Terms of Service
Welcome to The DFS Kitchen. These Terms of Service ("Terms") are a binding agreement between you and DFS Kitchen LLC, a Florida limited liability company ("we," "us," "the Kitchen"), governing your use of our website at dfskitchen.com (the "Site") and our DFSK Optimizer subscription service (the "Service"). Please read carefully — by using the Service, you agree to these Terms.
- Acceptance of these Terms
- Eligibility
- The Service
- Your account
- Subscription, billing, and renewal
- Cancellation and refunds
- Acceptable use
- Intellectual property
- DFS disclaimers
- Third-party services
- Warranty disclaimer
- Limitation of liability
- Dispute resolution and arbitration
- Termination
- Changes to these Terms
- Miscellaneous
- Contact us
1.Acceptance of these Terms
By creating an account, subscribing to the Service, or otherwise using the Site or the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.
If you are using the Service on behalf of an entity (for example, a business), you represent that you have authority to bind that entity to these Terms, and "you" refers to both you personally and the entity.
2.Eligibility
By using the Service, you represent and warrant that:
- You are at least 18 years of age (or the legal age of majority in your jurisdiction, whichever is greater);
- You have full legal capacity to enter into these Terms;
- You are not located in, and you are not a citizen or resident of, any jurisdiction that prohibits the use of daily fantasy sports services;
- You are not on any U.S. government list of restricted or sanctioned persons;
- You will use the Service only for lawful purposes consistent with these Terms.
It is your responsibility to know and comply with the laws of your own state or jurisdiction regarding daily fantasy sports participation. We do not warrant that the Service is legal in every state.
3.The Service
The DFSK Optimizer is a software tool that helps subscribers research and build daily fantasy sports ("DFS") lineups for contests on third-party DFS platforms (such as DraftKings). The Service includes daily player projections, an exact-solver lineup optimizer, Monte Carlo simulation, multi-sport support, and CSV export of generated lineups.
The Service is provided as a research and analysis tool. We are not a sportsbook, fantasy sports contest operator, or gambling operator. We do not accept entries, hold funds, pay out winnings, or conduct contests of any kind.
The separate "Twitter Picks" creator subscription on the @dfskitchen X (formerly Twitter) profile is not part of the Service governed by these Terms. That subscription is offered and billed directly by X under X's Terms of Service and is outside the scope of this agreement.
4.Your account
To access the Service you must create an account. You agree to:
- Provide accurate, current, and complete information;
- Maintain and promptly update your information so it remains accurate;
- Keep your password secure and confidential;
- Be solely responsible for all activity that occurs under your account;
- Notify us immediately at support@dfskitchen.com if you suspect unauthorized access.
Each account is for one individual user. You may not share your account credentials with others or resell access to the Service. We may suspend or terminate accounts we reasonably believe are being shared or resold.
5.Subscription, billing, and renewal
The Service is offered as a monthly recurring subscription at $50.00 USD per month (the "Subscription Fee"). Subscription Fees are billed in advance through our payment processor, Stripe.
Automatic renewal
Your subscription will automatically renew each month at the then-current rate until you cancel. By subscribing, you authorize us (through Stripe) to charge the payment method on file for each renewal until you cancel.
Price changes
We may change the Subscription Fee from time to time. If we increase the price, we will give you at least thirty (30) days' notice by email before the change takes effect. If you do not agree to the new price, you may cancel before it takes effect.
Failed payments
If a payment fails, we will attempt to charge your card again. If the payment cannot be collected, your access to the Service may be suspended or terminated. You remain responsible for any unpaid amounts plus any reasonable collection costs.
Taxes
Subscription Fees do not include any applicable taxes. You are responsible for any sales, use, value-added, or similar taxes that may apply to your subscription in your jurisdiction.
6.Cancellation and refunds
How to cancel
You may cancel your subscription at any time by either:
- Going to your Account page → clicking Manage billing → selecting Cancel inside the Stripe customer portal; or
- Emailing support@dfskitchen.com from the email address on file with a cancellation request.
Cancellation takes effect at the end of your current billing period. You will continue to have access to the Service until that date, and you will not be charged again afterward.
Refunds
All Subscription Fees are non-refundable. We do not issue prorated refunds for partial months, unused time, or downgraded usage. This includes (without limitation) cancellations made shortly after a renewal charge.
The only exceptions to this refund policy are:
- Duplicate or accidental charges caused by a technical error on our end will be refunded;
- Charges made on a payment method you can prove was used without your authorization will be refunded after reasonable verification;
- Refunds required by applicable law in your jurisdiction.
To request a refund under one of these exceptions, email support@dfskitchen.com within 30 days of the charge. We respond to refund requests within 5 business days.
Chargebacks
If you initiate a chargeback or payment dispute through your bank or card issuer without first contacting us to resolve the issue, we reserve the right to terminate your account and refuse future service. We will provide your card issuer with these Terms and any relevant communications as evidence of the agreement.
7.Acceptable use
You agree NOT to:
- Share, sublicense, sell, rent, lease, or otherwise transfer access to the Service or your account credentials;
- Reverse engineer, decompile, disassemble, or attempt to extract the source code or underlying algorithms of the Service;
- Scrape, harvest, or programmatically extract data from the Service in bulk (manual export of your own lineup data via the built-in CSV export is, of course, fine);
- Use the Service to facilitate any illegal gambling activity in your jurisdiction;
- Use the Service to harass, abuse, or harm others;
- Attempt to gain unauthorized access to any part of the Service, other accounts, or our infrastructure;
- Use any automated means (bots, scripts, etc.) to interact with the Service in a way that places unreasonable load on our systems;
- Use the Service to develop a competing product or service;
- Misrepresent your identity or affiliation when communicating with us.
Violations of this section may result in immediate suspension or termination of your account without refund.
8.Intellectual property
Our property
The Service, including all software, projections, simulations, models, datasets, branding (including "DFS Kitchen," "DFSK," "The Chef," and associated logos), graphics, copy, and design, is owned by DFS Kitchen LLC and is protected by U.S. and international intellectual property law. Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial DFS research and lineup construction. It does not transfer any ownership rights to you.
Your content
If you submit content to us (for example, by tagging @dfskitchen with a screenshot of a winning DFS lineup, posting in our Discord, or emailing us a testimonial), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute that content for marketing, promotional, and operational purposes — including on our Site, on social media, and in advertising. You retain ownership of your content. You represent that you have all rights necessary to grant this license and that your content does not infringe any third party's rights.
If you'd like us to remove specific content you've previously shared, email support@dfskitchen.com and we will do so within a reasonable time.
9.DFS disclaimers
Not a sportsbook or contest operator
DFS Kitchen LLC is not affiliated with, endorsed by, or sponsored by DraftKings, FanDuel, Yahoo, ESPN, the NFL, MLB, NBA, NHL, PGA, NASCAR, UFC, WNBA, NCAA, or any other professional sports league, team, or contest operator. References to those entities are nominative and used only to identify the platforms where you may use lineups you build with the Service.
Projections are estimates, not predictions
The player projections, ownership estimates, ceiling/floor calculations, Monte Carlo simulations, and all other analytical outputs the Service provides are statistical estimates based on historical data and modeling assumptions. They are not predictions, forecasts, or guarantees. Actual player and contest outcomes will vary, often significantly, due to factors outside the model — injuries, weather, lineup changes, in-game circumstances, and inherent randomness of sports.
You make your own decisions
You are solely responsible for any contests you enter, any lineups you submit, any funds you wager, and any results you achieve (or do not achieve). We are not responsible for losses you incur, missed contests, lock-time mistakes, projection inaccuracies, optimizer output choices, or any other DFS-related decisions you make. Past performance of the Service or of any subscriber is not indicative of future results.
Responsible gambling
Daily fantasy sports and gambling-adjacent activities can be addictive. Only participate with money you can afford to lose, set personal limits, and seek help if your participation becomes problematic. Free, confidential help is available:
- National Council on Problem Gambling — 1-800-GAMBLER (1-800-426-2537) or ncpgambling.org
- Most DFS platforms (DraftKings, FanDuel, etc.) offer deposit limits, time-outs, and self-exclusion tools — use them.
10.Third-party services
The Service integrates with or links to several third-party services, including Memberstack (authentication), Stripe (payments), Plausible Analytics, Google Workspace, Netlify (hosting), Discord (community), and X / Twitter. Your use of those services is governed by their own terms and policies. We are not responsible for the availability, content, or practices of any third-party service.
11.Warranty disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, OR THAT ANY PROJECTIONS, SIMULATIONS, OR RECOMMENDATIONS WILL BE PROFITABLE. YOU USE THE SERVICE AT YOUR OWN RISK.
12.Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DFS KITCHEN LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR ANY DFS CONTEST LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN SUBSCRIPTION FEES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
13.Dispute resolution and arbitration
Governing law
These Terms and any dispute arising out of them are governed by the laws of the State of Florida, without regard to its conflict-of-laws provisions.
Informal resolution first
Before filing any formal claim, you agree to first attempt to resolve the dispute informally by emailing support@dfskitchen.com with a description of the dispute and your proposed resolution. We will respond within 30 days. Most disputes are resolved this way.
Binding arbitration
ANY DISPUTE NOT RESOLVED INFORMALLY WILL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT. THE ARBITRATION WILL BE CONDUCTED IN ENGLISH AND HELD IN FLORIDA (OR VIRTUALLY, IF AVAILABLE). THE ARBITRATOR'S DECISION WILL BE FINAL AND ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
Class action waiver
YOU AND DFS KITCHEN LLC AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
Exceptions
Either party may bring an individual action in small-claims court for disputes that qualify, or seek injunctive or equitable relief in court for intellectual-property infringement or unauthorized access to the Service.
Opt out
You may opt out of the binding arbitration and class-action-waiver provisions by emailing support@dfskitchen.com within 30 days of first agreeing to these Terms, with the subject line "Arbitration Opt-Out" and including your account email. Opting out will not affect any other terms.
14.Termination
You may terminate your subscription at any time as described in Section 6.
We may suspend or terminate your access to the Service, with or without notice, for any reason, including (but not limited to) breach of these Terms, fraudulent activity, abuse of staff or other users, chargeback initiation without prior contact, or extended account inactivity. Upon termination, your right to use the Service immediately ends. Sections that by their nature should survive termination (including Sections 8–13 and 16) will survive.
15.Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date and notify active subscribers by email at least 14 days before the changes take effect. Your continued use of the Service after the changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must cancel your subscription before they take effect.
16.Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and DFS Kitchen LLC regarding the Service.
- Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
- No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to a successor entity (for example, in a merger or sale).
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control (natural disasters, internet outages, third-party service failures, etc.).
- Notices. We may give you notices by email to the address on your account or by posting on the Site. You may give us notices by emailing support@dfskitchen.com.
- Headings. Section headings are for convenience only and do not affect interpretation.
17.Contact us
Questions about these Terms or the Service?
DFS Kitchen LLC
Email: support@dfskitchen.com
Twitter: @dfskitchen
By using the Site or Service, you acknowledge that you have read and agreed to these Terms.
See also our Privacy Policy.