Terms of Service

Table of Contents

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Data Flow, LLC dba Cogs and Roses ("Company," "we," "us," or "our"), operating as Perennial Metrics.

By creating an account, clicking "I Agree," or purchasing a subscription, you affirmatively consent to be bound by these Terms. Merely browsing the public portions of the Site does not create a binding agreement, but you agree to the Acceptable Use Policy (Section 10) and Anti-Scraping provisions (Section 11) by accessing the Site.

If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Services.

2. Definitions

• "Analytics Data" means all statistical models, metrics, scores, indices, ratings, projections, visualizations, and other analytical outputs produced by the Services.
• "API" means the Perennial Metrics application programming interface.
• "API Key" means the unique authentication credential issued to Pro subscribers for API access.
• "Content" means all text, data, graphics, charts, visualizations, code, and other materials available through the Services.
• "Derived Work" means any dataset, model, analysis, product, or service that is based on, trained on, extracted from, or otherwise created using Analytics Data or Content from the Services.
• "Pro Subscription" means the paid subscription tier at $10 per month providing API access, embeddable charts, and data export.

3. Account Registration

3.1. You must be at least 16 years old to create an account. If you are under 18, you represent that your parent or legal guardian has reviewed and consents to these Terms.

3.2. You must provide accurate, current, and complete information during registration and keep your account information updated.

3.3. You are responsible for maintaining the confidentiality of your account credentials, including your API Key. You are responsible for all activity that occurs under your account.

3.4. You must notify us immediately at contact@perennialmetrics.com if you become aware of any unauthorized access to your account.

3.5. One account per individual. Multiple accounts for the purpose of circumventing rate limits, free tier restrictions, or other limitations are prohibited.

4. Description of Services

4.1 Free Tier

All registered users receive access to the full Perennial Metrics website, including all analytics models, interactive visualizations, player and team statistics, and editorial content. The Free tier does not include API access, embeddable charts, or data export functionality.

4.2 Pro Tier ($10/month)

Pro subscribers receive all Free tier benefits plus: developer API access with authenticated endpoints, the ability to create and embed interactive charts on external websites, and CSV/JSON data export across all models and seasons.

4.3 Additional Licensing

Additional licensing options for organizations may become available in the future. Any such arrangements will be governed by separate written agreements.

4.4 AI-Assisted Content

Certain editorial content available through the Services, including game recaps, player profiles, analytical narratives, and data stories, is generated with the assistance of artificial intelligence (Anthropic Claude API) using NHL statistical data as input. We also use AI for data enhancement, including entity extraction from NHL news sources and structured data processing. AI-generated or AI-assisted content is identified with a disclosure label proximate to the content. The Company reviews AI-generated content for accuracy before publication. No personal user data is transmitted to AI service providers for content generation or data enhancement purposes.

5. Subscriptions and Billing

5.1. Pro subscriptions are billed monthly at $10.00 USD through Stripe. Your subscription begins immediately upon payment. Payment processing is provided by Stripe, Inc. Your use of Stripe is subject to Stripe's Terms of Service and Privacy Policy. We do not store your full credit card number.

5.2. Auto-Renewal Disclosure. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH MONTH AT THE THEN-CURRENT PRICE UNLESS YOU CANCEL. You may cancel at any time through your account settings at perennialmetrics.com/account. Cancellation takes effect at the end of the current billing period. We will send you a reminder email at least 15 days before each renewal.

5.3. Upon cancellation, you retain Pro access through the end of your current billing period. No partial refunds are provided for unused portions of a billing cycle.

5.4. We reserve the right to change subscription pricing with 30 days' written notice. Price changes will not affect your current billing cycle.

5.5. If a payment fails, we will attempt to charge your payment method up to three additional times over seven days. If all attempts fail, your Pro subscription will be suspended until payment is resolved.

5.6. Billing Errors. If you believe you have been charged in error, contact us at contact@perennialmetrics.com within 60 days of the charge. We will investigate and issue a refund for any confirmed billing error within 10 business days.

6. Intellectual Property

6.1. Ownership. Data Flow, LLC owns all right, title, and interest in and to the Services, including:

(a) Implementations of general statistical concepts. The Company has independently developed its own implementations of analytics models based on concepts widely used in the hockey analytics community, such as expected goals (xG), goals above replacement (GAR/WAR), goals saved above expected (GSAx), win probability, trade value estimation, and contract surplus valuation. The Company claims ownership only of its specific implementations — including its source code, feature engineering pipelines, trained model artifacts, calibration parameters, hyperparameter configurations, and training methodologies — not the underlying statistical concepts, which are public domain and used throughout the industry.

(b) Additional model implementations. The Company has independently developed implementations of additional analytics models, including the Clutch Index, Forecheck Disruption Index (FDI), Expected Primary Assists (xPA), Playmaker Rating, Shift Quality Score, Goalie Pull Optimizer, Injury Risk Predictor, and Player Consistency Classification. As with Section 6.1(a), the Company claims ownership of its specific implementations, trained artifacts, and derived outputs — not of the underlying analytical concepts, which may exist in various forms across the hockey analytics and sports science communities.

(c) All Analytics Data, being the specific numerical outputs produced by the Services.

(d) The selection, coordination, arrangement, and presentation of Analytics Data, which constitute an original compilation protected under United States copyright law.

(e) All visualizations, user interface designs, editorial content, and Content.

(f) All trademarks, service marks, and trade dress associated with the Services.

(g) To the extent applicable under any jurisdiction, all database rights in the Analytics Data and Content.

6.2. Limited License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes only.

6.3. No Transfer of Rights. Nothing in these Terms transfers any intellectual property rights to you. All rights not expressly granted are reserved by Data Flow, LLC.

6.4. Trademarks."Perennial Metrics," "Cogs & Roses," the PM petal logo, and all related marks are trademarks of Data Flow, LLC. You may not use these marks without prior written consent.

6.5. Confidential Information. All Analytics Data, model outputs, API responses, and proprietary methodologies constitute Confidential Information of Data Flow, LLC. You agree to treat such information with at least the same degree of care you use to protect your own confidential information, and in no event less than reasonable care.

6.6. Feedback.Any suggestions, ideas, enhancement requests, feedback, or recommendations you provide regarding the Services ("Feedback") shall be the sole property of Data Flow, LLC. You hereby assign all right, title, and interest in such Feedback to us, and we may use Feedback for any purpose without compensation or attribution to you.

7. Data Protection and Restrictions

7.1 No Derivative Works

You may not create derivative works, derivative datasets, derivative models, or derivative analytics from the Analytics Data, API outputs, or any Content obtained through the Services. This includes, without limitation, creating new statistical models, composite indices, aggregate datasets, or analytical products based on our data. This prohibition includes combining, blending, augmenting, or integrating Analytics Data with data from any other source to create new datasets, models, or products. For the avoidance of doubt, "personal analysis" as permitted in Section 7.8 means reviewing and interpreting Analytics Data for your own decision-making; it does not include using exported data as an input, training set, feature source, or validation benchmark for any model, algorithm, or analytical product.

7.2 No Model Distillation

You may not use Analytics Data, API outputs, or Content to train, fine-tune, calibrate, validate, distill, or otherwise develop or improve machine learning models, artificial intelligence systems, neural networks, large language models, statistical models, or predictive algorithms. This prohibition applies regardless of the method or technique used, including but not limited to: supervised, unsupervised, semi-supervised, and reinforcement learning; transfer learning and domain adaptation; knowledge distillation and model compression; few-shot, zero-shot, and in-context learning; retrieval-augmented generation (RAG); low-rank adaptation (LoRA) and parameter-efficient fine-tuning; synthetic data generation seeded by our data; prompt engineering using our data as context or exemplars; feature extraction and embedding generation; and any other current or future machine learning technique.

7.3 No Reverse Engineering

You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, model architectures, feature engineering processes, training methodologies, calibration techniques, or any other proprietary methods underlying the Services. You may not analyze API outputs to infer model behavior, feature importance, or decision boundaries.

7.4 No Redistribution

You may not redistribute, resell, sublicense, republish, syndicate, or make available the Analytics Data, API outputs, or Content to third parties, whether for commercial or non-commercial purposes. This includes sharing API Keys, creating proxy services, or providing data feeds derived from the Services. You may not create any service, application, or interface that provides third parties with access to Analytics Data on demand, whether through server-side API calls, real-time data pass-through, or any other mechanism that effectively functions as redistribution. This section does not prohibit limited citation of individual statistics in academic publications or peer-reviewed research, provided that: (a) the citation includes attribution to Perennial Metrics; (b) the volume of data cited is de minimis relative to the full dataset; and (c) the publication does not include raw data exports or sufficient data to reconstruct any portion of the Analytics Data.

7.5 No Competitive Use

You may not use the Services, Analytics Data, or Content to build, improve, validate, benchmark, or operate a product or service that provides NHL player or team analytics, NHL statistical models, or NHL data API services that are substantially similar to or competitive with the Services. For clarity, independent editorial reviews, academic research, and journalistic analysis citing Perennial Metrics data with attribution are permitted.

7.6 No Systematic Collection

You may not systematically download, store, cache, or archive Analytics Data beyond what is reasonably necessary for your authorized use. Bulk downloading of data for the purpose of creating local databases or offline copies is prohibited.

7.7 No Removal of Attribution

You may not remove, alter, or obscure any copyright notices, trademarks, watermarks, attribution text, or other proprietary notices included in or on the Services, Content, or Analytics Data.

7.8 Permitted Uses

For clarity, the following uses are permitted:

• Viewing and interacting with Analytics Data on the Perennial Metrics website (Free and Pro)
• Using API responses to display data within your own application, provided you maintain attribution (Pro only)
• Embedding charts on your website using the embed feature, with attribution maintained (Pro only)
• Exporting data for personal analysis or internal business reporting (Pro only)
• Citing specific statistics in editorial content, articles, or social media posts with attribution to Perennial Metrics

7.9 Audit Rights

Data Flow, LLC reserves the right, upon reasonable notice, to audit your use of the Services and Analytics Data to verify compliance with these Terms. For API users, this includes review of API usage logs, caching practices, and downstream use of API outputs. You agree to cooperate with any such audit.

8. API Terms of Use

8.1. API access requires a Pro subscription and a valid API Key. API Keys are personal and non-transferable.

8.2. API usage is subject to rate limits. Exceeding rate limits will result in temporary throttling (HTTP 429). Persistent abuse will result in API Key revocation.

8.3. You must implement reasonable caching on your end. Repeatedly requesting the same data without caching is considered abusive usage.

8.4. You must not use the API in any way that could damage, disable, or impair the Services or interfere with other users' access.

8.5. We reserve the right to modify, deprecate, or remove API endpoints with 30 days' notice. Breaking changes will be communicated via email and API response headers.

8.6. API responses must not be stored in their entirety for purposes of creating a competing database. Transient caching for display purposes is permitted.

8.7. All API usage is logged and monitored. Anomalous patterns may trigger automatic review and potential suspension pending investigation.

8.8. No SLA. The API is provided without any service level agreement, uptime guarantee, or performance commitment. We aim for high availability but make no guarantees.

9. Embeddable Content

9.1. Pro subscribers may embed Perennial Metrics charts and visualizations on external websites using the provided embed functionality.

9.2. Embedded content must retain all Perennial Metrics branding and attribution. You may not modify the appearance of embedded content to remove or obscure attribution.

9.3. Embedded content is served from our infrastructure. We reserve the right to modify the appearance, functionality, or availability of embedded content at any time.

9.4. Embedding is permitted on websites that do not compete with the Services and do not violate these Terms or applicable law.

10. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to the Services, other accounts, or connected systems
• Interfere with or disrupt the Services or servers
• Impersonate any person or entity
• Use the Services for any illegal gambling, match-fixing, or manipulation purpose
• Circumvent or attempt to circumvent any access controls, rate limits, or usage restrictions
• Use the Services to harass, threaten, or harm any individual, including NHL players, staff, or officials

11. Anti-Scraping and Automated Access

11.1. You may not use bots, crawlers, scrapers, spiders, or any automated means to access, download, or collect data from the website. Automated access is only permitted through the authenticated API with a valid Pro subscription.

11.2. You may not circumvent any technical measures we employ to prevent unauthorized automated access, including but not limited to CAPTCHAs, rate limiting, IP blocking, and browser fingerprinting.

11.3. We reserve the right to block any IP address, user agent, or access pattern that we reasonably believe constitutes unauthorized automated access.

11.4. This section does not apply to search engine crawlers that comply with our robots.txt file.

12. Disclaimers

12.1. No Guarantees of Accuracy. The Analytics Data, predictions, projections, and other Content are provided for informational and entertainment purposes. We make no guarantees regarding the accuracy, completeness, reliability, or timeliness of any Analytics Data.

12.2. Not Financial or Betting Advice. Nothing in the Services constitutes financial advice, investment advice, or betting advice. You use the Services at your own risk and should not rely solely on our Analytics Data for financial decisions or wagering.

12.3. AS-IS Basis.THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12.4. Service Availability. We do not guarantee uninterrupted, secure, or error-free operation of the Services. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications.

12.5. Sports Betting Disclaimer. The Services are not a sportsbook, betting platform, or gambling service. Analytics Data is provided for informational and entertainment purposes only and should not be construed as betting advice, tips, or predictions of game outcomes. Users are solely responsible for compliance with all applicable federal, state, and local laws regarding sports betting in their jurisdiction. Data Flow, LLC makes no representations regarding the legality of sports betting in any jurisdiction and assumes no liability for any losses incurred through betting activities. If you or someone you know has a gambling problem, contact the National Council on Problem Gambling at 1-800-522-4700.

12.6. Third-Party Services. The Services rely on third-party infrastructure and service providers including Stripe, Amazon Web Services, Snowflake, Anthropic, and our authentication provider. We are not liable for outages, data loss, or performance issues caused by third-party providers.

12.7. Beta and Experimental Features.Certain features or models may be designated as "Beta" or "Experimental." Such features are provided as-is without any warranty and may be modified, degraded, or discontinued without notice. Beta features should not be relied upon for critical decisions.

13. Limitation of Liability

13.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATA FLOW, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

13.2. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

13.3. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to indemnify, defend, and hold harmless Data Flow, LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any law or regulation; or (d) your violation of any third-party rights.

15. DMCA and Copyright

If you believe that Content on the Services infringes your copyright, please send a DMCA takedown notice to contact@perennialmetrics.com with the following information:

• Identification of the copyrighted work claimed to be infringed
• Identification of the material claimed to be infringing and its location on the Services
• Your contact information (name, address, telephone number, email)
• A statement that you have a good faith belief that the use is not authorized
• A statement, under penalty of perjury, that the information in the notice is accurate
• Your physical or electronic signature

16. Termination

16.1. By You. You may terminate your account at any time by cancelling your subscription (if applicable) and contacting us to request account deletion.

16.2. By Us. We may suspend or terminate your account immediately, without notice, if we reasonably believe you have violated these Terms, including any Data Protection restrictions in Section 7. We may also terminate accounts for prolonged inactivity (12+ months with no login).

16.3. Effect of Termination. Upon termination: (a) your license to use the Services immediately ceases; (b) your API Key is revoked; (c) embedded charts will cease to function; (d) you must cease all use of Analytics Data obtained through the Services and delete any systematically collected or bulk-downloaded data; upon our request, you shall certify in writing within ten (10) business days that all such data has been destroyed; (e) Sections 6, 7, 11, 12, 13, 14, 17, and 18 survive termination.

17. Dispute Resolution

17.1. Informal Resolution. Before filing any formal dispute, you agree to contact us at contact@perennialmetrics.com and attempt to resolve the dispute informally for at least 30 days.

17.2. Binding Arbitration.Any dispute that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Delaware. The arbitrator's decision shall be final and binding. For claims of $10,000 or less, Data Flow, LLC will reimburse your AAA filing fee and pay the arbitrator's fee. For claims exceeding $10,000, fees shall be allocated according to AAA rules.

17.3. Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

17.4. Small Claims Exception. Either party may bring qualifying claims in small claims court as an alternative to arbitration.

17.5. Injunctive Relief. Notwithstanding the above, Data Flow, LLC may seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened violations of intellectual property rights or data protection provisions (Sections 6 and 7).

17.6. Opt-Out. You may opt out of the arbitration agreement in Section 17.2 by sending written notice to contact@perennialmetrics.com within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you opt out of arbitration. If you opt out, you may pursue claims in court subject to Section 18.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware.

19. Changes to Terms

19.1. We may modify these Terms at any time. For material changes, we will provide at least 30 days' notice via email (if you have an account) and by posting a notice on the Site.

19.2. Your continued use of the Services after the effective date of revised Terms constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Services and close your account.

19.3. Non-material changes (such as corrections of typographical errors or clarifications) may take effect immediately upon posting.

20. General Provisions

20.1. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Data Flow, LLC regarding the Services and supersede all prior agreements.

20.2. Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

20.3. Waiver. The failure of Data Flow, LLC to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

20.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

20.5. Force Majeure. We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, acts of government, internet disruptions, or third-party service outages.

20.6. No Agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Data Flow, LLC.

20.7. Headings. Section headings are for convenience only and have no legal effect.

20.8. Electronic Communications. By creating an account or providing your email address, you consent to receive electronic communications from us, including transactional emails, renewal reminders, security alerts, and service notifications. Such electronic communications satisfy any legal requirement for written notice. Marketing emails require separate opt-in and include an unsubscribe mechanism.

20.9. Export Controls. The Services are controlled and operated from the United States. You may not use the Services if you are located in, or a national or resident of, any country subject to United States trade sanctions, or if you are listed on the Specially Designated Nationals (SDN) list maintained by the Office of Foreign Assets Control (OFAC). You agree to comply with all applicable United States export control laws and regulations.

21. NHL Trademark Disclaimer

Perennial Metrics is not affiliated with, endorsed by, sponsored by, or connected to the National Hockey League ("NHL"), the NHL Players' Association ("NHLPA"), or any NHL team. NHL, the NHL Shield, the word mark and image of the Stanley Cup, and NHL team names, logos, and marks are trademarks of the NHL and its teams. NHL team names and logos are used solely for purposes of identification and commentary, which constitutes nominative fair use. Player names, statistics, and likenesses are used for informational and analytical purposes in accordance with established First Amendment principles and federal court precedent recognizing the public's right to use and discuss publicly available sports information.

All analytics model implementations, derived statistics, and analytical outputs presented through the Services are independently developed by Data Flow, LLC using publicly available data. They are not endorsed by or affiliated with any NHL team or the NHL. Certain statistical concepts used by the Services (such as expected goals and goals above replacement) are widely used across the hockey analytics community; our ownership claims relate to our specific implementations, not to these general concepts.

22. Contact

For questions about these Terms, please contact:

Data Flow, LLC dba Cogs and Roses
Operating as Perennial Metrics
Email: contact@perennialmetrics.com