Terms of Service

These Terms of Service ("Terms") govern access to and use of the D1 Demand platform, operated by Evlve Data LLC, a Pennsylvania limited liability company ("D1 Demand", "we"), together with its data, exports, and APIs (the "Service"), by the organization that registers an account ("Customer") and its authorized users. By creating an account, signing in, or using the Service, Customer agrees to these Terms. Enterprise customers with a signed order form are governed by that order form where it conflicts with these Terms.

D1 Demand provides analytics and forecasts about demand around NCAA Division I athletics — including demand scores, pricing observations, and related reference data — licensed by media market. A subscription licenses the markets on Customer's plan; every Division I football program (FBS and FCS) whose campus is homed in a licensed market is included. Customer's own business locations are not metered.

Access is organized by organization. Some plans include a stated number of full seats; others allow unlimited members at the plan's access level. Viewer access may be free and unlimited where the plan says so. Credentials are per-person and may not be shared. Customer is responsible for its users' compliance with these Terms.

Subject to payment, D1 Demand grants Customer a non-exclusive, non-transferable, non-sublicensable license to use the Service's data and outputs for Customer's own internal business operations only, within the licensed markets and during the subscription term. Except as expressly permitted, Customer shall not:

• redistribute, resell, publish, or sublicense the data or outputs, in bulk or in part, to any third party;
• use the data or outputs to train, fine-tune, or improve any machine-learning or statistical model, whether or not the resulting model reproduces the data itself;
• use the Service to provide services to third parties (including agency, consulting, or franchisor-to-franchisee distribution) without a written agreement covering that use;
• build, or assist a third party in building, a product or service that competes with the Service using data obtained from it;
• circumvent market scoping, export quotas, rate limits, or other technical controls.

Customer may publish limited derivative analyses (charts, summaries) that do not enable reconstruction of the underlying data, provided D1 Demand is cited as the data provider.

API downloads and bulk exports may carry technical markings that identify the exporting account. Customer consents to these markings and agrees not to remove them.

Self-serve subscriptions bill from the purchase date (or the end of any trial period) and renew automatically each term until cancelled. Monthly billing is offered at one-fifth of the annual price per month; five monthly cycles equal the annual price. Monthly plans continue to bill each month until cancelled; they do not stop after five cycles. Trials, where offered, convert to paid at the end of the trial unless cancelled. Fees are non-refundable except where required by law. Enterprise agreements may carry an annual price adjustment tied to the Consumer Price Index where stated in the order form.

Customer shall not misuse the Service — including probing or disrupting it, accessing it by automated means outside the documented API, misrepresenting identity, or using it in violation of law.

API access requires an eligible plan and applicable add-on. API keys are Customer's responsibility; usage is subject to documented rate limits and export quotas. The data license in Section 4 applies to all data retrieved via the API. Headless (API-only) use of a subscription is permitted.

The Service provides model estimates and third-party-sourced observations, not measurements or guarantees.Demand scores and predicted audiences are statistical forecasts; pricing observations reflect what was observable at collection time and may be incomplete. The Service is provided "as is" without warranties of any kind, express or implied, including accuracy, merchantability, fitness for a particular purpose, and non-infringement. Customer's business decisions remain Customer's own. Predicted audience figures are national-level statistical estimates and conservative floors; the Service does not provide market-level (DMA) viewership figures or advertising CPMs.

To the maximum extent permitted by law, neither party's aggregate liability under these Terms will exceed the fees paid by Customer in the twelve months preceding the claim, and neither party is liable for indirect, incidental, consequential, or punitive damages. These limits do not apply to Customer's breach of Section 4 or either party's indemnification obligations, if any are stated in an order form.

D1 Demand may suspend or terminate access for material breach — including any breach of Section 4 — after notice where practicable. Upon termination, Customer's license ends and Customer shall cease use of, and delete, exported data, except limited derivative analyses already published in compliance with Section 4.

D1 Demand may update these Terms with notice; continued use after the effective date of an update constitutes acceptance. Material changes to the data license will be notified at least 30 days in advance.

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws rules. The state and federal courts located in Pennsylvania have exclusive jurisdiction over any dispute arising from these Terms, and each party consents to that venue.

Questions: admin@d1demand.com