1. Agreement
These Terms of Use (the "Terms") govern access to and use of the website at fieldtheorypredictions.com (the "Site") and all content and services made available through it. The Site is operated by Field Theory Predictions LLC, a Utah limited liability company ("Field Theory", "we", "us"). By accessing the Site, creating an account, or purchasing any license, you accept these Terms. If you do not accept them, do not use the Site.
2. Definitions
"Predictions" means the output of our statistical model for a given game, comprising the win probability, point spread, projected margin of victory, and fair moneyline odds for that game.
"Free Content" means the Top 25 ranking and the Predictions for any game that has been played, both of which may be used by anyone for any purpose.
"Upcoming Predictions" means the Predictions for any game that has not yet been played. They are published on the Site without charge and may be read by anyone, with or without an account.
"Game Week" means a week of the college football season as designated on the Site.
"License" means any purchase made through the Site, being an Internal License or a Publisher License.
"Publish" has the meaning given in clause 5.
3. The service
Field Theory operates a statistical model of college football. The model rates each FBS team and produces Predictions for each game. Predictions are statistical estimates. They are not statements of fact, and they do not constitute advice of any kind.
The model is run once per week. The Predictions for a game are published by that run and stand until the game is played. We do not warrant that the Site or the model will be available without interruption, and we may modify, suspend, or discontinue any part of either at any time.
4. Free Content
Free Content may be quoted, reproduced, republished, charted, or used in any calculation, by any person, in any quantity, without a License and without our permission. No provision of these Terms restricts the use of Free Content.
5. Meaning of "Publish"
To Publish a Upcoming Prediction means to make it available to any person other than yourself or, in the case of a commercial License, any person outside the licensed organization. Publishing includes, without limitation:
- reproducing any of its numbers;
- stating any of its numbers in rounded or approximate form;
- presenting any of its numbers in a chart, table, image, or other visual form; and
- disclosing the result of any calculation that takes any of its numbers as an input, including a rating, ranking, projection, edge, selection, or other derived output.
It is immaterial whether Field Theory is credited, whether the numbers are attributed to any source, and whether the material in which they appear is supplied free of charge.
6. Personal use
Upcoming Predictions may be read by any natural person, for that person's own use, without a License, without payment, and without an account. No permission is needed and none is granted beyond that.
Without a commercial License you may not:
- Publish any Upcoming Prediction, in whole or in part;
- state which team the model favors, or otherwise characterize an Upcoming Prediction, whether or not the numbers themselves are disclosed;
- sell, sublicense, or otherwise transfer any Upcoming Prediction;
- incorporate any Upcoming Prediction into a product or service; or
- collect Upcoming Predictions in bulk, by automated means or otherwise.
7. Commercial licenses
A commercial License is required where Upcoming Predictions are used by or on behalf of a business, organization, club, association, or any group of persons rather than one natural person. This requirement applies to internal decision-making, to research performed for clients, and to any use in material that is published or sold.
7.1 Internal License ($375 per season). Grants the licensed organization the right to use Upcoming Predictions for its own internal purposes for one season, and includes access to the weekly data download. Under an Internal License the licensee may not Publish any Upcoming Prediction, disclose any Paid Prediction to a person outside the licensed organization, or use any Upcoming Prediction to price, set, or verify any product or service that the licensee offers.
7.2 Publisher License ($449 per season). Grants all rights conferred by the Internal License, and in addition the right to Publish Upcoming Predictions for up to ten (10) games per Game Week. All four numbers comprising a game's Predictions count as a single game for this purpose. Within that limit the licensee may Publish in any medium, on any channel, and on any number of occasions.
7.3 Characterization under a Publisher License. A Publisher licensee may additionally state which team the model favors, or otherwise characterize the model's view of a game, without limit and without counting toward the limit in clause 7.2, provided that no number is disclosed and that the statement does not permit any number to be derived. This right is conferred only by the Publisher License and is not available under any other License.
7.4 Custom License. A custom License, granted by separate written agreement, is required where the licensee accepts wagers or holds a gaming license; wishes to Publish Upcoming Predictions for more than ten games per Game Week; requires delivery in bulk or by application programming interface; or intends to create a product or service whose output is derived from Upcoming Predictions. Enquiries: licensing@fieldtheorypredictions.com.
8. Attribution
Wherever a Upcoming Prediction is Published under a Publisher License, the following attribution must appear in reasonable proximity to it:
Predictions by Field Theory — fieldtheorypredictions.com
9. Supply of data
No License granted through the Site confers any right to supply Upcoming Predictions to other persons. Irrespective of the License held, the licensee may not transfer the weekly data download, provide Upcoming Predictions in bulk or on request, or grant any person access to the licensee's account or to paid areas of the Site. The right conferred by clause 7.2 is a right to Publish within the licensee's own material and is not a right to act as a source of Upcoming Predictions for any other person.
10. Accounts and acceptable use
An account is not required to purchase a single game or a Season Pass; such purchases are recorded against the device used and against the email address supplied at checkout, and signing in with that address will make them available on other devices. Commercial Licenses require an account, as they are issued to a named organization.
Sign-in links are personal to the recipient, may be used once, and expire. You may not access the Site by automated means, scrape or bulk-download any part of it, or attempt to circumvent any access control or payment mechanism.
11. Payment, term, and refunds
Payments are processed by Stripe. Card details are not received or stored by us.
A season, for the purposes of a Season Pass or a commercial License, ends when the last game of that season has been played, and in any event on the last day of February following the season to which it relates. No License renews automatically except the weekly plan, which continues until canceled.
Access is granted immediately on payment, and all sales are final. Where a game is canceled, a charge is made in error, or an incorrect License is purchased, contact support@fieldtheorypredictions.com for assistance. The weekly plan may be canceled at any time from your account; the current week is not prorated, and access continues to the end of it.
12. Disclaimers
Predictions are statistical estimates supplied for informational purposes. They do not constitute betting advice, investment advice, or professional advice of any kind, and nothing on the Site is a recommendation to take any action. We make no representation or warranty that any Prediction is accurate, that the model will perform consistently with its past performance, or that any outcome will occur. You are solely responsible for any decision you make in reliance on the Site.
To the fullest extent permitted by law, the Site and all content are provided "as is" and "as available", and we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of liability
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with the Site or these Terms. Our total aggregate liability arising out of or in connection with the Site or these Terms shall not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.
14. Third-party data and trademarks
Schedules, scores, and team information are obtained from CollegeFootballData.com. Team names, abbreviations, and colors are used for identification only and do not imply affiliation with, sponsorship by, or endorsement from any institution, conference, or the National Collegiate Athletic Association.
15. Suspension and termination
We may suspend or terminate your access to the Site, and any License, where you breach these Terms. Clauses 5, 9, 12, 13, 16, and 17 survive termination. Termination for breach does not entitle you to a refund.
16. Changes to these Terms
We may amend these Terms from time to time. The date stated at the top of this page indicates when they were last amended. Continued use of the Site following an amendment constitutes acceptance of the amended Terms.
17. General
These Terms constitute the entire agreement between you and Field Theory in respect of the Site and supersede any prior understanding relating to its subject matter. If any provision is held to be unenforceable, that provision shall be modified to the minimum extent necessary and the remaining provisions shall continue in force. No failure or delay in exercising any right constitutes a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a transfer of the business.
18. Governing law and venue
These Terms are governed by the laws of the State of Utah, without regard to its conflict of laws provisions. The state and federal courts located in Utah shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party submits to the jurisdiction of those courts.
19. Contact
Field Theory Predictions LLC. General and billing enquiries: support@fieldtheorypredictions.com. Licensing enquiries: licensing@fieldtheorypredictions.com.