Terms & Conditions

Last updated: December 29, 2024

1. Introduction

Welcome to VARIANCE ("Company," "we," "our," or "us"). These Terms & Conditions ("Terms") govern your access to and use of our website, applications, and services (collectively, the "Platform") located at variancedfs.com and any related subdomains.

VARIANCE provides daily fantasy sports ("DFS") analytical tools, lineup optimization, projections, and simulation services. We do not operate any gambling or wagering services. Our Platform is designed to help DFS players make more informed decisions through data analysis and optimization technology.

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

2. Eligibility

To use the Platform, you must:

  • Be at least 18 years of age (or 21 in jurisdictions where required for DFS participation)
  • Be a legal resident of a jurisdiction where DFS is permitted
  • Have the legal capacity to enter into a binding agreement
  • Not be prohibited from using the Platform under applicable laws

You represent and warrant that all information you provide during registration and at all other times is accurate, complete, and current. We reserve the right to suspend or terminate your account if any information proves to be inaccurate, incomplete, or fraudulent.

3. Account Registration

To access certain features of the Platform, you must create an account. When creating an account, you agree to:

  • Provide accurate and complete registration information
  • Maintain the security and confidentiality of your login credentials
  • Immediately notify us of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

You may not share your account credentials or allow others to access your account. We reserve the right to disable any account at any time for any reason, including violation of these Terms.

4. Subscription Services

4.1 Subscription Plans

VARIANCE offers subscription-based access to premium features through our Elite and Shark tiers. Subscription details, including features and pricing, are available on our pricing page and may be updated from time to time.

4.2 Free Trial

All subscription tiers include a 7-day free trial for new subscribers. During the trial period, you will have full access to the features of your selected subscription tier. At the end of the trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

You may only use one free trial per account. We reserve the right to limit free trials to prevent abuse.

4.3 Billing

Subscriptions are billed in advance on a monthly or annual basis, depending on your selected billing cycle. By subscribing, you authorize us to charge your designated payment method for the applicable subscription fees.

Subscription fees are non-refundable except as expressly set forth in these Terms or as required by applicable law.

4.4 Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. You will continue to have access to your subscription features until the end of your paid period.

To cancel, visit your account settings or contact our support team. Upon cancellation, your account will revert to limited access at the end of your billing period.

4.5 No Refunds or Money-Back Guarantee

VARIANCE does not offer refunds or a money-back guarantee. All subscription payments are final and non-refundable, except where required by applicable law. This includes:

  • Partial month or partial year refunds for canceled subscriptions
  • Refunds for unused features or services
  • Refunds due to dissatisfaction with the service
  • Refunds for accidental purchases (please review carefully before subscribing)

We encourage you to take full advantage of the 7-day free trial to evaluate our services before committing to a paid subscription.

4.6 Price Changes

We reserve the right to modify subscription prices at any time. Price changes will not affect your current billing period but will apply to subsequent billing periods. We will provide reasonable notice of any price changes.

5. Acceptable Use

You agree not to:

  • Use the Platform for any unlawful purpose or in violation of any applicable laws
  • Share, resell, or redistribute your account access or any data from the Platform
  • Use automated systems, bots, or scripts to access the Platform without authorization
  • Attempt to reverse engineer, decompile, or extract source code from the Platform
  • Interfere with or disrupt the Platform's infrastructure or security measures
  • Scrape, harvest, or collect data from the Platform without permission
  • Impersonate any person or entity or misrepresent your affiliation
  • Use the Platform to transmit malware, spam, or other harmful content
  • Circumvent any usage limits or restrictions associated with your subscription tier

Violation of these acceptable use provisions may result in immediate termination of your account without refund.

6. Intellectual Property

The Platform and its contents, including but not limited to text, graphics, images, logos, software, algorithms, data compilations, and the selection and arrangement thereof, are owned by or licensed to VARIANCE and are protected by copyright, trademark, and other intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable license to access and use the Platform for your personal, non-commercial use in connection with DFS contest participation. This license does not include:

  • The right to resell or commercially exploit the Platform or its contents
  • The right to copy, reproduce, or distribute Platform content
  • The right to modify or create derivative works from the Platform
  • The right to use data mining, robots, or similar data gathering methods

7. Disclaimers

7.1 No Guarantee of Results

VARIANCE provides analytical tools and projections based on statistical analysis and historical data. We do not guarantee any specific results, winnings, or outcomes. DFS contests involve significant skill and chance, and past performance does not guarantee future results.

7.2 Not Gambling Services

VARIANCE is an analytical tool provider, not a gambling operator. We do not accept wagers, operate contests, or handle prize payouts. Any participation in DFS contests occurs on third-party platforms (such as DraftKings or FanDuel), and you are subject to their terms and conditions.

7.3 Data Accuracy

While we strive to provide accurate projections and data, we do not guarantee the accuracy, completeness, or timeliness of any information on the Platform. Projections are estimates based on available data and are subject to change.

7.4 "As Is" Service

THE PLATFORM IS 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, AND NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VARIANCE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or data
  • Losses from DFS contest participation
  • Costs of substitute services
  • Any damages arising from your use of or inability to use the Platform

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO VARIANCE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless VARIANCE and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Platform, your violation of these Terms, or your violation of any rights of a third party.

10. Responsible Gaming

VARIANCE promotes responsible participation in daily fantasy sports. We encourage all users to:

  • Set personal limits on time and money spent on DFS
  • Never play with money you cannot afford to lose
  • Take breaks if DFS is causing stress or financial hardship
  • Seek help if you believe you may have a gambling problem

If you or someone you know has a gambling problem, please contact the National Council on Problem Gambling at 1-800-522-4700 or visit www.ncpgambling.org.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.

12. Termination

We may terminate or suspend your account and access to the Platform at any time, with or without cause, with or without notice. Upon termination:

  • Your right to use the Platform will immediately cease
  • You will not be entitled to any refund of subscription fees
  • Any provisions of these Terms that should survive termination will survive

13. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in any court of competent jurisdiction.

14. Contact Information

If you have any questions about these Terms, please contact us at:

VARIANCE

Email: legal@variancedfs.com

Website: variancedfs.com

Acknowledgment

By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree to these Terms, you must not use the Platform.