Terms of Service

Welcome to Clinch. By downloading, installing, or using our mobile application, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully before using our service.

1. Acceptance of Terms

By accessing or using Clinch, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our application. These Terms constitute a legally binding agreement between you and Clinch.

2. Description of Service

Clinch is a sports analytics application that provides:

• Real-time playoff probability calculations for NHL, NBA, and MLB teams
• Monte Carlo simulations (25,000 daily) based on current standings and remaining schedules
• Game impact analysis showing how wins and losses affect playoff odds
• Push notifications for game starts, endings, and significant probability changes
• AI-generated insights and explanations powered by GPT-4
• Live game tracking with standings implications
• Historical probability charts and trends

3. Subscription Terms

Free Tier

The free tier allows you to:

• Follow one (1) team per sport (NHL, NBA, MLB)
• Receive real-time probability updates
• Get game start and end notifications
• View basic game impact analysis

Free users are subject to team change restrictions after their initial selection to prevent abuse.

Pro Subscriptions

Pro subscriptions unlock unlimited team tracking and premium features:

Cancellation

You may cancel your subscription at any time through your device's account settings:

• iOS: Settings > [Your Name] > Subscriptions > Clinch > Cancel Subscription
• Android: Google Play Store > Menu > Subscriptions > Clinch > Cancel

Cancellation takes effect at the end of your current billing period. You will retain access to Pro features until then. No partial refunds are provided for unused portions of a subscription period.

Refunds

Refunds are handled exclusively by Apple (for iOS) or Google (for Android) according to their respective refund policies. We do not process refunds directly. To request a refund:

• iOS: Visit reportaproblem.apple.com
• Android: Visit play.google.com/store/account

4. Account and Device

Clinch creates an account based on your device identifier. You are responsible for:

• Maintaining the security of your device
• All activity that occurs under your account
• Keeping your device's operating system updated

We reserve the right to terminate accounts that violate these Terms or engage in fraudulent activity.

5. Acceptable Use

You agree to use Clinch only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the app for any commercial purpose without our prior written consent
• Attempt to circumvent free tier limitations through multiple accounts or devices
• Use automated systems, bots, or scripts to access the service
• Reverse engineer, decompile, disassemble, or attempt to extract the source code
• Interfere with or disrupt the service, servers, or connected networks
• Scrape, harvest, or collect data from the service without authorization
• Redistribute, resell, or sublicense any part of the service
• Use the service in any way that violates applicable laws or regulations

6. Sports Data and Probabilities

7. Intellectual Property

All content, features, functionality, and design of Clinch are owned by us and are protected by copyright, trademark, patent, and other intellectual property laws. This includes:

• The Clinch name, logo, and branding
• Our Monte Carlo simulation algorithms and methodology
• App interface design and user experience
• AI-generated content and insights

You may not copy, modify, distribute, sell, or create derivative works without our express written permission.

Team names, logos, and league trademarks (NHL, NBA, MLB) are the property of their respective owners and are used for identification purposes only.

8. Third-Party Services

Clinch integrates with and relies on third-party services including:

• Apple App Store / Google Play Store for app distribution and payments
• RevenueCat for subscription management
• Supabase for data storage and real-time updates
• Expo for push notifications and app infrastructure
• OpenAI for AI-powered insights
• Official league APIs for sports data

Your use of these services is subject to their respective terms and conditions. We are not responsible for the practices of these third parties.

9. Service Availability

We strive to provide reliable service but do not guarantee that Clinch will be available at all times. The service may be interrupted for:

• Scheduled or unscheduled maintenance
• Technical difficulties, outages, or server issues
• Updates to improve features or security
• Factors beyond our control (network issues, third-party service outages)

We are not liable for any loss or damage resulting from service interruptions or unavailability.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Clinch is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied
• We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• We are not liable for any loss of profits, data, use, goodwill, or other intangible losses
• Our total liability shall not exceed the amount you paid us in the 12 months prior to the claim

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of these limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Clinch and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the service or violation of these Terms.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes by:

• Posting the new Terms on this page
• Updating the "Last updated" date at the top
• Sending an in-app notification for significant changes

Your continued use of Clinch after changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you should discontinue use of the service.

13. Termination

We may terminate or suspend your access to Clinch immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Fraudulent or illegal activity
• Abuse of the service or other users
• Non-payment of subscription fees

Upon termination:

• Your right to use the service will immediately cease
• Active subscriptions will not be refunded but will remain active until the billing period ends
• We may delete your account data after a reasonable period

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes arising from these Terms or your use of Clinch shall be resolved through:

• Good faith negotiation between the parties
• If negotiation fails, binding arbitration in accordance with applicable arbitration rules

You agree to waive any right to participate in class action lawsuits or class-wide arbitration against Clinch.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Clinch regarding the use of our service, superseding any prior agreements or communications.

17. Contact Us

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