Effective August 18, 2026
A plain-English summary is published alongside this document. It is provided for readability only — this document is the one that governs.
These Terms of Service (these "Terms") are a binding agreement between you ("you" or "your") and Dive Down Sports, LLC, a Georgia limited liability company ("we," "us," or "our"), the operator of Dive Down Sports and the website and services available at divedown.ai (such website and such services collectively, the "Service") and apply to the use of the Service. By creating an account, subscribing, or using the Service, you accept these Terms. If you do not agree with these Terms, do not use the Service.
Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on our website, subject to the notice requirements in Section 16. You should review these Terms before using the Service. Your continued use of our website and the Service after the effective date of a revision (as described in Section 16) will constitute your acceptance of and agreement to such changes.
A companion plain-language summary of these Terms is published alongside them. The summary is provided for convenience only; if the summary and these Terms differ, these Terms govern.
Capitalized terms defined in these Terms — including "Service," "Content" (Section 7.1), "Subscription" (Section 4.1), "Season" (Section 4.1), and "Free plan" (Section 4.1) — have the same meaning wherever they appear.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THE SERVICE FROM OUR WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU AFFIRM THAT IF YOU USE THE SERVICE ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
YOU MAY NOT USE THE SERVICE FROM OUR WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR WEBSITE OR ANY OF OUR WEBSITE'S CONTENTS OR SERVICES BY APPLICABLE LAW.
1.1 Age. You must be at least eighteen (18) years old to use the Service. By using the Service you represent and warrant that you meet this requirement. We may suspend or terminate any account we determine does not.
1.2 Authority. If you use the Service on behalf of another person or entity, you represent that you are authorized to bind them to these Terms.
1.3 Acceptance. You accept these Terms by creating an account, purchasing a Subscription, or continuing to use the Service after the Terms take effect or are updated as described in Section 16.
2.1 Description. The Service provides fantasy football analytics: player rankings and projections, draft tools, daily-fantasy ("DFS") slate projections and lineup optimization tools, and league synchronization features. Output of the Service consists of statistical models, estimates, and opinions.
2.2 Not a gambling or contest service. The Service is informational and analytical only. We:
Any contest, league, or wager you participate in on a third-party platform is solely between you and that platform, subject to its rules and to the laws that apply to you. You are responsible for determining whether your use of any information from the Service is lawful in your jurisdiction.
2.3 No guarantee of results. Projections, rankings, and other output are model-generated estimates and opinions, not statements of fact and not guarantees. We make no promise regarding the outcome of any draft, matchup, league, contest, or lineup, or regarding any winnings, standings, or other result. You bear all responsibility for decisions you make using the Service.
2.4 Modification of the Service. We may add, change, suspend, or remove features of the Service at any time. Where a change materially reduces the core functionality of a paid plan mid-period, your sole and exclusive remedy is cancellation under Section 5.1, and no refund or credit of amounts already paid is provided.
3.1 Account creation. Accounts are created with an email address. Authentication is by one-time codes sent to that email; there is no password. You are responsible for maintaining control of the email account you register and for all activity that occurs under your Dive Down Sports account.
3.2 No sharing or transfer. Accounts and Subscriptions are personal. You may not share your account or login codes with any other person, permit others to access the Service through your account, or sell, transfer, or assign your account. Use of your account on your own multiple devices is permitted. We may treat use of one account by different individuals, or usage patterns indicating that an account is shared or pooled (for example, simultaneous sessions from implausibly distant locations), as a breach of these Terms.
3.3 Accurate information. You agree that the email address associated with your account is yours and remains valid. Notices sent to it are effective notice to you (Section 17).
3.4 Third-party fantasy platform connections. The Service lets you optionally connect accounts on third-party fantasy platforms (currently Sleeper, Yahoo, and ESPN) so that we can retrieve your league and roster data to provide the Service to you. You represent that you are authorized to connect those accounts, and you acknowledge that your use of those platforms remains governed by their own terms. We may suspend or remove an integration if the third party requires it or the integration ceases to function; integrations are provided as a convenience and are not a guaranteed feature of any plan.
4.1 Plans, Subscriptions, and the Season. The Service currently offers a Free plan of limited public preview features (the "Free plan"), and two paid plans: Regular League + Draft and DFS / Showdown (which includes the Regular League + Draft features). A paid plan you purchase is a "Subscription."
Subscriptions are seasonal. A "Season" runs from August 1 through January 31. Every Subscription terminates automatically at the end of January 31 and does not renew into any subsequent Season; subscribing for a later Season requires a new Subscription. No annual plan is offered. No charge is attempted outside the Season under any circumstance.
Pricing — including the two ways a Regular League + Draft Subscription may be purchased (a flat monthly charge, or a single-payment Season Bundle covering the remainder of the Season) and the flat monthly charge for DFS — is set out in the Refund & Billing Policy, which is incorporated by reference under Section 6.1 and controls on all billing matters.
4.2 Billing and renewal. When you subscribe, the applicable charge is billed at checkout. Where you purchase a Season Bundle, that single charge covers the remainder of the Season and no recurring charge follows it. Otherwise, recurring charges are then billed monthly through the end of the Season, at which point the Subscription terminates automatically. Your authorization to charge your payment method extends only to the charges described in the Refund & Billing Policy and only through the end of the then-current Season. No charge is attempted after a Subscription ends, including the retry of a failed charge.
4.3 Payment processing. Payments are processed by our third-party payment gateway (currently Authorize.net) through a hosted payment form served from the gateway's own systems. Your full card number and security code are provided directly to the gateway and are not received or stored by us; we retain only non-sensitive descriptors (card brand, last four digits, expiration) and gateway reference identifiers. You authorize us and our gateway to charge your payment method for all fees you incur.
4.4 Upgrades. If you upgrade from Regular League + Draft to DFS / Showdown, we charge a prorated difference for the remainder of the current billing period immediately, and subsequent renewals are billed at the DFS / Showdown price on your existing renewal date. Upgrades are subject to the availability conditions stated in the Refund & Billing Policy (Section 8.1 of that Policy), which restrict them in the period immediately before a renewal, while a payment is past due, and while a cancellation is pending. Where you hold a Season Bundle rather than a monthly Subscription, conversion to DFS / Showdown works differently: the unused value of the Bundle is credited against the DFS price, as set out in Section 8.3 of that Policy.
4.5 Downgrades. Moving to a lower-priced plan is not currently supported as an in-place change. To move down, cancel your current Subscription under Section 5.1 (retaining access through the end of the period you have paid for) and subscribe to the other plan afterward.
4.6 Failed payments. If a recurring charge fails, the gateway retries the payment. Your access continues during the Grace Period stated in the Refund & Billing Policy (currently at least seven (7) days after the end of your last paid period); if payment has not succeeded by the end of the Grace Period, paid features are suspended and the account reverts to the Free plan — or, where you prepaid a Season Bundle and later converted to DFS / Showdown, to Regular League + Draft access through the end of that Season, as provided in the Refund & Billing Policy (Sections 5.2 and 7.2 of that Policy). Failed payments, the Grace Period, and reinstatement — including the effect of a retry that succeeds after the Grace Period has expired — are governed by the Refund & Billing Policy (Section 6.1 below).
4.7 Price changes. We may change Subscription prices. We will give you at least thirty (30) days' advance notice of any price increase applicable to your plan, and will give that notice both by email to your account address and by notice within the Service. An increased price takes effect no earlier than the first recurring charge occurring after that notice period ends, and never mid-period. Your continued Subscription after the increase takes effect is acceptance of the new price; your alternative is to cancel under Section 5.1 before that charge.
4.8 Taxes. Fees are exclusive of taxes. You are responsible for all applicable sales, use, value-added, and similar taxes imposed on your Subscription, except for taxes based on our net income. Where required by law, we will collect applicable taxes at checkout and remit them to the appropriate taxing authority.
5.1 Cancellation by you. You may cancel your Subscription at any time from account settings. Cancellation stops future recurring charges; your paid features remain available through the end of the billing period you have already paid for, after which the account reverts to the Free plan. A Season Bundle carries no future charges to stop, and access under it continues through the end of the Season notwithstanding cancellation. Where you prepaid a Season Bundle and later converted to DFS / Showdown, cancellation returns the account to Regular League + Draft access through the end of that Season rather than to the Free plan, except on a termination under Section 5.2.
5.2 Termination or suspension by us. We may suspend or terminate your account or your access to the Service, upon reasonable notice where practicable (and without prior notice where necessary to protect the Service, comply with law, or respond to a security threat), if you breach these Terms (including, without limitation, Section 3.2, Section 7, or the restrictions in Section 8), if required by law or by a third-party data provider, or if we discontinue the Service or any part of it.
All sales are final. Any continuation of Regular League + Draft access described in Section 5.1 ends upon a termination under this Section 5.2. No refund or credit of amounts already paid is provided on any suspension or termination under this Section 5.2 — whether for your breach, for our convenience, or on discontinuation of the Service — except where the Refund & Billing Policy expressly provides a refund (billing errors and duplicate charges are always refunded in full) or applicable law requires one.
5.3 Effect of termination. Upon termination or expiration for any reason: (a) your license under Section 7 ends immediately; (b) you may not redistribute, commercially exploit, or make available to any third party any Content (as defined in Section 7.1) obtained from the Service, and may not retain or use any bulk compilation, extract, or dataset of Content — the restrictions in Section 8 continue to apply to Content obtained while your account was active, but personal notes, screenshots, and similar incidental records kept for your own reference are not restricted by this subsection; and (c) the sections listed in Section 18.7 survive.
5.4 No deletion by termination alone. Termination of access is distinct from deletion of data, which is addressed in the Privacy Policy.
5.5 Cancellation as remedy. Except where these Terms or the Refund & Billing Policy expressly provide otherwise, or where applicable law provides a non-waivable remedy, cancellation under Section 5.1 is your remedy for dissatisfaction with the Service.
6.1 Refund & Billing Policy. Billing mechanics, cancellation, failed payments, and refunds are governed by our Refund & Billing Policy, which is incorporated into these Terms by reference and is presented before purchase. On any billing, Grace Period, refund, or cancellation matter where these Terms and the Refund & Billing Policy differ, the Refund & Billing Policy controls.
The Policy's general rule is that Subscription charges are non-refundable and that all monthly sales are final, except that billing errors and duplicate charges are always refunded in full. In particular: (a) no money-back guarantee, trial-refund window, or satisfaction refund is offered on a first Subscription or on any later one; and (b) no pro-rated refund is provided where we terminate a paid account, discontinue the Service, or remove core paid functionality mid-period (Sections 2.4 and 5.2). Nothing in this section limits any non-waivable rights you have under applicable consumer-protection or automatic renewal law.
6.2 Privacy Policy. Our Privacy Policy describes how we collect, use, disclose, and retain personal information in connection with the Service. It is incorporated into these Terms by reference and forms part of them. The provisions of these Terms on governing law (Section 15.1), dispute resolution (Section 15.2), the time limit on claims (Section 15.3), the disclaimers in Section 12, and the limitation of liability in Section 13 apply to the Privacy Policy and to any claim arising out of or relating to it, except to the extent applicable privacy law provides non-waivable remedies or procedural requirements.
7.1 Grant. Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service, and to view and use the rankings, projections, analyses, statistics, text, graphics, software, and other materials made available through it (the "Content"), solely for your personal, non-commercial use in connection with your own fantasy football activity.
7.2 License, not sale. Your Subscription is a license to access the Service; it is not a sale of the Content or of any data. No rights are granted except as expressly stated, and all rights not expressly granted are reserved.
7.3 No commercial or creator use. The license granted in Section 7.1 is limited to your own personal, non-commercial fantasy football activity. You may not use the Service or any Content for any commercial purpose. Without limiting that prohibition, you may not use the Service or any Content:
Quotation, citation, attribution, excerpting, or paraphrase does not create an exception: Content may not be republished in a monetized medium under these Terms, with or without credit to us.
Nothing in this Section prohibits ordinary personal discussion of the Content with other participants in your own leagues or with friends, where no fee, consideration, or monetized medium is involved.
7.4 Separate commercial licensing. Nothing in Section 7.3 prevents us from offering commercial, creator, or business-to-business licenses on separate terms. Any such use requires a separate written agreement with us and is governed exclusively by that agreement; no commercial right of any kind arises under these Terms, and no course of dealing, silence, or failure to enforce creates one.
8.1 Prohibited conduct. Except with our prior written consent, you will not, and will not permit or assist any third party to:
8.2 Relation to Section 7. Nothing in Section 7 authorizes any activity described in this Section 8; in any conflict between Section 7 and this Section 8, this Section 8 controls.
8.3 Injunctive relief. You acknowledge that a breach of this Section 8 or of Section 9 would cause us harm that money damages alone may not adequately remedy, and that we are entitled to seek injunctive or other equitable relief for such a breach, in addition to any other remedy, without any requirement to post a bond.
9.1 Our ownership. The Service and the Content — including our models, algorithms, projections, rankings, scores, analyses, software, design, and the selection, arrangement, and compilation of data presented through the Service — are our property or our licensors’ property and are protected by intellectual-property and other laws. We claim no ownership of underlying sports facts or statistics as such; our claim is to our original analysis, expression, models, and compilations.
9.2 Third-party data. Portions of the data presented in the Service originate from third-party and public sources.
9.3 Trademarks; no affiliation. "Dive Down Sports," "divedown.ai," and associated logos are trademarks of Dive Down Sports, LLC. NFL, its member clubs, ESPN, Yahoo, Sleeper, DraftKings, FanDuel, FantasyData, and all other third-party names and marks referenced in the Service are the trademarks of their respective owners, are used for identification only, and do not imply any affiliation with, or endorsement of or by, us.
9.4 Your submissions. If you upload or submit material to the Service (for example, roster screenshots or league data you import), you retain your rights in it and grant us a non-exclusive, worldwide, royalty-free license to host, process, reproduce, modify, adapt, create derivative works from, and display that material solely to operate, provide, and improve the Service. You represent that you have the rights needed to submit it.
9.5 Feedback. If you send us suggestions or feedback, we may use them without restriction or obligation to you.
10.1 No control. The Service interoperates with, links to, and presents data from third-party services. We do not control third parties and are not responsible for their content, availability, accuracy, terms, or practices.
10.2 Your dealings. Your dealings with any third party — including fantasy platforms, DFS operators, and payment providers — are solely between you and that party.
11.1 Codes. We may from time to time make referral or promotional codes available. Codes are issued, limited, modified, suspended, and revoked at our sole discretion; have no cash value; are not transferable, resalable, or redeemable for cash; and may be combined with other offers only as we expressly state.
11.2 No entitlement. A code confers no right on you beyond the discount or benefit expressly stated to you at the time you redeem it. No code creates any entitlement to a future discount, payment, commission, renewal price, or continued availability of any plan, and expiration or revocation of a code is not a change in price for the purposes of Section 4.7.
11.3 Promoter terms are separate. Any compensation, revenue share, or bounty payable to a referral partner or promoter is governed exclusively by a separate written agreement between us and that partner, and not by these Terms. Nothing in these Terms makes you a promoter, partner, agent, or joint venturer of ours, or entitles you to any share of revenue.
11.4 Misuse. Self-referral, code trading or resale, bulk or automated redemption, and other misuse of codes are prohibited and may result in reversal of associated benefits, cancellation of the discount, and suspension or termination under Section 5.2.
12.1 No warranties. THE SERVICE AND ALL CONTENT ON OUR WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY. WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICE AND/OR ANY INFORMATION PROVIDED ON OUR WEBSITE. ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12.2 Specific non-warranties. WITHOUT LIMITING SECTION 12.1, WE DO NOT WARRANT THAT: (A) PROJECTIONS, RANKINGS, OR OTHER CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE — SPORTS DATA IS COLLECTED FROM MULTIPLE SOURCES AND MAY CONTAIN COLLECTION, TRANSMISSION, OR MODELING ERRORS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR SECURE; OR (C) ANY RESULT, OUTCOME, OR WINNING WILL FOLLOW FROM USE OF THE SERVICE. THE CONTENT IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT PROFESSIONAL, FINANCIAL, OR GAMBLING ADVICE.
12.3 Jurisdictional limits. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY OF OUR OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ANYONE ELSE ASSOCIATED WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, LOST DATA, LOST WINNINGS OR CONTEST OUTCOMES, OR LOSS OF GOODWILL OR EMOTIONAL DISTRESS OR PAIN AND SUFFERING, ARISING OUT OF, RELATING TO AND/OR IN CONNECTION WITH THE SERVICE, OUR WEBSITE, YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR OUR WEBSITE, OR THESE TERMS (OR ANY BREACH THEREOF), REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
13.2 Aggregate cap. THE SOLE AND ENTIRE MAXIMUM AGGREGATE LIABILITY OF US AND ANY OF OUR OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ANYONE ELSE ASSOCIATED WITH US, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE), FOR ALL CLAIMS ARISING OUT OF, RELATING TO AND/OR IN CONNECTION WITH THE SERVICE, OUR WEBSITE OR THESE TERMS (OR ANY BREACH THEREOF) WILL BE LIMITED TO AND WILL NOT EXCEED THE TOTAL FEES YOU ACTUALLY PAID TO US BY YOU FOR THE SERVICE OR USE OF OUR WEBSITE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR, IF YOU HAVE PAID NO SUCH FEES, ONE HUNDRED U.S. DOLLARS (US $100).
13.3 Application. The limitation of liability set forth in Section 13.2 shall: (i) only apply to the extent permitted by law and (ii) not apply to liability resulting from our gross negligence or willful misconduct.
13.4 Essential basis. THE DISCLAIMERS IN SECTION 12 AND THE LIMITATIONS IN THIS SECTION 13 ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
14.1 Your indemnity. You will defend, indemnify, and hold harmless us and our owners, managers, directors, officers, employees, agents and anyone else associated with us from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your misuse of the Service or the Content or your use of them in violation of these Terms; (b) your breach of these Terms, including Sections 7 and 8; (c) your violation of law or of a third party's rights; or (d) your participation in any third-party contest, league, or wager.
14.2 Control of defense. We may assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us. You will not settle any such matter in a way that imposes any obligation or admission on us without our prior written consent in our sole absolution discretion.
15.1 Governing law and Jurisdiction.
Our website is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia. This choice of law does not deprive you of any mandatory consumer protections afforded by the laws of your state of residence that cannot be waived by contract.
Subject to arbitration in accordance with Section 15.2, for and with respect to any dispute or controversy that may arise under or in connection with these Terms, the Service or our website, you and we submit to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia or the United States District Court, Northern District of Georgia, Atlanta Division and expressly waive whatever rights may correspond to it by reason of your or our present or future domicile.
15.2 Dispute resolution and Binding Arbitration.
YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE SERVICE, THESE TERMS, OR YOUR USE OF THE SERVICE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules and the Mass Arbitration Supplementary Rules (collectively, the "AAA Rules") then in effect, except as modified by this Section 15. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding any other provision of this Section 15.2 to the contrary, we may seek injunctive or other equitable relief for any breach of these Terms by you in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
15.3 Time limit on claims. To the extent permitted by law, any claim arising out of or relating to the Service, our website or these Terms must be filed within one (1) year after the claim accrued, or it is permanently barred. This provision does not apply where applicable law prohibits contractual shortening of the limitations period for the claim asserted.
16.1 Notice of changes. We may revise these Terms. If a revision is material, we will give at least thirty (30) days’ notice before it takes effect both by email to your account address and by notice within the Service, and will state the new effective date. Non-material revisions may be made by posting the updated Terms with an updated effective date.
16.2 Acceptance. Your continued use of the Service after the effective date of a revision is acceptance of the revised Terms. If you do not agree, your remedy is to stop using the Service and to cancel any Subscription under Section 5.1 before the revision takes effect.
17.1 To you. We may provide notices, including notices under Section 16 and billing-related notices, by email to your account address or through the Service. You consent to receive communications from us electronically, including account, transactional, and security messages (such as login codes), and you agree that electronic notices satisfy any legal writing requirement. You may withdraw your consent to electronic communications by contacting us, but because the Service operates entirely online, withdrawal of consent may limit or prevent your ability to use certain features of the Service.
17.2 Marketing communications. We will not send you marketing or promotional email without your consent. The account, transactional, and security messages described in Section 17.1 are not marketing and are sent for as long as you have an account. Where you have consented to marketing email, every such message will contain a working unsubscribe mechanism, and withdrawing your consent does not affect the messages described in Section 17.1.
17.3 To us. Notices to us must be sent to support@divedown.ai and, where these Terms or applicable law require notice in writing, also to us at 3475 Piedmont Road NE, Suite 1640, Atlanta, GA 30305, USA.
17.4 Support. Support is provided at our discretion by email to support@divedown.ai. We make no commitment to any response time and no representation that support will resolve any particular issue.
18.1 Entire agreement. These Terms, together with the Privacy Policy, the Refund & Billing Policy, and any additional terms we present for specific features, are the entire agreement between you and us regarding the Service and supersede prior agreements on that subject.
18.2 Severability. If any provision of these Terms is held invalid, illegal, void or unenforceable, it will be enforced to the maximum extent permissible, and to the extent any such enforcement is not permissible, it will be severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms which will remain in effect.
18.3 No waiver. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by one of our duly authorized representatives.
18.4 Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms or your account for the Services without our prior written consent in our sole absolute discretion. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
18.5 Force majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or breakdown or outages of telecommunication, power, third-party data sources, hosting, or payment infrastructure.
18.6 Headings. Headings are for convenience only.
18.7 Survival. Sections 5.3, 6, 7.2, 7.3, 7.4, 8, 9, 12, 13, 14, 15, 17, and 18 survive termination or expiration of these Terms. For clarity, the restrictions on commercial use, scraping, redistribution, derivative datasets and models, and reverse engineering continue to apply after your account ends, with respect to any Content obtained while it was active.
Contact: Dive Down Sports, LLC, 3475 Piedmont Road NE, Suite 1640, Atlanta, GA 30305, USA. Email: support@divedown.ai. *(Address subject to the query at Section 17.3.)*