to email info@pickembaby.com with a description of the dispute and the relief you want. We will do the same for any claim we have against you. Both parties agree to negotiate in good faith for 60 days before proceeding further.

Binding arbitration. If informal resolution fails, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in [STATE] or, at your election, in your home county or by remote hearing. The Federal Arbitration Act governs this section.

Class action waiver. Disputes will be arbitrated only on an individual basis. You and we waive any right to bring or participate in a class, collective, consolidated, or representative action. If this waiver is found unenforceable as to a particular claim, that claim proceeds in court and the rest of this section still applies.

Small claims carve-out. Either party may bring an individual action in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.

30-day opt-out. You may opt out of arbitration by emailing info@pickembaby.com with your name, account email, and a statement that you are opting out of arbitration, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in [STATE].

We may modify, suspend, or discontinue features at any time, and we may update these Terms as the Service evolves. Material changes take effect 30 days after we post them and update the effective date, or on the date stated in the notice we send you. Continuing to use the Service after that date means you accept the updated Terms. Changes to bounty amounts, prices, and contest rules apply prospectively only.

• Entire agreement. These Terms, the Privacy Policy, and the affiliate rules are the entire agreement between you and us about the Service.
• Severability. If any provision is unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.

Questions about these Terms:

[LEGAL ENTITY NAME]
[BUSINESS MAILING ADDRESS]
info@pickembaby.com