Terms of Service

1. Agreement to Terms

By accessing or using 40Man (the "Service"), operated by 40Man LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

The Service is available at 40man.app and includes the trade calculator, player search, voting module, and any related tools or features provided by 40Man LLC.

2. Eligibility

You must be at least 18 years of age to create an account or use the Service. By creating an account, you represent and warrant that you are at least 18 years old and that all information you provide is accurate and complete.

3. Account Registration

Certain features of the Service require you to create a free account. When you register, you agree to:

• Provide accurate and current information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used for fraudulent or abusive purposes.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use automated scripts, bots, or other means to submit votes, manipulate player values, or interfere with the integrity of the voting system
• Create multiple accounts to circumvent usage limits, voting restrictions, or founding tier eligibility
• Attempt to access, tamper with, or use non-public areas of the Service, our systems, or our technical delivery systems
• Scrape, crawl, or otherwise extract data from the Service in bulk without prior written consent
• Use the Service to transmit harmful, abusive, or unlawful content
• Interfere with or disrupt the Service or impose an unreasonable load on our infrastructure
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Commercially reuse, resell, redistribute, or republish any data, player values, or outputs from the Service without prior written consent

We may monitor, review, and remove any activity or content that violates these Terms, and may restrict or suspend access to the Service at our discretion to protect the integrity of the platform.

5. Founding Tier

5.1 Eligibility

The first 1,000 users to create an account on the Service (the "Founding Members") receive lifetime free access to the 40Man trade calculator and related Phase 1 features, as well as automatic founder-level access to 53Man (our future football product) upon its launch.

5.2 Discretionary Grants

The Company reserves the right to grant Founding Member status at its sole discretion to individuals outside the first 1,000 signups, including but not limited to content creators, influencers, community contributors, strategic partners, or other individuals the Company deems beneficial to the Service. Such grants are subject to the same terms and conditions as standard Founding Member status.

5.3 Definition of "Lifetime"

"Lifetime" means for the duration that the Service remains operational and available. If the Service is permanently discontinued, acquired, or otherwise ceases to operate, the Company's obligation to provide free access to Founding Members ends. The Company will make reasonable efforts to provide advance notice of any such discontinuation.

5.4 Scope of Founding Access

Founding Member status grants free access to the trade calculator, player search, voting module, and any features included in the base paid tier. Premium features introduced in future phases may require a separate paid subscription, even for Founding Members. The availability and scope of founding benefits are subject to the continued operation of the Service and may evolve as the Service develops.

5.5 Non-Transferable

Founding Member status is tied to the individual account and is non-transferable. It may not be sold, assigned, or transferred to another person or account.

5.6 Revocation

The Company reserves the right to revoke Founding Member status from any account that violates these Terms of Service, including but not limited to manipulation of the voting system, creation of multiple accounts, or abusive conduct. Revocation of founding status does not entitle the user to any compensation or refund.

6. Subscriptions and Payment

6.1 Paid Access

After the founding tier is filled, access to the Service requires a paid subscription. Current subscription options are:

• Monthly: $1.99 per month
• Annual: $20.00 per year

Prices are subject to change. We will provide at least 30 days' notice before any price increase takes effect for existing subscribers.

6.2 Billing

All payments are processed through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis at the start of each billing period. Subscriptions auto-renew unless cancelled.

6.3 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation:

• Your access continues through the end of the current billing period
• Auto-renewal is turned off
• No further charges will be made
• You will not receive a refund for any unused portion of the current billing period

6.4 Refund Policy

All payments are non-refundable. There are no refunds or credits for partial subscription periods, plan downgrades, or unused time. Cancellation stops future charges but does not generate a refund for the current period.

7. Voting System

The Service includes a crowdsourced voting system that allows registered users to rank players and draft picks. By participating in voting, you agree that:

• Your votes contribute to aggregate data used in calculating market values
• Individual votes are anonymous in public-facing outputs but may be associated with your account internally for quality control
• The Company may set and adjust daily voting limits at any time
• The Company reserves the right to exclude, weight, or discard votes that it reasonably determines to be fraudulent, automated, or otherwise inauthentic

Systematic manipulation of the voting system constitutes a violation of these Terms and may result in account suspension, termination, or revocation of Founding Member status.

8. Intellectual Property

8.1 Our Property

The Service, including all software, algorithms, data models, player valuations, content, designs, trademarks, and trade dress, is the exclusive property of 40Man LLC and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without prior written consent.

8.2 Your Content

You retain ownership of any content you submit to the Service (such as trade calculations you create). By using the Service, you grant us a non-exclusive, royalty-free license to use aggregated and anonymized data derived from your use of the Service for the purpose of improving the Service.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.

9. Data and Player Values

Player values provided by the Service are generated by a proprietary algorithm blending statistical analysis, expert consensus, and crowdsourced data. These values are intended for informational and entertainment purposes only.

• Player values are not financial advice, investment recommendations, or guarantees of fantasy sports performance
• Values are updated on a daily basis and may change without notice
• The Company makes no warranty regarding the accuracy, completeness, or reliability of any player value or trade recommendation

You acknowledge that fantasy sports decisions involve risk and that the Company is not responsible for any outcomes resulting from your use of the Service.

10. Not a Gambling or Wagering Tool

The Service is a dynasty fantasy baseball analysis and valuation tool. It is not intended for, and shall not be used in connection with, gambling, wagering, betting, or any activity that involves risking money or anything of value on the outcome of a sporting event. The Company makes no representations regarding the legality of fantasy sports or gambling in your jurisdiction. You are solely responsible for ensuring your use of the Service complies with all applicable laws.

11. Third-Party Data Sources

The Service incorporates data from third-party sources including but not limited to publicly available baseball statistics, projections, and rankings. The Company does not control and is not responsible for the accuracy or availability of third-party data. Changes to third-party data sources may affect the Service without prior notice.

12. Service Availability and Changes

The Service is provided on an evolving basis. We reserve the right to modify, update, suspend, or discontinue any part of the Service at any time, with or without notice, including adding or removing features, adjusting voting mechanics, changing data sources, or altering the user interface.

Certain features of the Service may be designated as beta, experimental, or early access. Such features are provided "as is" without any guarantees of continued availability, stability, or performance. Beta features may be modified or removed at any time.

We will make reasonable efforts to notify users of material changes that affect paid subscriptions or Founding Member benefits.

13. Disclaimer of Warranties

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, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 40MAN LLC, ITS MEMBER, OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR USE OF OR INABILITY TO USE THE SERVICE
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
• ANY INTERRUPTION OR CESSATION OF THE SERVICE
• ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SERVICE

THE COMPANY'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

15. Indemnification

You agree to indemnify and hold harmless 40Man LLC, its member, and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party rights.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at ross@40man.app and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved quickly and to your satisfaction through informal communication.

16.2 Binding Arbitration

If we are unable to resolve a dispute informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in Collin County, Texas, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

16.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Claims arising under Section 8 (Intellectual Property) may be brought in state or federal courts located in Collin County, Texas.

17. Termination

We may suspend or terminate your access to the Service at any time, including for violation of these Terms or to protect the integrity of the Service. Upon termination:

• Your right to use the Service ceases immediately
• We are not obligated to retain or provide any data associated with your account
• Provisions of these Terms that by their nature should survive termination shall survive (including Sections 8, 10, 13, 14, 15, 16, and 19)

18. Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, power failures, internet or telecommunications failures, third-party service outages, cyberattacks, or other events outside the Company's reasonable control.

19. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

For changes that materially affect paid subscription terms or Founding Member benefits, we will provide at least 30 days' advance notice via email or in-app notification.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. For any matters not subject to arbitration under Section 16, the exclusive jurisdiction shall be the state or federal courts located in Collin County, Texas.

21. General Provisions

21.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and 40Man LLC regarding the Service.

21.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

21.3 Waiver

The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

21.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

22. Contact Information

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

40Man Terms of Service v2.0