These Terms of Use ("Terms") bind you and AN26.ai, an Indiana limited liability company ("ML XI," "we" or "us"), and govern the ML XI application (the "App"), the ML XI Pro subscription and the website at mlxi.app (the "Website," together the "Service"). ML XI is a football data and analytics product publishing match data, forecasts from our own machine-learning and statistical models, and a record of their performance. Certain features are licensed for a periodic subscription fee, which does not vary with match outcomes or with any use of information from the Service.
By downloading, installing, opening or otherwise using the App, or by using the Website, you accept these Terms. If you are in the United States, that includes the arbitration agreement and class action waiver in Section 12 below, which require most disputes to be resolved individually rather than in court, and which you may opt out of within 30 days. If you do not agree, do not use the Service. Please also read Sections 4 and 5 (what our forecasts are and are not), 7 (limits on sharing them) and 11 (disclaimers and liability). A current copy of these Terms is available in the App and on the Website, and the version in force is the one published at the time of use.
App. The ML XI application obtained through a Store, with the content and services it obtains from our servers.
Content. The software, interfaces, graphics, statistics, data displays, compilation, branding and other material made available through the Service.
Model Output. Any probability, forecast, estimated scoreline, expected count, in-play projection, ranking, rating, statistical measure, chart or performance measurement our models produce and we make available through the Service, and any copy, extract, summary, aggregation, inference or other representation that reproduces, reveals or permits reconstruction of its substance.
Store. Google Play and any other application store through which we distribute the App; "Store Terms" means that store's then-current terms.
Website. The ML XI site at mlxi.app. It describes the App, publishes these Terms and our Privacy Policy, links to the App's store listing, and also serves the browser version of the App, through which free features and free-tier Model Output are available. Subscriptions are sold only through a Store, and no Store Terms apply to your use of the Website in a browser.
Subscription. An auto-renewing ML XI Pro subscription purchased through a Store.
You must be at least 18, meet any higher minimum age applicable in your jurisdiction, and have capacity to contract. We offer the Service only where your use is lawful and may limit the markets served. Availability in a jurisdiction is no representation that the Service complies with its law, and complying with any law applicable to your use of information from it is your responsibility.
The Service provides football match data and statistics, and Model Output produced by applying our models to that data, with a published record of how the models have performed. This Section is descriptive, not a representation as to how any feature will operate or continue; Sections 11 and 12 apply to it. Our models are proprietary and confidential in method, parameters and implementation, and may be retrained, revised, replaced or withdrawn at any time; forecasts from different model versions, or from the different models behind different parts of the Service, need not agree, and no such difference is an error.
Pre-match forecasts are fixed; live projections are not. A pre-match forecast is locked before kick-off and not revised afterwards, and the published record reports it as it stood then. A live projection is a separate estimate that updates as the match proceeds and will diverge from it; that divergence reflects the match, not a correction or an error.
Estimates, not certainties. Match outcomes turn on unobservable, unrecorded or random factors, so our models estimate probabilities and expected values rather than certainties, and an expected count is an average rather than a prediction. None of the following is a defect in the Service or in Model Output, or evidence that a forecast or measurement was inaccurate: an outcome a probability estimate did not favor; a difference between an expected and an observed value; or a difference between a projection and a result. Predictive performance varies materially between competitions. Each measurement we publish describes only the model version, competitions and period identified with it, is no guarantee of future performance and no claim as to profit or return, and any comparison against a market benchmark is historical only.
Model Output is provided for information only. It is not financial, investment, tax, legal or professional advice, and not a recommendation to take or refrain from any action. We are not a licensed adviser, and no relationship of trust arises between us. We do not guarantee the outcome of any match, any level of accuracy or calibration, any repetition of the measurements we publish, or any financial result. Any decision informed by the Service is the sole responsibility of the person taking it.
Dealings with third parties. Where information from the Service is used in dealings with a third party, those dealings are between you and that party alone. We are not a party to any such dealing, have no responsibility for it, neither require nor invite it, and derive no benefit from it; our consideration is the Subscription fee alone.
No reliance outside these Terms. In deciding to use or subscribe you are not relying on any representation, figure or testimonial outside these Terms, including in advertising, store listings, social media or influencer communications. Nothing here limits liability for fraud.
Subject to these Terms and any required entitlement, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service, App, Content and Model Output for personal, non-commercial purposes. The App is licensed, not sold; all rights not granted are reserved. You must not:
(a) scrape, crawl, bulk-download, automate queries against or systematically extract Content or data;
(b) reverse engineer, decompile or attempt to discover protected source code, model parameters or trade secrets, except so far as law does not permit this restriction;
(c) bypass or interfere with security, entitlement, geographic, rate-limiting or anti-automation controls, or share Store credentials, tokens or a Subscription;
(d) without our written permission, submit or expose Content or Model Output to any external artificial-intelligence, machine-learning, automated-analysis or retrieval system as an input, prompt, benchmark, corpus or training or fine-tuning material;
(e) alter, crop, relabel or omit context from Model Output so as to misstate its probability, date, match, version or historical performance, or present it as carrying any accuracy or profitability we have not stated; or
(f) remove proprietary notices, introduce malware, probe vulnerabilities, attempt unauthorized access, impersonate another person, falsely claim affiliation with us or a club, competition or provider, or otherwise use the Service unlawfully or in breach of another person's rights or third-party terms.
Paragraph (d) does not prohibit ordinary use of an operating-system or assistive feature necessary for accessibility or device security, provided it does not retain, train on or repurpose Model Output.
Model Output is licensed to you for personal use. You must not sell, sublicense, syndicate, publish, broadcast, redistribute, display, transmit or otherwise make any Model Output available to any third party, publicly or privately, or use it in any paid, ad-supported, group, commercial or automated service. This restriction applies to Model Output in any form, including any derivative form and any screenshot, screen recording, photograph, transcription, export, message, data feed, prompt or link preview by which Model Output is made available.
This Section permits only: a capture sent privately through official ML XI support to report an error or a billing, accessibility or security issue; a personal offline accessibility record kept only by you; disclosure required by law or to an adviser bound to confidentiality; any use we have permitted in writing; and any use law does not permit us to restrict, each limited to the minimum necessary.
These restrictions are contractual conditions of access, apply whether or not a fact, statistic or probability attracts copyright, database-right or other protection, and their enforcement does not depend on any ownership claim in it.
Free access and trial. Part of the Service is free, and these Terms apply in full to it save for the billing, renewal and refund provisions. Eligible new subscribers may receive a five-day free trial where displayed: one per person, not per plan, device or payment method, and both plans share one Store subscription group, so trialing one bars the other. You must not seek a further trial by any means intended to present a returning user as new, including additional Store accounts, payment methods or identities, device or identifier spoofing, or a virtual private network, proxy or emulator. We may verify eligibility against Store purchase history and, where we reasonably determine a trial was obtained in breach, may end it and any access from it; that conduct is a material breach under Section 10.
Price, renewal and cancellation. ML XI Pro runs on monthly and annual auto-renewing options. The Store displays the price and trial terms before you confirm, and that price controls. A trial converts to the paid option, and the Subscription renews each period, unless you cancel by the Store's deadline in its subscription settings, to which the App links. Cancellation stops the next renewal, access running to the end of the paid or trial period; deleting the App does not cancel. The Store administers refunds under its policies and reports the entitlement status from which we determine access. We may apply reasonable device, session and request-rate limits, disclosed in the Service before they apply to you.
Consumer rights. Where the Store is the seller, statutory rights against the seller, including any EEA or United Kingdom right to withdraw from a distance contract and to conformity of digital content, are exercised against it. Nothing in these Terms excludes, restricts or modifies any consumer right or guarantee law does not permit us to exclude, including under the Australian Consumer Law and New Zealand Consumer Guarantees Act, or should be read as telling you that you have no right to a refund or remedy.
We or our licensors own the Service and the protectable elements of its software, models and their implementation, non-public methodology, interface, design, original text and graphics, compiled Content and its selection and arrangement, the computation and presentation of Model Output, and ML XI branding. No license is granted to use our name or branding beyond identifying the Service in ordinary personal use, and we claim no ownership of third-party facts, data or marks merely because they appear there.
Provider data may be delayed, incomplete, corrected, withdrawn or unavailable, coverage differs by competition and match, and Model Output computed from it carries the same limitation; we may correct displays, calculations or records when source information changes or an error is found. Third-party names, marks and imagery are used for identification, imply no endorsement and confer no right on any user.
We may update, add, remove, suspend or discontinue any feature, model, competition or data source where reasonably necessary for security, legal, Store, provider, technical or business reasons. Where a material change adversely affects a paid Subscription we give the notice, continued access, refund, cancellation right or other remedy law or Store Terms require. We are not liable for delay or failure from an event beyond our reasonable control.
Suspension and termination by us. We may restrict, suspend or terminate access where we reasonably determine that you have materially breached these Terms (in particular Sections 6, 7 and 8), created a security or legal risk, infringed rights or lost a required entitlement, or where continued provision would breach law or Store Terms. We may act without advance notice to stop ongoing redistribution, extraction, credential sharing, circumvention, trial abuse or fraud; otherwise we give notice and an opportunity to cure where legally required. We may then disable access, block associated accounts and devices, require removal of distributed material, and pursue remedies including injunctive relief. Termination for material breach gives no refund right unless law requires.
Termination by you; survival. You may ask us at any time, at the address in Section 15, to close your access; we will do so without requiring an explanation and without affecting any refund otherwise due. To stop further charges you must also cancel through the Store. Sections 5, 6, 7, 9, 11, 12, 14 and 15, and any payment obligation already incurred, survive termination.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, CONTENT AND MODEL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL IMPLIED WARRANTIES, TO THE EXTENT THEY MAY LAWFULLY BE DISCLAIMED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND DO NOT WARRANT THAT THE SERVICE OR THIRD-PARTY DATA WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, FOR LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, OR FOR ANY SUM COMMITTED OR LOST IN ANY DEALING WITH A THIRD PARTY, ARISING FROM OR RELATING TO THE SERVICE, IN CONTRACT, TORT, STATUTE OR OTHERWISE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY.
To the maximum extent permitted by applicable law, our aggregate liability relating to the Service or these Terms will not exceed the greater of the Subscription fees you paid in the twelve months before the event giving rise to the claim, or US\$100. These exclusions survive any failure of essential purpose of a limited remedy, are severable and independently enforceable, and are a fundamental basis of the bargain.
Rights that cannot be excluded. Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence, or gross negligence or willful misconduct, where that liability cannot lawfully be limited; nor does anything in them exclude, restrict or modify any liability, remedy, statutory guarantee or consumer right law does not permit us to exclude. Any such provision does not apply to you to that extent.
Arbitration. This Section applies if you reside in the United States or its territories; otherwise Section 14 governs. A "Dispute" is any claim between you and us relating to these Terms, the Service, Model Output or a Subscription, other than one law does not permit to be arbitrated. The initiating party must first send a Notice of Dispute to the postal or email address in Section 15, signed by the individual claimant and stating their name, the events at issue and the relief sought, and allow 60 days for resolution; a notice covering multiple claimants does not start it. A Dispute unresolved in that period will be resolved by final and binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules and not in court, under the Federal Arbitration Act.
CLASS ACTION WAIVER. YOU AND ML XI MAY BRING CLAIMS AGAINST THE OTHER ONLY INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.
Whether this waiver is enforceable is for a court, not an arbitrator, and it is not severable: if held unenforceable as to a claim, this Section is void as to that claim, which then proceeds in court under Section 14. Any other unenforceable part is severed.
Opt-out. Email the address in Section 15, subject line "Arbitration Opt-Out," with your name and enough to identify your use of the Service, within 30 days after first using it or after a material change to this Section. Opting out is free and leaves your access and price untouched.
Exceptions and time limit. Either party may instead bring an individual claim in small-claims court, or seek injunctive relief in court, including against redistribution or extraction of Model Output, credential sharing or circumvention of access controls. Any claim relating to the Service or these Terms must be commenced within one year after it first arose or is permanently barred, except where the law applying to you forbids that or the claim arises under a statute whose limitations period is non-waivable, including the Indiana Deceptive Consumer Sales Act.
We may update these Terms for changes to the Service, legal, regulatory, security, Store or provider requirements, or business operations. We will post the revised Terms and update the date above; for material changes we give reasonable advance notice and request renewed affirmative acceptance where required, continued use alone not substituting for it. A change applies only from its effective date and does not apply to a dispute for which a Notice of Dispute has already been delivered.
Indiana law governs these Terms, without regard to conflict-of-law rules, together with the Federal Arbitration Act where applicable. Subject to Section 12 and mandatory consumer rights, Indiana state and federal courts have exclusive jurisdiction over disputes arising from these Terms or the Service, and both parties consent to their personal jurisdiction. Nothing in this Section or Section 12 deprives a consumer of any mandatory protection of local law, including any non-waivable right to sue locally.
Store Terms. If you obtained the App through Google Play, these Terms are between you and us, not Google; your use is also subject to Google Play's terms and policies, and Google is not responsible for providing or supporting the App. Wherever you obtained the App, you represent that you are not located in a country under a U.S. Government embargo or on a U.S. Government restricted-party list, and you must comply with applicable laws, sanctions and export controls.
These Terms, with any additional feature terms and mandatory Store Terms, are the entire agreement on their subject matter and supersede all prior statements about it. An unenforceable provision is modified only as far as necessary and the rest continues, except that Section 12's non-severability rule governs the class action waiver. Failure to enforce is no waiver. You may not assign without our written consent; we may assign on merger, acquisition or transfer of the Service. "Including" means "including without limitation," electronic notices satisfy writing requirements so far as law permits, and the only third-party beneficiaries are those named in Section 11. Our Privacy Policy at https://mlxi.app/privacy.html explains how we handle personal information.
Notice to California residents. Under California Civil Code section 1789.3, the provider of this Service is the entity named below, which you may contact at the email below with any complaint or to request the price of the Service and a description of it. The Complaint Assistance Unit of the California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or at (800) 952-5210.
Contact. AN26.ai, [address]. Email: contact@mlxi.app. Notices under Sections 10 and 12 may be given by post or by email.