Terms of Service

Welcome to ZebraHerd. These Terms of Service (the “Terms”) are a binding agreement between you and Zebra Herd, Inc., a Delaware corporation (“ZebraHerd” or “Zebra Herd,” “we,” “us,” or “our”), and govern your access to and use of the ZebraHerd websites, mobile applications, and related features and content (the “Services”). By creating an account, accessing, or using the Services, you agree to these Terms, to our Privacy Policy, and to our Cookie Policy, each of which is incorporated by reference. If you do not agree, do not use the Services. These Terms include a mandatory individual-arbitration agreement and class-action waiver (Section 19) and a limitation of liability (Section 17). We may publish additional guidelines or policies (including Community Guidelines); they are incorporated into these Terms, and where a specific policy conflicts with these Terms for a given feature, the more specific policy controls. The Services are offered to users located in the United States.

You must be at least 18 years old (or the age of legal majority where you live, if greater) to use the Services. The Services are intended only for adults, are not directed to anyone under 18, and we do not knowingly permit anyone under 18 to create an account or knowingly collect personal information from anyone under 18. If we learn a user is under 18, we may suspend or terminate the account and delete associated information.

When you create an account, we ask you to confirm that you are at least 18 years old. We rely on that confirmation and do not currently verify age through documentation or third-party verification services; we may introduce age-assurance measures in the future. Misrepresenting your age is a violation of these Terms. By using the Services, you represent and warrant that you are at least 18, that any age or date-of-birth information you provide is accurate, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Services under applicable law. Certain features, content, or advertising may carry additional age or eligibility requirements under applicable law — for example, advertising related to sports betting or alcohol. Where such requirements apply, we may restrict, condition, or withhold access to those features or advertising.

Provide accurate registration information and keep it up to date. You are responsible for safeguarding your credentials and for all activity under your account; notify us promptly at support@zebraherd.com of any suspected unauthorized use. You may not share, sell, transfer, or license your account; use another person's account without permission; create or operate accounts through automated means or to evade enforcement; or maintain more accounts than we permit. We may reclaim usernames, refuse registration, or require username changes at our discretion.

ZebraHerd is a sports fan-engagement platform for expressing and discussing opinions about sports and the people and organizations involved in them. Depending on availability, features may include: Takes (structured opinions); Conversations (discussion threads); image attachments to posts and profiles; Herd Average, rankings, leaderboards, and similar aggregations of community sentiment; Die Hard Team, My Stable, following, blocking, and profile features; push notifications; Gentleman's Bets (Section 8); Stripes, tiers, and badges (Section 9); Pick'em leagues and Survivor pools, if and when offered; and automated and AI-assisted content (Sections 7 and 13). We are constantly changing and improving the Services and may add, change, limit, suspend, or discontinue features at any time without liability to you, subject to applicable law.

“Your Content” is anything you post, upload, or submit through the Services, including Takes, comments, messages, images, and usernames. You are solely responsible for Your Content and the consequences of posting it. Images you attach to posts or your profile are publicly visible.

Ownership and license. You retain your ownership rights in Your Content. By posting it, you grant ZebraHerd a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, host, store, cache, reproduce, adapt and reformat, publish, publicly perform and display, translate, create derivative works of, and distribute Your Content, in any media, in connection with operating, developing, providing, and promoting the Services. This license continues after you stop using the Services to the extent needed to operate and provide them (for example, where Your Content has been quoted or aggregated by others, or retained in backups). You also grant each other user a non-exclusive license to access and use Your Content as permitted by the Services' functionality.

Removal. You may delete Your Content or your account at any time. When you delete a Take or comment, we remove it from public view in the Services; we retain a copy in our systems for a period, including prior versions and edit history, for security, safety, legal, and integrity purposes. When you delete your account, we remove your profile from public view and delete or de-identify the categories of information described in our Privacy Policy; content you posted may be retained in de-identified or non-public form, and content that has been quoted, screenshotted, or incorporated into aggregated displays (such as Herd Average, rankings, and leaderboards) may remain. Copies may also persist in backups for a limited period.

Representations; feedback. You represent and warrant that you own or have the necessary rights to Your Content and to grant the licenses above, and that Your Content and our permitted use of it do not and will not violate any law or any third party's rights. If you send us suggestions or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use it for any purpose without obligation or compensation.

You may not use the Services to:

• break the law or violate others' rights, or encourage or help others to do so;
• post content that is unlawfully defamatory, harassing, or threatening, or bully or incite harassment of any person, including athletes, coaches, officials, executives, or media figures;
• post content you lack the right to post or that infringes intellectual-property, privacy, publicity, or other rights;
• post hateful content that attacks or demeans people based on protected characteristics;
• post sexual content involving minors or any content that sexualizes, endangers, or exploits a minor, or non-consensual intimate imagery;
• post violent, graphic, or gratuitously disturbing content, or threaten or glorify violence;
• impersonate any person or organization or misrepresent your affiliation;
• share another person's private or identifying information without permission (“doxxing”), or stalk or surveil anyone;
• organize, facilitate, advertise, or conduct gambling, betting, lotteries, or any wagering of money or anything of monetary value in violation of applicable law (see Section 8);
• post spam, scams, or deceptive content, manipulate Takes, votes, Stripes, Herd Average, or other metrics, or use bots or automation to inflate or distort engagement;
• upload viruses or malicious code, or interfere with, disrupt, probe, or attempt to gain unauthorized access to the Services;
• scrape, crawl, or harvest data except as we expressly permit in writing; or
• circumvent access controls, rate limits, or enforcement actions.

This list is not exhaustive, and we may refine our content rules through community guidelines. We do not pre-screen all content and are not obligated to monitor it, but we may remove or restrict content or accounts that we believe violate these Terms or that we determine are otherwise harmful to the Services, our users, or third parties.

Reporting content. If you see content that breaks these rules, use the report or flag control in the Services, or email us at abuse@zebraherd.com. You do not need an account to report content: if you are the subject of a post, or believe content harms you or someone else, you can write to that address directly. Copyright complaints follow the process in Section 12 and should be sent to our designated agent. We review reports and decide what action, if any, to take under Section 10; we do not commit to a particular response time and reporting content does not create any obligation on our part beyond what these Terms provide.

Opinions and entertainment. Takes, predictions, rankings, Herd Average, and similar content are opinions and entertainment. They are not statements of fact and are not professional, financial, investment, legal, medical, or betting advice. Opinions expressed by users are their own. No betting services. ZebraHerd is not a sportsbook, casino, or gambling operator; the Services are not a betting product; and we do not accept, place, broker, or pay out bets. Any decision you make about real-world betting is yours alone, and you are responsible for complying with the gambling laws that apply where you are located. If you choose to gamble, do so responsibly and only where it is legal.

Automated content. Some content and prompts in the Services are generated or assembled automatically, including by artificial-intelligence systems, and may be inaccurate, incomplete, or out of date. Treat automated content as a starting point for discussion, not as verified fact.

Gentleman's Bets are honor-based social features only. They do not involve, and you may not use them to make, facilitate, or record, any wager of money or anything of monetary value. Stakes are social and reputational, and any consequences applied within the Services (such as good-natured “shame” or “glory” effects) are cosmetic and reputational only. Like all of the Services, Gentleman's Bets are available only to users 18 and older (Section 2).

How bets are settled. For Gentleman's Bets tied to a game, statistic, or line, we may automatically determine the outcome using sports data supplied by third-party providers, and apply the resulting cosmetic effects and Stripes. That determination is made by automated systems, is provided for entertainment, and depends on data we do not control and do not warrant (see Section 13). We may correct, reverse, void, or decline to settle any bet, including where the underlying data is delayed, incorrect, or unavailable, or where a game is postponed, canceled, or amended. Our determination is final for purposes of the Services, and we are not liable for any settlement, non-settlement, or correction. If you believe a bet was settled incorrectly, contact us at support@zebraherd.com; we may, but are not obligated to, review and correct a settlement.

ZebraHerd is not a party to your bets. We are not a participant in, escrow agent for, or guarantor of any Gentleman's Bet. Nothing we display or apply within the Services creates any obligation between you and another user outside the Services, and we are not responsible for any dispute, agreement, or side arrangement between users. You are solely responsible for any agreement you make with another user, including any off-platform side agreement, and we disclaim all liability arising from or relating to them. You may not use Gentleman's Bets or any other feature to conduct or disguise unlawful gambling; doing so violates Section 6 and may result in removal and termination.

“Stripes,” reputational tiers, badges, and similar in-Service points and status indicators (“Virtual Items”) are licensed to you, not sold: a limited, personal, non-transferable, revocable license to use them within the Services. Virtual Items have no monetary value. They are not your property, are not currency or stored value, and may not be redeemed for cash or anything of value. You may not buy, sell, trade, transfer, gift, or exchange Virtual Items for money or value except through functionality (if any) that we expressly provide. We may award, adjust, reset, devalue, expire, suspend, or eliminate Virtual Items at any time and for any reason, including to address manipulation or abuse. Upon termination or deletion of your account, Virtual Items are forfeited and we owe you nothing for them.

We may, in our discretion and to the extent permitted by law, take any action we consider appropriate in response to a violation or suspected violation of these Terms, or to protect the Services, our users, or third parties — including removing, restricting, labeling, down-ranking, or refusing to display content; adjusting or removing Virtual Items; issuing warnings; and limiting, suspending, or terminating access or accounts. We may, but are not required to, provide notice or an opportunity to appeal, and we may act without prior notice. Where we offer community-moderation tools or rely on volunteer moderators, those moderators act on their own behalf and not as our agents, and we are not responsible for their actions or omissions.

How to reach us about content. Reports about content or accounts should be sent through the in-Service report control or to abuse@zebraherd.com. Copyright notices go to our designated agent under Section 12. Legal notices, including notices under Section 19, go to legal@zebraherd.com. Account, billing and general questions go to support@zebraherd.com. We may consolidate or change these addresses by updating these Terms.

The Services and all content and materials we provide (excluding Your Content and third-party content), and all intellectual-property rights in them, are owned by ZebraHerd or our licensors. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your own personal, non-commercial use. “ZebraHerd,” the ZebraHerd logo, and our other names, marks, and branding are trademarks of ZebraHerd; you may not use them without our prior written permission. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of any part of the Services except as expressly permitted by these Terms or applicable law. References to third-party leagues, teams, players, or marks are for identification and commentary only and imply no affiliation or endorsement. We reserve all rights not expressly granted.

If you believe content on the Services infringes your copyright, send our designated agent a DMCA notice including: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and information reasonably sufficient to locate it; (d) your contact information; (e) a statement of your good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner.

Designated DMCA agent: DMCA Agent, Zebra Herd, Inc., 1311 Park Street, #1178, Alameda, CA 94501; (510) 575-0103; legal@zebraherd.com. If your content was removed and you believe it was removed in error, you may submit a counter-notice with the information required by the DMCA. We terminate, in appropriate circumstances, the accounts of repeat infringers.

The Services may display content from other users and third parties, advertisements and sponsored content, and links to third-party sites and resources. We do not control, endorse, or assume responsibility for third-party content, products, or services; your dealings with third parties are solely between you and them, and any advertisement is the responsibility of the party providing it.

Sports data, statistics, and betting lines. Scores, statistics, schedules, rosters, point spreads, totals, and other betting lines displayed in the Services may be supplied by third-party data providers or assembled by our systems. Betting lines are shown for reference and entertainment only; they are not an offer, solicitation, or recommendation to place any wager, and they may differ from lines offered by any sportsbook. All such data may be delayed, inaccurate, incomplete, or unavailable. We do not warrant the accuracy, timeliness, or completeness of any data, and you should not rely on it for any decision, including any betting decision. Third-party data is provided subject to the rights of its providers, and you may not extract, redistribute, or commercially exploit it.

Our Privacy Policy explains how we collect, use, and share information in connection with the Services, and our Cookie Policy explains our use of cookies, SDKs, and similar technologies and your choices. Both are incorporated into these Terms by reference.

You may stop using the Services and may delete your account at any time. We may suspend or terminate your access to all or part of the Services at any time, with or without notice, including if we believe you have violated these Terms, if required by law, if providing the Services to you is no longer commercially viable, or to protect the Services or others. Upon termination, your right to use the Services ceases; licenses you granted survive as described in Section 5; and Virtual Items are forfeited without refund or payment. Sections 5 through 9 and 11 through 23, and any other provision that by its nature should survive, survive termination.

ZebraHerd is an interactive computer service that hosts content created by its users. To the fullest extent permitted by law, ZebraHerd does not author, adopt, endorse, or assume responsibility for content created by users, and is not responsible or liable for any user content or for any conduct of any user.

THE SERVICES AND ALL CONTENT AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT OR DATA (INCLUDING SPORTS DATA, BETTING LINES, AND AUTOMATED OR AI-ASSISTED CONTENT) WILL BE ACCURATE, COMPLETE, OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ZEBRAHERD NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US TO USE THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless ZebraHerd and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content; (b) your use of the Services; (c) your violation of these Terms; (d) your violation of any law or any third party's rights; or (e) any Gentleman's Bet, side agreement, or dispute between you and another user. We may assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.

Please read this section carefully. It requires you and ZebraHerd to resolve most disputes through binding individual arbitration rather than in court, and it waives your right to participate in a class action. You may opt out as described below. Informal resolution first: before starting an arbitration, contact us at legal@zebraherd.com and give us 30 days to resolve the dispute.

Agreement to arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (available at www.adr.org), rather than in court, except as provided below. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement. Exceptions: either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual-property rights.

Class-action waiver. You and ZebraHerd may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding; the arbitrator may not consolidate claims or preside over any class proceeding. 30-day opt-out: you may opt out of this arbitration agreement (including the class-action waiver) within 30 days after you first accept these Terms by sending written notice to support@zebraherd.com with your name, your account username, and a clear statement that you want to opt out of arbitration. If you opt out, or if this arbitration agreement is found unenforceable, Section 20 governs disputes.

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and by applicable U.S. federal law (including, for Section 19, the Federal Arbitration Act). To the extent a dispute is not subject to arbitration and is not brought in small-claims court, you and ZebraHerd submit to the exclusive jurisdiction of the state and federal courts located in Alameda County, California, and waive any objection to venue in those courts.

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as posting a notice within the Services or updating the “Last updated” date above, and we may also require you to affirmatively accept the updated Terms before you can continue to post or use certain features. Changes are effective when posted unless we state otherwise. By continuing to use the Services after changes take effect, you agree to the updated Terms; if you do not agree, stop using the Services.

If you access the Services through an app downloaded from the Apple App Store or Google Play, the following applies to that app. These Terms are between you and ZebraHerd only — not with Apple Inc. (“Apple”) or Google LLC (“Google”) — and Apple and Google are not responsible for the app or its content. Your license to the app is a non-transferable license to use it on Apple-branded or Android devices that you own or control, as permitted by the App Store Terms of Service (including the Usage Rules) or the Google Play Terms of Service. Apple and Google have no obligation to furnish any maintenance or support for the app.

If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price you paid for the app (if any); to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are ZebraHerd's responsibility. ZebraHerd, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, claims under consumer-protection or similar laws, and claims regarding intellectual-property infringement. You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license to the Apple app and may enforce these Terms against you as such.

These Terms, together with the Privacy Policy, the Cookie Policy, and any policies or guidelines incorporated by reference, are the entire agreement between you and ZebraHerd regarding the Services and supersede any prior agreements on that subject. If any provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce any provision is not a waiver; any waiver must be in writing. You may not assign these Terms without our prior written consent; we may assign them without restriction, including in a merger, acquisition, reorganization, or sale of assets. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship. We are not liable for delay or failure to perform due to causes beyond our reasonable control. We may provide notices through the Services or to the contact information on your account, and electronic notices satisfy any requirement that a notice be in writing.

Contact addresses. Account, billing and general questions: support@zebraherd.com. Reports of content or accounts that violate these Terms or our Community Guidelines: abuse@zebraherd.com. Legal notices, including notices under Section 19 and requests from law enforcement: legal@zebraherd.com. Copyright notices: the designated agent named in Section 12. Postal mail: Zebra Herd, Inc., 1311 Park Street #1178, Alameda, CA 94501.