Terms of Service

Welcome to Apex. These Terms of Service (the “Terms”) form a binding agreement between you and Figment Analytics LLC (“Apex,” “we,” “us,” or “our”) and govern your access to and use of the Apex website, applications, and related services (collectively, the “Service”). By creating an account or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. The Service

Apex provides sports analytics tools, including player statistics, predictive modeling outputs, comparison views, dashboards, and custom chart building for informational purposes. The Service is offered “as is” and is intended for entertainment and analytical use only. Nothing in the Service constitutes betting, wagering, financial, or other professional advice.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. By using Apex you represent that you meet these requirements and that your use of the Service does not violate any law applicable to you.

3. Accounts

You are responsible for all activity that occurs under your account, for keeping your credentials confidential, and for promptly notifying us at mazen@figmentanalytics.com of any suspected unauthorized access. You agree to provide accurate registration information and to keep it current. We may suspend or terminate accounts that violate these Terms or that we believe pose a risk to the Service or other users.

4. Subscriptions and Billing

Certain features of the Service require a paid subscription. Subscriptions are billed in advance on a recurring basis through our payment processor (currently Stripe). By starting a subscription you authorize us and our payment processor to charge your designated payment method for all applicable fees and taxes. Unless required by law or otherwise stated at purchase, fees are non-refundable. You may cancel a subscription at any time; cancellation takes effect at the end of the current billing period.

5. Acceptable Use

You agree not to:

• use the Service for any unlawful purpose or in violation of these Terms;
• reverse engineer, scrape, copy, or otherwise extract data from the Service except as permitted in writing by us;
• interfere with, disrupt, or place an unreasonable load on the Service or attempt to access it through any means other than the interfaces we provide;
• resell, sublicense, or commercially exploit the Service or its outputs;
• use the Service to violate the rights of any third party, including intellectual property and privacy rights.

6. Intellectual Property

The Service, including its software, design, text, graphics, and underlying models, is owned by Figment Analytics LLC and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms. All rights not expressly granted are reserved.

7. User Content

You retain ownership of charts, dashboards, configurations, and other content you create within the Service (“User Content”). You grant us a worldwide, royalty-free license to host, store, process, and display your User Content solely to provide and improve the Service. You are responsible for your User Content and represent that you have all rights necessary to submit it.

8. Third-Party Data and Services

The Service incorporates data and services from third parties, including sports statistics providers and payment processors. We do not control those third parties and are not responsible for their content, accuracy, availability, or practices. Your use of third-party services may be subject to separate terms.

9. Disclaimers

The Service, including all predictions, projections, and statistics, is provided for informational and entertainment purposes only. Outputs are estimates based on models and historical data and are not guarantees of future performance or outcomes. The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade.

10. Limitation of Liability

To the maximum extent permitted by law, Figment Analytics LLC and its affiliates, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of the Service. Our aggregate liability for any claim arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

11. Indemnification

You agree to indemnify and hold harmless Figment Analytics LLC and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your use of the Service, (ii) your User Content, or (iii) your breach of these Terms.

12. Termination

You may stop using the Service at any time and may close your account by contacting us. We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or if doing so is necessary to protect the Service or our users. Sections that by their nature should survive termination will survive.

13. Changes to the Service or Terms

We may modify the Service or these Terms from time to time. If we make material changes, we will provide notice through the Service or by other reasonable means. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in California, and you consent to personal jurisdiction in those courts. Nothing in this section limits either party’s right to seek injunctive or equitable relief.

15. Miscellaneous

These Terms constitute the entire agreement between you and Figment Analytics LLC regarding the Service. If any provision is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our prior written consent; we may assign them freely.

16. Contact

Questions about these Terms? Reach us at mazen@figmentanalytics.com.