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"), receiving APE editorial content through our private, read-only Discord editorial delivery channel (the "Discord Channel"), 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 read-only Discord Channel, 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 twenty-one (21) years old, or the age of majority in your jurisdiction (whichever is greater), to use the Services. APE Analytics applies a 21+ age standard because our editorial content covers sports and sports-related markets, and this standard aligns with the most restrictive legal-gambling age in the United States. This does not mean the Services are gambling; it means we do not want our editorial audience to include readers under 21. By using the Services, you represent and warrant that:

• You are at least twenty-one (21) years old and have the 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 access to our paid Discord Channel, 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 Channel 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 taken by Discord Inc. against your Discord account or for the availability of the Discord platform itself.

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 [email protected].

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 Discord Channel — 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 Discord Channel 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
• Attempt to circumvent the read-only configuration of the Discord Channel or to introduce user-generated content into it by any means

8. Discord Editorial Delivery Channel

Read-only editorial channel. The Discord Channel is a private, read-only editorial delivery channel operated by APE. Only APE editorial staff post to the Discord Channel. Subscribers do not post, reply, react, thread, or send member-to-member messages within the Discord Channel. The Discord Channel is not operated as a discussion forum, chat room, or user community.

What is posted. APE staff use the Discord Channel to publish editorial notices, announce and link to research published on the Site, share methodology notes, and post corrections and administrative messages. See our Editorial Standards, Section 9 for the full description of what is and is not posted.

APE's editorial control. APE reserves the right, at its sole discretion, to edit, remove, or replace any content APE itself has posted to the Discord Channel, including for corrections, clarifications, or compliance reasons. APE also reserves the right to suspend or revoke any subscriber's access to the Discord Channel for a material violation of these Terms or applicable law. Access revocation for cause does not entitle you to a refund; see our Refund and Subscription Policy.

Discord platform. 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

No user-generated content in the Discord Channel. The Discord Channel is read-only. APE does not solicit, invite, or host user-generated content in the Discord Channel, and subscribers cannot post, reply, react, thread, or otherwise contribute content to the Discord Channel. Accordingly, the Discord Channel does not include any "User Content" as ordinarily understood.

User-generated content on external channels. If APE at any time enables comments on the Site, permits submissions to editorial mailboxes intended for publication, or operates any additional channel that accepts user submissions (each, an "External Channel"), any messages, images, files, links, or other content contributed by users or third parties on such External Channel ("User Content") remains the sole responsibility of the person who provides it. Opinions and other statements expressed on External Channels are those of their authors alone and do not represent the opinions of APE.

Section 230. APE operates as an interactive computer service. APE shall not be treated as the publisher or speaker of any User Content as provided by 47 U.S.C. § 230(c)(1). Consistent with 47 U.S.C. § 230(c)(2), APE may in good faith restrict access to or remove material that we consider obscene, lewd, lascivious, filthy, excessively violent, harassing, defamatory, unlawful, or otherwise objectionable, whether or not such material is constitutionally protected. Nothing in these Terms is intended to waive, and nothing APE does in operating or moderating the Services (including the read-only Discord Channel or any External Channel) shall be construed to waive, the protections and immunities available under Section 230.

Your license to APE for User Content on External Channels. By submitting User Content through any External Channel, 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.

Publicly available content. APE may in its editorial discretion reference, quote, screenshot, embed, or respond to content that subscribers or third parties publish on public platforms outside APE's operated channels (for example, on X, Instagram, TikTok, or public sports-media sites). APE's practices for interacting with such external content are governed by APE's internal User-Generated Content & Ambassador Policy, available on request from [email protected].

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 [email protected] 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 Discord Channel 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: [email protected]