Terms & Conditions

Introduction & Parties

These Terms and Conditions (“Terms”) govern your access to and use of the SportKen platform, website, and associated services (“the Service”).

The Service is operated by [COMPANY NAME PTY LTD] (ABN: [ABN]), a company registered in Australia, with its registered address at [REGISTERED ADDRESS] (“SportKen”, “we”, “us”, “our”).

Eligibility & Age Restrictions

To use the Service, you must:

• Be at least 18 years of age. The Service is strictly for adults.
• Have the legal capacity to enter into a binding contract in your jurisdiction.
• Not be prohibited from using the Service under any applicable law or regulation.
• Reside in a jurisdiction where accessing sports analytics and data intelligence services is lawful.

Nature of the Service (Not Financial Advice)

SportKen is an independent sports analytics and data intelligence platform. We provide statistical analysis, predictive modelling, confidence scoring, and data-driven insights for informational and entertainment purposes only.

All content on the Service, including “Lab States”, “Proof Factors”, “Our Thoughts”, “Confidence Scores”, “Win Probability”, “Place Probability”, “Fair Value Odds”, and any other analysis:

• Is provided for informational and entertainment purposes only.
• Does not constitute financial advice, investment advice, betting tips, or a recommendation to place any wager.
• Does not guarantee any outcome — sports and racing results are inherently unpredictable.
• Should not be relied upon as the sole basis for any betting or financial decision.
• Past performance of any model, signal, or analysis does not guarantee future results.

Responsible Gambling

SportKen is committed to responsible gambling. If you choose to use our data to inform betting decisions, you must do so responsibly and within your means.

• Never gamble with money you cannot afford to lose.
• Set and adhere to personal betting limits.
• Do not chase losses.
• Gambling should be entertainment, not a source of income.
• If gambling is affecting your relationships, finances, or mental health, seek help immediately.

Account Registration & Security

To access certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete information and keep it updated.
• Maintain the confidentiality of your account credentials and not share them with any third party.
• Notify us immediately at contact@sportken.com of any unauthorised use.
• Accept responsibility for all activities that occur under your account.
• Not create multiple accounts to circumvent subscription limits or trial restrictions.
• Not use another person's account without their express permission.

We reserve the right to suspend or terminate accounts that provide false information, engage in fraudulent activity, or violate these Terms.

Subscription, Billing & Cancellation

SportKen offers subscription-based access to the Service. By subscribing, you authorise us to charge your nominated payment method on a recurring basis.

• Trial: Where a trial period is offered (e.g. A$1 for 7 days), you will be automatically charged the full subscription rate at the end of the trial unless you cancel beforehand.
• Billing cycle: Subscriptions are billed monthly or annually as selected at checkout. All prices are in Australian Dollars (AUD) and include GST where applicable.
• Cancellation: You may cancel your subscription at any time via your account settings. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused time within a billing period, except where required by the Australian Consumer Law.
• Refunds: Refunds are assessed on a case-by-case basis in accordance with the Australian Consumer Law. To request a refund, contact contact@sportken.com.
• Price changes: We reserve the right to change subscription pricing. We will provide at least 30 days' notice of any price increase. If you do not agree to the new price, you may cancel your subscription before the change takes effect.

Referral Program & Rewards

SportKen may offer a referral program (“the Program”) where users can earn credits or rewards by referring new subscribers.

• Credits: Referral credits have no cash value, are non-transferable, and cannot be withdrawn as currency. They are applied solely as discounts on future SportKen subscription fees.
• Vesting: Credits are awarded only after the referred friend has completed their first full paid month (post-trial) and the payment is non-refundable.
• Minimum Floor: Referral credits cannot reduce the monthly subscription fee below A$99/month. Excess credits will be banked for future billing cycles.
• Forfeiture: If you cancel your subscription, all banked referral credits are immediately forfeited and cannot be reinstated.
• Abuse: We reserve the right to revoke credits and terminate accounts where we suspect referral fraud, including creating multiple accounts or using automated systems.

Acceptable Use & Restrictions

You agree not to:

• Reproduce, distribute, sell, or commercially exploit any content from the Service without our express written consent.
• Use automated tools (bots, scrapers, crawlers) to access, extract, or copy data from the Service.
• Attempt to reverse-engineer, decompile, or extract our algorithms, models, or proprietary methodologies.
• Use the Service in any way that violates applicable laws or regulations.
• Transmit any harmful, offensive, or disruptive content through the Service.
• Interfere with or disrupt the integrity or performance of the Service or its infrastructure.
• Share your account credentials or subscription access with third parties.
• Use the Service to develop a competing product or service.

Intellectual Property Rights

All content, software, algorithms, models, data, designs, and proprietary terminology (including “The Lab”, “Zenith Signal”, “Lab State”, “Proof Factor”, “Lab Score”, “Intelligence Proof”) are the exclusive intellectual property of SportKen, protected by Australian and international copyright and trademark law.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal, non-commercial use in accordance with these Terms. This licence does not include any right to sublicense, modify, copy, distribute, or create derivative works.

If you provide feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, irrevocable, royalty-free licence to use and incorporate such feedback into the Service without compensation to you.

Data Accuracy & Third-Party Providers

The Service relies on data from third-party providers including Betfair, The Odds API, FormFav, and API-Sports. While we strive for accuracy, we do not warrant the accuracy, completeness, or timeliness of any data presented.

Beta Features & Service Modifications

We may occasionally offer features designated as “Beta”, “Preview”, or “Early Access”. These features are provided “as is” for testing and evaluation purposes. They may contain bugs, errors, or inaccuracies, and are not subject to any service level commitments. We may discontinue Beta features at any time without notice.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. Where changes materially degrade the core functionality of the Service, we will provide reasonable advance notice.

Service Availability & Force Majeure

We strive to maintain high availability of the Service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to planned maintenance, updates, or circumstances beyond our control.

Force Majeure: SportKen shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, internet service provider failures, third-party API outages (e.g., Betfair or FormFav downtime), cyber-attacks, or government actions.

Limitation of Liability

To the maximum extent permitted by applicable law (including the Australian Consumer Law):

• SportKen, its directors, employees, affiliates, agents, and data providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or financial losses arising from your use of or inability to use the Service.
• Our total aggregate liability shall not exceed the total subscription fees paid by you in the 12 months preceding the claim.
• We are not liable for any losses arising from your betting or wagering activities, regardless of whether those activities were informed by data from the Service.

Indemnification

You agree to indemnify, defend, and hold harmless SportKen and its directors, employees, affiliates, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) any betting or wagering activities you undertake based on information from the Service.

Termination & Data Portability

We may suspend or terminate your access immediately, without prior notice, if you breach these Terms or engage in conduct harmful to the Service, other users, or third parties.

You may terminate your account at any time by cancelling your subscription and contacting us at contact@sportken.com.

Upon termination, your right to use the Service will immediately cease. We will retain your data in accordance with our Privacy Policy. You may request an export of your personal data (such as your Results Review history) prior to account deletion by contacting support.

Privacy & Sub-Processors

Your use of the Service is also governed by our Privacy Policy, incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

You acknowledge that SportKen utilises the following third-party sub-processors to deliver the Service. Your data may be processed by these entities in accordance with their respective privacy policies:

Changes to These Terms

We will notify you of material changes by email or prominent notice on the Service at least 14 days before changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must cancel your subscription and cease using the Service.

Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes.

Before commencing legal proceedings, you agree to first attempt to resolve any dispute by contacting us at contact@sportken.com. We will endeavour to respond within 30 days and work in good faith to reach a resolution.

Australian & New Zealand Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or the New Zealand Consumer Guarantees Act 1993.

Where these consumer protection laws apply, our liability is limited to the extent permitted by law, including (where applicable) re-supplying the services or paying the cost of having the services re-supplied.

Severability & Entire Agreement

If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, it will be limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and SportKen regarding the Service and supersede all prior agreements.

Contact Us

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