Terms of Service

1 Who we are and how to reach us

The Farm is operated by CALLTHEFARM, LLC, an Oregon limited liability company (CallTheFarm, we, us, or our). The Farm or the Service means our mobile applications, callthefarm.com and its subdomains, our APIs, and related features and content.

2 Agreement and related policies

These Terms are a legally binding agreement between you and CallTheFarm. By creating an account, accessing the Service, or using any part of it, you agree to these Terms. If you do not agree, do not use the Service.

The contest rules, acceptable-use rules, intellectual-property terms, and app-store terms that apply to the current Service are included in this document. Our Privacy Policy at https://callthefarm.com/privacy describes how we handle personal information. It is not part of these Terms, but it governs our data practices.

3 Eligibility

To use the Service, you must be at least 18 years old, reside in and access the Service from one of the fifty United States or the District of Columbia, have legal capacity to enter a binding contract, and not be barred from using the Service by law or a prior termination.

The Service is not directed to and may not be used by anyone under 18, including with parental permission. You must confirm your age and United States residency when you create an account. A false confirmation is a material breach. If we learn that an account belongs to someone under 18, we may terminate it and delete associated personal information as described in the Privacy Policy.

We may use an IP-derived country code to enforce the United States-only restriction. Attempting to defeat that restriction through a VPN, proxy, or similar method is prohibited.

4 Your account

4.1 Registration You may create an account directly in the Service. Group membership is private and generally requires an invitation, but account creation itself is not invitation-only. Provide accurate information and keep it current.

4.2 One account per person You may hold only one account. Additional accounts used to evade enforcement, gain a contest advantage, or inflate participation are prohibited.

4.3 Account security You are responsible for safeguarding your credentials and for activity under your account. Notify [email protected] promptly if you suspect unauthorized access.

4.4 Notices Keep your account email current. We may send account, security, legal, group, and contest notices to that address.

5 License to use the Service

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own non-commercial entertainment.

You may not copy, modify, translate, or create derivative works of the Service; reverse engineer or decompile it except where law forbids that restriction; use bots, crawlers, or unauthorized automation; extract or reuse sports data, standings, or other members' picks outside ordinary use; resell or commercially exploit the Service; evade access controls, rate limits, geographic restrictions, or security measures; interfere with operation; or remove proprietary notices.

6 Private groups

6.1 Private membership The current Service operates through private groups created by members. Groups are not publicly listed. A person must receive or use an authorized invitation and accept it before joining.

6.2 Group owners A member who creates a group is its owner or commissioner. Creating and maintaining a group is free in this version of the Service.

6.3 Owner powers Within the tools we provide, owners may configure contests, choose sports and formats, add events or questions, set permitted lock times and scoring options, invite or remove members, enter or correct results when a format requires commissioner action, complete periods, and manage group identity.

6.4 Owner limits Owners may not offer prizes, collect contest-related money, alter locked picks, misuse correction tools, misrepresent affiliation, harass members, or use group controls to violate these Terms. Owners act for themselves and are not our agents.

6.5 Ownership transfer and deletion An owner who wants to delete an account must first transfer each owned group to an eligible member or delete the group. Deleting a group removes its contests and shared history for its members.

7 Contest rules

7.1 Free entertainment Every contest is free to create and enter and is played only for entertainment and bragging rights. No contest may award anything of value.

7.2 Formats and in-product rules The Service may offer spread picks, straight pick'em, over-under, survivor or elimination, confidence, bracket, golf, futures, props, and other formats. Available sports and formats may change. Format-specific scoring, tiebreakers, pick counts, elimination rules, and event treatment shown in the Service form part of the rules for that contest.

7.3 Lock times Selections must be submitted before their displayed lock time. Our server time controls. Once a selection locks, it ordinarily cannot be submitted, changed, or withdrawn. Device clock differences, connectivity failures, app failures, or travel do not extend the deadline.

7.4 Pick visibility The contest format and group settings determine when picks become visible to other group members. Do not assume a selection remains private after submission or lock.

7.5 Missed picks The in-product rules determine the effect of a missed selection, which may include no points, an automatic selection, elimination, or another disclosed result.

8 Sports data scoring and corrections

8.1 Third-party data Schedules, scores, event status, rosters, standings, spreads, totals, moneylines, and related information may come from third-party sources. Data may be delayed, incomplete, or wrong. Official league sources remain authoritative for the underlying event.

8.2 Settlement The Service scores selections using its recorded contest settings, locked data, provider results, and commissioner-entered results where applicable. Automatic settlement may lag the real-world event.

8.3 Corrections and overrides We, and authorized commissioners where the Service permits, may enter or correct event results, prop results, scores, voids, and period completion when provider data is unavailable or wrong, a scoring bug is found, or a manual format requires it. Correction activity may be recorded. We may re-score affected periods and standings. Report suspected scoring errors promptly to [email protected].

8.4 Event changes The in-product rules and our reasonable determination govern postponed, cancelled, shortened, abandoned, forfeited, rescheduled, or otherwise changed events. Affected selections may carry over, be voided, or be scored using an official result.

8.5 Availability We may add, change, suspend, cancel, or discontinue any sport, event, contest, format, group, or feature.

9 No wagering prizes or money collection

This section is fundamental. A violation is a material breach and may result in immediate permanent termination.

You may not offer, promise, award, or distribute any prize or thing of value in connection with a contest; collect, request, solicit, or accept any entry fee, buy-in, stake, contribution, or payment connected to a contest; organize or advertise a betting pool, wagering arrangement, or money-based competition using the Service; promote a sportsbook, casino, or gambling service through the Service; solicit or settle wagers between members; or describe a group or contest as offering money or prizes.

CallTheFarm is not a sportsbook, bookmaker, casino, gambling operator, daily fantasy sports operator, payment processor, or money transmitter. We do not accept, process, hold, or transmit wagers, entry fees, contest funds, or prizes. Report suspected violations to [email protected].

10 Your content

10.1 What this covers Your Content means information or material you submit for display or use in the Service, such as display names, usernames, group and contest names or descriptions, invitations, commissioner-authored questions and options, reports, support communications, and feedback.

10.2 Ownership and license You retain rights you have in Your Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, format, display, transmit, moderate, and otherwise use Your Content only as needed to operate, secure, support, and improve the Service.

10.3 Your responsibility You represent that you have the rights needed to submit Your Content and that it does not violate law, another person's rights, or these Terms.

10.4 Deletion and shared history The license generally ends when the content or account is deleted. It may continue for content incorporated into another member's shared group or contest history, content another member has copied, de-identified records, safety records, and backups until they expire through their ordinary cycle, as described in the Privacy Policy.

10.5 Feedback We may use suggestions and ideas you submit without restriction or compensation.

11 Acceptable use

You may not use the Service to violate law; impersonate a person or entity; misrepresent affiliation with us, a league, team, school, media organization, or public figure; infringe intellectual-property, privacy, or publicity rights; harass, bully, stalk, threaten, defame, or abuse anyone; publish hateful, sexually explicit, exploitative, or graphic content; reveal another person's private information without permission; promote illegal goods or conduct; send spam or malicious links; transmit malware; probe or attack systems without written authorization; scrape data; manipulate contests through collusion, multiple accounts, bugs, automation, or material non-public information; evade moderation; or help another person do any of these things.

Do not use display names, group names, contest names, descriptions, questions, or other fields for slurs, obscenity, sexual content, deceptive affiliation, infringing marks, gambling references, money collection, spam, or encoded attempts to evade moderation.

12 Reporting blocking moderation and appeals

12.1 Reporting Use the in-app report control where available or email [email protected]. Include enough information to identify the group, account, content, and conduct. If someone faces immediate danger, contact emergency services first.

12.2 Blocking You may block another member. Blocking limits how that person's identity and activity appear to you, but it does not necessarily remove either person from a shared group or erase shared contest records.

12.3 Moderation We may investigate reports, remove or reset content, restrict features, remove members or groups, preserve relevant evidence, suspend accounts, or terminate accounts. We are not obligated to monitor every group or communication, and action in one matter does not require the same action in another.

12.4 Appeals You may appeal a content or account enforcement decision by emailing [email protected] with the subject Appeal, your account email, the decision, and the reason you believe it was mistaken. We will review the appeal and communicate the result.

13 Communications

13.1 Service messages We may send messages needed to operate or secure your account and respond to your actions, including verification, password reset, security, invitation, pick, reminder, result, moderation, and support messages. You cannot opt out of messages that are necessary to provide an active account.

13.2 Promotional email Promotional email requires a separate opt-in where required. You may unsubscribe using the link in the message.

13.3 Push notifications If you enable push notifications, we may send account, group, and contest notices. You may change notification preferences in the Service or device settings.

13.4 Electronic delivery You consent to receive agreements and notices electronically where permitted by law.

14 Third-party services and links

The Service relies on or links to app stores, hosting and network providers, email and notification services, artificial-intelligence services, sports-data sources, and other third parties. We do not control their independent services, content, practices, or availability. Your direct use of a third-party service is governed by that party's terms.

15 Suspension termination and account deletion

15.1 By you You may stop using the Service at any time. You may permanently delete your account in Profile or follow https://callthefarm.com/delete-account. Deletion is irreversible.

15.2 By us We may restrict, suspend, or terminate an account or access when we reasonably believe you breached these Terms, created legal or safety risk, engaged in fraud or abuse, or when law requires it. We may discontinue the Service.

15.3 Effect Your license ends when access terminates. Provisions that by their nature should survive will survive, including content licenses for retained shared records, prohibited-money terms, disclaimers, liability limits, indemnification, dispute resolution, and governing law.

16 Intellectual property and non-affiliation

16.1 Our property The Service, including its software, design, interface, text, graphics, logos, and The Farm branding, is owned by CallTheFarm or its licensors and protected by law. Rights not expressly granted are reserved.

16.2 Third-party marks League, team, school, competition, event, athlete, broadcaster, and other third-party names and marks belong to their owners. References in the Service identify sports, teams, games, events, or participants and do not imply sponsorship, endorsement, license, affiliation, or approval.

16.3 Independent service The Farm is not affiliated with, endorsed by, sponsored by, licensed by, or approved by the NFL, NBA, MLB, NHL, MLS, NCAA, PGA TOUR, FIFA, ESPN, or any league, conference, team, school, athlete, governing body, media organization, or data provider.

16.4 Complaints A rights holder may report copyright, trademark, publicity, or other intellectual-property concerns to [email protected]. Identify the protected work or mark, the challenged material and where it appears, your contact information, your authority to act, and why you believe the use is unauthorized. We may request more information, remove material, notify the affected member, and address repeat infringement.

17 Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED AS IS AND AS AVAILABLE, WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT SPORTS DATA, ODDS, SCHEDULES, RESULTS, OR SCORING WILL BE ACCURATE, COMPLETE, OR CURRENT. WE ARE NOT RESPONSIBLE FOR MEMBER CONTENT OR MEMBER CONDUCT.

Nothing in this section excludes a warranty or remedy that cannot lawfully be excluded. You may have additional rights under your state's law.

18 Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CALLTHEFARM AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING FROM THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS.

These limits apply even if a limited remedy fails. Where law does not permit a limitation, liability is limited to the greatest extent permitted. Nothing limits liability where a limitation is prohibited, including for fraud, willful misconduct, gross negligence, or personal injury where applicable.

19 Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless CallTheFarm and its members, managers, officers, employees, contractors, and agents from claims, losses, liabilities, damages, costs, and expenses arising from your use of the Service, Your Content, your breach of these Terms, your violation of law or another person's rights, or a contest or group you organize. We may control the defense of an indemnified matter, and you will cooperate.

20 Changes to these Terms

We may update these Terms. We will update the version and effective date and provide notice required by law. For a material change, we may notify you by email or in the Service and require affirmative acceptance before continued use. If you do not agree, stop using the Service and delete your account.

21 Dispute resolution arbitration and class action waiver

Read this section carefully. It affects your right to file a lawsuit in court and have a jury trial.

21.1 Informal resolution Before starting arbitration or litigation, you and we agree to try to resolve the dispute informally. Send a Notice of Dispute to [email protected] describing the dispute, requested relief, and your contact information. Neither party may begin arbitration or litigation for 60 days after notice. This period tolls any applicable limitations period.

21.2 Small claims Either party may bring an individual claim in small claims court with proper jurisdiction and venue if the claim qualifies.

21.3 Binding individual arbitration Except for Sections 21.2 and 21.5, a dispute arising from these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules as modified here. The Federal Arbitration Act governs this section.

21.4 Procedure A single arbitrator will conduct the proceeding. Unless the parties agree otherwise, a hearing will occur by telephone or video, or in your county of residence at your election. The arbitrator may award relief available in court on an individual basis. The arbitrator may not award class, collective, consolidated, or representative relief. AAA's consumer fee rules govern costs.

21.5 Exceptions Either party may seek injunctive or equitable relief in court to protect intellectual property or stop unauthorized access to or misuse of the Service.

21.6 Class action waiver YOU AND CALLTHEFARM MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this waiver is unenforceable for a particular claim or remedy, only that claim or remedy will be severed and heard in court.

21.7 Right to opt out You may opt out of Sections 21.3, 21.4, and 21.6 within 30 days after first accepting these Terms. Email [email protected] with the subject Arbitration Opt-Out and include your name and account email. Opting out does not affect other provisions or your use of the Service.

21.8 Coordinated filings If 25 or more substantially similar arbitration demands are filed against us with coordinated assistance, the parties will cooperate with AAA to administer them in batches of no more than 50 with one arbitrator per batch. Limitations periods are tolled while a claim awaits a batch.

21.9 Changes and survival A material change to this section does not apply to a dispute for which notice was already given. You may reject a future change to this section by emailing [email protected] within 30 days after the change. This section survives termination.

22 Governing law and venue

Oregon law governs these Terms without regard to conflict-of-laws rules. Nothing in these Terms deprives you of non-waivable consumer protections of your home state.

For disputes not subject to arbitration, the state and federal courts in Multnomah County, Oregon have jurisdiction and venue, except where a non-waivable right permits you to proceed in your home state.

23 Apple App Store and Google Play terms

23.1 Apple agreement If you obtained the app through the Apple App Store, these Terms are between you and CallTheFarm, not Apple. CallTheFarm, not Apple, is responsible for the app and its content.

23.2 Apple license Your license is non-transferable and permits use on Apple-branded products you own or control as allowed by the Apple Media Services Usage Rules, including access by associated accounts through Family Sharing or volume purchasing where permitted.

23.3 Apple support warranty and claims CallTheFarm is responsible for maintenance, support, applicable warranties, product claims, and intellectual-property claims concerning the app. Apple has no maintenance or support obligation. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund any purchase price for the app. To the maximum extent permitted by law, Apple has no other warranty obligation.

23.4 Apple legal compliance You represent that you are not located in a country subject to a United States embargo or designated by the United States government as supporting terrorism, and that you are not on a United States government prohibited- or restricted-party list.

23.5 Apple third-party beneficiary Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the Apple-specific terms against you.

23.6 Google Play If you obtained the app through Google Play, these Terms are between you and CallTheFarm, not Google. Google is not responsible for the app, its content, maintenance, or support. Your use must comply with the Google Play terms then in effect.

23.7 Support Questions or claims about the app should be directed to [email protected].

24 General

These Terms and any feature-specific terms you affirmatively accept are the entire agreement about the Service. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder continues. Failure to enforce a provision is not a waiver. You may not assign these Terms. We may assign them to an affiliate or with a merger, acquisition, financing, reorganization, or sale of assets.

Events beyond our reasonable control excuse delay or failure. These Terms do not create a partnership, joint venture, employment, fiduciary, or agency relationship. Except for Apple as stated above, there are no third-party beneficiaries. Headings are for convenience; including means including without limitation.