01 Acceptance of Terms
These Terms of Service ("Terms") form a binding legal agreement between you and ToTheMoon Picks ("ToTheMoon," "we," "us," or "our"). By accessing tothemoonpicks.com, joining our Discord community, subscribing via DubClub, or otherwise using our service (collectively, the "Service"), you agree to these Terms. If you do not agree, do not use the Service.
These Terms apply to every user, free and paid. Your use of the Service after any update to these Terms constitutes acceptance of the updated Terms.
02 Eligibility & Age
You represent and warrant that you are at least 21 years old, have full legal capacity to enter into a contract, and are not prohibited by law from using sports handicapping content in your jurisdiction.
03 What ToTheMoon Is
ToTheMoon is a sports handicapping, analysis, and community service. We publish opinions, predictions, and analysis about sporting events ("Picks"), operate a community Discord, and distribute premium Picks to subscribers through a third-party platform (DubClub).
What ToTheMoon is NOT
- We are not a sportsbook. We do not accept wagers, hold funds, process bets, or facilitate the placement of bets.
- We are not a licensed financial adviser, investment adviser, or broker. Picks are opinions, not financial advice.
- We are not a law firm, tax adviser, or regulated entity. Nothing on the Service constitutes legal, tax, or professional advice.
- We are not affiliated with any sports league, sportsbook, team, player, or official sports organization unless explicitly stated in writing.
Publishing opinions about sports is speech protected under the First Amendment of the United States Constitution. Our content is delivered as commentary, analysis, and entertainment. You bear sole responsibility for any decisions you make based on our content.
04 Disclaimer & No Wagering
ToTheMoon does not accept money in exchange for placing a wager. Our subscription fee grants you access to our opinion content and community. No part of your payment is a wager, stake, bet, or deposit against a future outcome. We do not take action on our own Picks on your behalf.
Sports betting is illegal in some jurisdictions and regulated in others. You are solely responsible for knowing the laws of the state, province, or country where you are physically located and only engaging in sports betting where it is legal. We do not promote sports betting in jurisdictions where it is prohibited.
05 Past Performance
Any win rate, hit rate, record, ROI, unit count, return, or historical performance metric presented on the Service reflects past results only. Past performance does not guarantee, indicate, or predict future results. Variance, market conditions, rule changes, injuries, and many other factors affect outcomes.
You should not assume you will achieve the same results as any capper, the community, or historical aggregate statistics. Individual results will vary. Any specific dollar figures, parlay multiples, or "big wins" featured in marketing, testimonials, or the Service are atypical and should not be expected as a norm.
06 Subscriptions & Billing
Premium access to ToTheMoon is provided through DubClub, a third-party subscription platform. All billing, payment processing, renewals, cancellations, and refunds are handled by DubClub under its own terms and privacy policy, which you accept when subscribing. We are not responsible for DubClub's billing errors, payment disputes, or platform outages.
Auto-renewal & cancellation
Subscriptions renew automatically at the stated interval (weekly, monthly, or other) until canceled. You may cancel at any time through your DubClub account; cancellation takes effect at the end of the then-current billing period.
Refunds
Due to the nature of the Service (time-sensitive Picks delivered in real time), subscriptions are generally non-refundable once a billing period has begun. Refund requests will be considered on a case-by-case basis under DubClub's policy.
Price changes
We may modify subscription prices. Any price change will apply to subsequent billing periods only. If you disagree with a new price, you may cancel before the next renewal.
07 User Conduct
You agree not to:
- Redistribute, repost, resell, or publicly share premium Picks, content, or recordings outside the authorized community.
- Share your account, Discord invite, or DubClub access with non-subscribers.
- Harass, threaten, dox, impersonate, or abuse other members, cappers, or staff.
- Post content that is unlawful, defamatory, obscene, hateful, infringing, or that discloses another person's private information without consent.
- Scrape, crawl, auto-screenshot, or reverse-engineer the Service or its content.
- Use the Service to promote competing services, pyramid schemes, unauthorized sportsbooks, offshore books, or illegal wagering operations.
- Attempt to manipulate our records, testimonials, or hit-rate statistics by fraudulent posts.
Violation of these conduct rules may result in immediate termination of access, forfeiture of any subscription fees paid for the current period, and banning from the community without refund.
08 Intellectual Property
All content created by ToTheMoon, including but not limited to logos, names, branding, Picks, analysis, written content, graphics, audio, video, and software, is owned by ToTheMoon or its licensors and is protected by copyright, trademark, and other intellectual property laws.
We grant you a personal, limited, non-exclusive, non-transferable, revocable license to access the Service for your own non-commercial use while your subscription is active or your free access is not revoked. This license does not include any right to copy, modify, distribute, sell, display publicly, or create derivative works.
Third-party trademarks, team names, league names, and sportsbook names appear solely for nominative identification. Their appearance does not imply endorsement, partnership, or affiliation.
09 Endorsements, Testimonials & Disclosure
In compliance with the Federal Trade Commission Act, 16 CFR Part 255 (Endorsement Guides), and Section 5 of the FTC Act:
- Testimonials on the Service reflect individual members' experiences. Results are not typical. Your results will vary.
- Where a capper or contributor has a material connection to ToTheMoon (e.g., revenue share, free subscription, paid role), we will disclose that connection.
- When our social posts promote a third party for compensation, the post will be marked with #ad, #sponsored, or a clear disclosure.
We do not purchase fake reviews, pay for undisclosed endorsements, or fabricate testimonials. If you believe a testimonial or claim on the Service is inaccurate, contact us in Discord so we can investigate.
10 Third-Party Services
The Service integrates with or links to third-party platforms, including Discord, DubClub, and linked sportsbooks, leagues, or content sources. These platforms have their own terms of service and privacy policies. Your use of a third-party platform is governed by that platform's terms, not ours. We are not responsible for the availability, accuracy, or practices of any third-party service.
11 Geographic Restrictions
Sports betting is illegal or restricted in some United States states and in many countries. The Service is made available from our location in the United States; we do not direct the Service to, market the Service in, or knowingly provide the Service to residents of any jurisdiction where sports-handicapping content is unlawful.
If you access the Service from a jurisdiction where it is not lawful to do so, you access it at your own risk and we disclaim any liability arising from that access. You are solely responsible for compliance with your local laws.
12 Termination
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons may include violation of these Terms, suspected fraud, non-payment, legal requirement, or operational need. Upon termination, your license to access the Service ends immediately.
You may terminate your use of the Service at any time by canceling your DubClub subscription and/or leaving the Discord. Certain provisions of these Terms survive termination, including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.
13 Disclaimer of Warranties
To the fullest extent permitted by law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uninterrupted access, and error-free operation. We do not warrant that Picks will be profitable, that statistics will be accurate, that the Service will be available at all times, or that the community will be free of disruption.
14 Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall ToTheMoon, its owners, operators, contributors, cappers, affiliates, or licensors be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of wagers, loss of bankroll, lost profits, loss of data, or business interruption, arising out of or in connection with your use of the Service, whether based on contract, tort, negligence, strict liability, or any other legal theory, and whether or not we have been informed of the possibility of such damages.
Our aggregate liability for any claim arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amount you paid ToTheMoon in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow the limitation of incidental or consequential damages; in such jurisdictions this limitation applies to the greatest extent permitted.
15 Indemnification
You agree to indemnify, defend, and hold harmless ToTheMoon, its owners, operators, cappers, contributors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or the rights of any third party, or (d) any wager, bet, or financial decision you make in any connection with content from the Service.
16 Disputes, Arbitration & Governing Law
These Terms are governed by and construed in accordance with the laws of the United States of America and the state where the operator of ToTheMoon Picks is principally domiciled, without regard to conflict-of-laws provisions.
Informal resolution first
Before filing any formal claim, you agree to attempt to resolve the dispute informally by contacting us in Discord and giving us thirty (30) days to respond.
Binding arbitration
If informal resolution fails, any claim, dispute, or controversy arising out of or relating to the Service or these Terms shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, conducted in the United States. The arbitrator's decision shall be final and binding. You and ToTheMoon each waive the right to a trial by jury.
Class-action waiver
You agree to bring any claim solely on an individual basis and not as part of any class, consolidated, or representative action. The arbitrator may not consolidate claims and may not preside over any form of representative or class proceeding.
Opt-out
You may opt out of binding arbitration by sending written notice through our Discord within thirty (30) days of first accepting these Terms. Opt-out does not waive any other provision.
17 Changes to Terms
We may update these Terms at any time. Material changes will be announced in the Discord or posted at the top of this page with a revised "Last updated" date. Your continued use of the Service after the effective date of a change constitutes acceptance. If you do not agree with a change, you must stop using the Service.
18 DMCA & Copyright Policy
ToTheMoon respects intellectual property rights. If you believe content on the Service infringes your copyright, please submit a notice through our Discord ("the Designated Agent channel") containing: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement under penalty of perjury that the information is accurate and you are authorized to act.
We will respond to valid DMCA notices in accordance with 17 U.S.C. § 512. Repeat infringers will have access to the Service terminated.
19 Responsible Gambling
- United States: Call or text 1-800-GAMBLER (1-800-426-2537) or visit ncpgambling.org
- United States (alternate): gamtalk.org, Gamblers Anonymous at gamblersanonymous.org
- Canada: responsiblegambling.org
- UK: gamcare.org.uk, 0808 8020 133
We take problem gambling seriously. If you need to step away, we support your decision. Cancel your subscription, leave the Discord, and reach out to the resources above.
20 Contact
Reach us through our Discord community: discord.gg/hxNeEkkfue. Direct message a moderator or post in the support channel.
For formal legal or DMCA notices, use the Discord and explicitly tag the request as "LEGAL NOTICE" so it routes to the appropriate party. We will respond within a commercially reasonable time.