This is an agreement between you, the user of our services, and FPL Wizard LLC, a Wyoming corporation ("We", "Us", or "FPL Wizard"). By using any services provided by FPL Wizard, accessible via FplWizard.com (the "Website"), you acknowledge that you have read, understood, and agree to be bound by the following terms and all applicable laws and regulations.
This agreement is between:
By using the Service or the Website, the User acknowledges that they have read this agreement, understand it, and agree to be bound by its terms and conditions. If the User does not agree to the terms and conditions of this agreement, they are not granted the right to use the Service or the Website and must not use them.
In this agreement, unless the context otherwise requires:
Other capitalized terms used, but not defined in this section may be defined elsewhere within this Agreement.
FPL Wizard LLC will provide the Services to the User as outlined on our Website. These Services are subject to the terms and conditions of this Agreement and any other terms outlined on our Website.
FPL Wizard LLC reserves the right, at its sole discretion, to modify or replace the Services, suspend or discontinue the Services at any time. If we replace or modify Services, we will give you notice where possible.
We will use reasonable endeavors to make the Services available to the User 24 hours a day, seven days a week, except for planned maintenance and any unscheduled emergency maintenance. However, there will be no guarantee that the Services will be uninterrupted, or error-free.
The Services may be subject to certain limitations, such as limits on the storage space, data transfer, processing capabilities, number of users, etc. These limitations will be communicated to the User clearly in the Service description.
You must use the Services and Website only for lawful purposes. You may not use, and may not encourage, promote, facilitate or instruct others to use, the Services or Website for any illegal, harmful, fraudulent, infringing or offensive use.
When creating an account with FPL Wizard LLC, you are responsible for maintaining the confidentiality of your account information, including your username and password. You are also responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized use of your account.
You are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security, protection, and backup of your data, which may include the use of encryption technology to protect your data from unauthorized access and routine backup of your data.
You agree to comply with the terms of this Agreement and any other agreement that you have entered into with FPL Wizard LLC in relation to the use of the Services.
FPL Wizard LLC offers a free version of the Services which users can access and use at no cost. This version may have limited features and functionality.
Access to the full version of the Services requires payment of a one-time fee for a single English Premier League season. The fee is as stated on our Website and must be paid in full prior to accessing the Services.
Payment for the Services must be made via the payment methods provided on the Website. Upon receipt of payment, users will receive confirmation and gain access to the full version of the Services for the paid period.
The fee for the Services is a one-time payment. It does not recur and is not automatically renewed. If you wish to continue using the full version of the Services for the next English Premier League season, you will need to make a new payment.
Unless otherwise stated, the fees for the Services do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction. You are responsible for paying all taxes associated with your purchase of the Services.
All rights, title, and interest in and to the Services, including all associated intellectual property rights, remain with FPL Wizard LLC. The Services are licensed, not sold. Nothing in this agreement grants you a right or license to use any trademark, design right, or copyright owned or controlled by FPL Wizard LLC, except as expressly provided in the Agreement.
The Services rely on data provided by third-party providers, including but not limited to, the "Football Association Premier League" and "Sportmonks". The Intellectual Property rights in this data remain with the respective third-party providers.
Users retain any and all of their rights to any content they submit, post, or display on or through the Service. By making your content available on or through the Service, you grant FPL Wizard LLC a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (existing or subsequently developed).
Any feedback, comments, or suggestions you may provide regarding FPL Wizard LLC or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
FPL Wizard LLC uses Amazon Web Services (AWS) to store user data online. This data is stored on servers located in the European Union (specifically Ireland and Germany). FPL Wizard LLC takes reasonable steps to ensure the secure storage of your data.
If a user chooses to log in through Google or Facebook social plugins, the user grants permission for these companies to gather data as outlined in their respective privacy policies. FPL Wizard LLC is not responsible for the data practices of these third-party platforms.
FPL Wizard LLC uses third-party tools to gather data for analytics and marketing purposes. This data is anonymized and used to improve the Services and for marketing activities.
FPL Wizard LLC ensures that any user data used for analytics or marketing purposes is anonymized. This means that the data will be used in a way that the user cannot be identified from the data.
By using our Services, you consent to the collection, use, and sharing of your personal data under this Privacy Policy. If you do not agree with these practices, you should not use the Services.
FPL Wizard LLC may update its Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes.
This Agreement commences upon the User's first use of the Services and continues until the end of the English Premier League 2023/24 season, which is expected to conclude on May 20th, 2024.
In the event of disruptions such as pandemics or postponements that affect the English Premier League season, FPL Wizard LLC will make every effort to prolong its Services, but is not liable for the quality of the Services during such disruptions. Since FPL Wizard LLC relies on third-party data sources, there may be periods of service outages.
In the event of a service outage that cannot be resolved within 15 days, users can request a refund. Refunds will be proportional to the amount of time for which the Services have been active but unavailable due to the outage.
Under normal circumstances, if a user is dissatisfied with the Services, they can request a refund within 48 hours of activating their account. Refund requests after this period will not be entertained.
FPL Wizard LLC may terminate this Agreement immediately if the User breaches any of its terms and conditions.
To the extent permitted by applicable law, FPL Wizard LLC, its officers, directors, employees, and agents will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.
FPL Wizard LLC will not be liable for any loss or damage arising from the failure of third-party data providers, including but not limited to, the "Football Association Premier League" and "Sportmonks".
FPL Wizard LLC will not be held liable for any degradation of the Services due to unforeseeable circumstances such as pandemics, postponements, or other disruptions to the English Premier League season.
Under no circumstances will FPL Wizard LLC's total liability of all kinds arising out of or related to this Agreement (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the total amount paid by you to FPL Wizard LLC for the Services in the current term of your Agreement.
This Agreement and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At FPL Wizard LLC's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Service or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Wyoming state law.
If you have any questions about these Terms of Service, please contact FPL Wizard LLC:
FPL Wizard LLC 1603 Capitol Avenue, Suite 413 #4068, Cheyenne, Wyoming 82001, United States
Email: admin@fplwizard.com
Website: www.FplWizard.com