Sim Savant
These Terms of Service (the “Terms”) constitute a legal agreement between you (“you,” “your,” or “User”) and SJC Ventures, LLC, a Minnesota limited liability company operating under the trade name “Sim Savant” (“Sim Savant,” “we,” “us,” or “our”). These Terms govern your access to and use of the Sim Savant website at sim-savant.com (the “Website”), the Sim Savant application (the “App”), the Sim Savant Discord community (the “Discord Server”), and all related products, features, and services offered by Sim Savant (collectively, the “Service”).
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.
You must be at least eighteen (18) years of age to access or use the Service. By accessing or using the Service, you represent and warrant that you are at least 18 years old. We do not knowingly collect information from individuals under 18. If we discover that an account holder is under 18, we will terminate the account immediately.
Daily fantasy sports (“DFS”) participation is restricted or regulated in certain U.S. states and other jurisdictions. You are solely responsible for ensuring that your use of the Service and any related DFS activities comply with the laws and regulations of your jurisdiction, including any age requirements that may be higher than 18 years. Sim Savant is an analytics and information tool; we do not operate DFS contests or accept wagers.
By creating an account, you represent that you are creating the account for yourself and not on behalf of another individual or entity, unless you have express authorization to do so.
Sim Savant provides software, analytics, simulation tools, projections, optimization features, and related content and educational materials intended to assist users in making informed decisions about daily fantasy sports contests. The Service may include subscription-based access to features, Day Passes for short-term access, and free or community content.
Sim Savant is not a daily fantasy sports operator. We do not host contests, accept entry fees, or facilitate wagers of any kind. We provide analytics and informational tools for users to apply at their discretion on third-party DFS platforms (such as DraftKings, FanDuel, and others).
We may modify, enhance, suspend, or discontinue any portion of the Service at any time, with or without notice. Where reasonably practicable, we will provide advance notice of material changes that adversely affect paid subscribers.
To access certain features of the Service, you must create an account by providing accurate and complete information, including a valid email address. You agree to keep your account information current.
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 use of your account or any other breach of security. Sim Savant is not liable for any loss or damage arising from your failure to comply with this Section.
Each user is permitted one (1) account. Multiple accounts created by the same individual or entity may be terminated at our discretion.
You may cancel your account at any time through the Stripe Customer Portal or by contacting customer support. Cancellation takes effect at the end of your current billing period; no partial refunds are issued for unused portions of a billing period.
Sim Savant offers various subscription tiers and Day Pass options, each with different features and pricing. Current pricing and tier descriptions are available on the Website.
Subscriptions are billed in advance on a recurring basis (weekly, monthly, or annually, depending on the tier selected). Day Passes are billed at the time of purchase and provide access for the specified period only.
All payments are processed by Stripe, Inc. (“Stripe”). By providing payment information, you authorize Sim Savant and Stripe to charge your payment method for all applicable fees. You agree to comply with Stripe’s terms of service, available at https://stripe.com/legal.
Subscriptions automatically renew at the end of each billing period at the then-current rate, unless you cancel before the renewal date. By subscribing, you authorize recurring charges to your payment method until you cancel.
We may change subscription prices at any time. For existing subscribers, we will provide at least thirty (30) days’ notice of any price increase, which will take effect at your next renewal. Your continued use of the Service after the notice period constitutes acceptance of the new price. If you do not agree to the new price, you may cancel your subscription before it takes effect.
If a payment fails, we may suspend or terminate your access to paid features. Stripe may automatically retry failed payments according to its standard retry schedule. If payment cannot be collected, your subscription will be terminated.
Subscription prices may not include applicable sales tax, value-added tax, or similar taxes. You are responsible for any such taxes, which may be collected by Stripe and remitted to applicable authorities.
ALL FEES PAID FOR SUBSCRIPTIONS, DAY PASSES, OR OTHER SIM SAVANT SERVICES ARE NON-REFUNDABLE. Customers receive immediate access to the Service upon payment and derive immediate value from such access. We do not offer pro-rated refunds for unused portions of any subscription or Day Pass.
Sim Savant may, in its sole discretion, issue refunds in limited circumstances, including verified technical issues that prevent reasonable use of the Service. Issuance of any discretionary refund does not constitute a waiver of this no-refund policy, does not create an obligation to issue refunds in similar circumstances in the future, and does not entitle other customers to refunds. Requests for discretionary refunds should be directed to support@sim-savant.com.
If you initiate a chargeback or payment dispute with your card issuer for fees that are validly owed, we may immediately suspend or terminate your account. We reserve the right to contest any chargeback that we believe is improper, including by providing evidence of your use of the Service.
You may use the Service only for lawful purposes and only for your personal, non-commercial use of evaluating, analyzing, and constructing DFS lineups for your own DFS contest entries. Commercial use, including resale, sublicensing, or use in a service offered to third parties, requires our written authorization.
You agree not to:
We may, in our sole discretion, suspend or terminate your account for violations of this Section, with or without notice. Repeated or severe violations may result in permanent termination.
Sim Savant operates a Discord Server with both free public channels and premium channels reserved for paying subscribers. Free channels are open to anyone; premium channels require an active paid subscription. Access to premium channels is verified based on your subscription status.
Use of the Discord Server is also subject to Discord, Inc.’s Terms of Service and Community Guidelines, available at https://discord.com/terms and https://discord.com/guidelines. Discord is a separate platform; Sim Savant has no control over Discord’s availability, features, or policies.
Within the Sim Savant Discord Server, you agree to:
Sim Savant reserves the right to remove members from the Discord Server (both free and paid channels) at our sole discretion for violations of these Terms, Discord’s Terms of Service, or community guidelines. Removal from Discord does not entitle you to a refund of any Sim Savant subscription fees, as the App and Discord premium access are distinct components of the Service.
Access to premium Discord channels terminates automatically when your subscription ends, is cancelled, or is suspended. You agree that we may verify subscription status with Discord for the purpose of granting or revoking premium channel access.
You may upload or submit certain data to the Service, including DFS lineup configurations, CSV files of contest results or lineups, and similar DFS-related data (collectively, “Customer Content”). You retain all ownership rights to your Customer Content.
By submitting Customer Content to the Service, you grant Sim Savant a limited, worldwide, non-exclusive, royalty-free license to use, store, process, modify, and transmit your Customer Content solely for the purpose of providing the Service to you. This license terminates when you delete your Customer Content or terminate your account, except as needed to retain backups, legal records, or aggregated/de-identified data.
You are solely responsible for the accuracy, completeness, and lawfulness of your Customer Content. Sim Savant does not verify or validate Customer Content and is not responsible for any errors, omissions, or consequences arising from inaccurate Customer Content.
Sim Savant does not share your Customer Content with other users of the Service. Aggregated, de-identified data derived from Customer Content may be used for analytics and Service improvement, but will not identify you personally.
The Service, including all software, source code, algorithms, simulations, projections, models, data, designs, content, trademarks, and all other materials made available through the Service (the “Sim Savant Materials”), is the exclusive property of Sim Savant and its licensors and is protected by copyright, trademark, and other intellectual property laws.
Subject to these Terms, Sim Savant grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes during the term of your account.
You may not (a) reproduce, distribute, publicly display, publicly perform, or create derivative works based on the Sim Savant Materials; (b) remove or alter any proprietary notices on the Sim Savant Materials; (c) use any data mining, web crawler, or other automated extraction tools on the Service except as permitted herein; or (d) use the Sim Savant Materials to develop a competing product or service.
If you provide Sim Savant with any feedback, suggestions, or ideas concerning the Service (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use your Feedback for any purpose without compensation to you.
“Sim Savant,” the Sim Savant logo, and all related marks are trademarks of SJC Ventures, LLC. You may not use these trademarks without our prior written consent.
The Service provides analytical tools, simulations, projections, and optimization features intended to assist with DFS decision-making. These tools are based on statistical modeling and historical data and are subject to inherent uncertainties. PROJECTIONS, SIMULATIONS, AND OPTIMIZATIONS ARE NOT PREDICTIONS OR GUARANTEES OF FUTURE OUTCOMES.
SIM SAVANT DOES NOT GUARANTEE, WARRANT, OR REPRESENT THAT USE OF THE SERVICE WILL RESULT IN WINNING DFS CONTESTS, PROFITABLE LINEUPS, POSITIVE FINANCIAL OUTCOMES, OR ANY SPECIFIC RESULT. DFS INVOLVES RISK OF FINANCIAL LOSS. PAST PERFORMANCE OF ANY ANALYTICAL METHOD, MODEL, OR STRATEGY DOES NOT GUARANTEE FUTURE RESULTS.
You are solely responsible for: (a) all decisions regarding your DFS contest entries; (b) the lineups you construct, edit, or submit, whether or not based on Sim Savant’s tools or recommendations; (c) any financial losses arising from your DFS participation; (d) compliance with the terms of service of any third-party DFS platform on which you participate; (e) any tax consequences of your DFS activity; and (f) responsible participation in DFS, including managing your own risk and avoiding problem gambling behavior.
Nothing on the Service constitutes investment advice, financial advice, gambling advice, or a recommendation to engage in any specific DFS contest or strategy. The Service is provided for informational and analytical purposes only.
If you or someone you know is experiencing problem gambling, please seek help. The National Council on Problem Gambling provides a 24/7 confidential helpline at 1-800-GAMBLER, or visit https://www.ncpgambling.org.
The Service is designed to assist with DFS contests offered by third parties (such as DraftKings and FanDuel). Sim Savant is not affiliated with, endorsed by, or sponsored by any third-party DFS platform. Your use of any third-party DFS platform is governed solely by that platform’s terms of service. We make no representations regarding the availability, terms, or reliability of any third-party platform.
The Service may rely on or integrate with third-party services, including Stripe (payment processing), Vercel (hosting), Supabase (database services), Discord (community), and others. Your use of any third-party service is also subject to the third party’s own terms of service and privacy policy.
References to third-party products, services, or websites on the Service do not constitute endorsements. We are not responsible for the content, availability, or practices of any third-party services.
Your privacy is important to us. Please review our Privacy Policy, available at sim-savant.com/privacy, which describes how we collect, use, and disclose information about you. By using the Service, you consent to the data practices described in our Privacy Policy.
THE SERVICE 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, NON-INFRINGEMENT, ACCURACY, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT PROVIDE ANY SERVICE LEVEL AGREEMENT (“SLA”) OR UPTIME GUARANTEE. SIM SAVANT WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN AVAILABILITY OF THE SERVICE.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF DATA, PROJECTIONS, SIMULATIONS, STATISTICS, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SIM SAVANT, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DFS WINNINGS OR ENTRIES, LOST SAVINGS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SIM SAVANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIM SAVANT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SIM SAVANT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS (US$100).
THE LIMITATIONS IN THIS SECTION 14 ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SIM SAVANT AND WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or certain other damages. In such jurisdictions, the limitations in this Section will apply to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Sim Savant and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Service; (b) your Customer Content; (c) your DFS contest entries, results, or financial outcomes; (d) your violation of these Terms; (e) your violation of any law or third-party right (including any third-party DFS platform’s terms of service); or (f) your conduct in the Sim Savant Discord Server. Sim Savant reserves the right to assume the exclusive defense of any matter subject to indemnification by you, in which case you will cooperate with Sim Savant in asserting any available defenses.
These Terms and any disputes arising out of or relating to these Terms or the Service will be governed by the laws of the State of Minnesota, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, INCLUDING THE FORMATION, BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, WILL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES (THE “AAA RULES”).
The arbitration will be conducted by a single arbitrator in Minneapolis, Minnesota, or, at either party’s election, by videoconference. The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own attorneys’ fees and costs in arbitration, except that the arbitrator may award attorneys’ fees to the prevailing party if permitted by applicable law.
Notwithstanding Section 16(2), either party may bring an individual action in small claims court for claims that fall within the small claims court’s jurisdiction (currently $15,000 in Minnesota).
Notwithstanding Section 16(2), either party may seek injunctive or other equitable relief in court for breaches of intellectual property rights, confidentiality, or other matters where monetary damages would be inadequate.
YOU AND SIM SAVANT AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. NEITHER YOU NOR SIM SAVANT WILL HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS. If a court determines that this class action waiver is unenforceable for any claim or dispute, then the entire arbitration provision in Section 16(2) will be unenforceable as to that claim, and the dispute will be brought in court as set forth in Section 16(7).
For any dispute not subject to arbitration, you and Sim Savant agree to submit to the exclusive jurisdiction of the state and federal courts located in Hennepin County, Minnesota.
Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year of the event giving rise to the claim, or the claim is permanently barred.
Sim Savant may suspend or terminate your account and access to the Service at any time, with or without notice and with or without cause, including for (a) violation of these Terms; (b) fraudulent activity, chargebacks, or non-payment; (c) violation of any third-party DFS platform’s terms of service; (d) conduct in the Discord Server that violates these Terms; (e) other conduct we determine to be harmful to Sim Savant, its users, or third parties; or (f) discontinuation of the Service.
Upon termination, your right to access and use the Service will immediately cease. Sim Savant may delete your account, Customer Content, and other data associated with your account, except as required to retain for legal, regulatory, or operational purposes. Sections that by their nature should survive termination (including Sections 8, 9, 13, 14, 15, 16, 18, and 19) will survive.
Termination of your account does not entitle you to a refund of any fees paid, except as expressly provided in these Terms.
We may modify these Terms at any time. If we make material changes, we will notify you by email (to the address associated with your account) or by posting a notice on the Service at least thirty (30) days before the changes take effect.
Your continued access to or use of the Service after the effective date of the modified Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may cancel your account.
These Terms, together with the Privacy Policy and any other agreements or policies expressly referenced herein, constitute the entire agreement between you and Sim Savant regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the extent necessary to make it enforceable while preserving the parties’ original intent.
Sim Savant’s failure to enforce any provision of these Terms is not a waiver of that or any other provision.
You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. Sim Savant may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or other corporate transaction, or to any affiliate.
Sim Savant will not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, third-party service outages, or pandemics.
We may provide notices to you by email to the address associated with your account, by posting on the Website, or by other reasonable means. You may provide notices to us at support@sim-savant.com.
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Sim Savant.
For questions about these Terms, please contact us at support@sim-savant.com or by mail at SJC Ventures, LLC, operating as Sim Savant, [Mailing Address To Be Inserted Upon PO Box Confirmation].
SJC Ventures, LLC, operating as Sim Savant
Email: support@sim-savant.com