Terms of use

Draft - not yet in force; pending the owner's and legal review. This text was written from how Rail works and the plans decided for it (see docs/RAIL-PLAN.md, Phase 6), as a starting point for review. It is not legal advice. Everything in [square brackets] is for the owner to fill in or confirm.

Last updated: [date it comes into force]

1. Who we are and what this is

Rail (the website [OWNER: domain], the desktop app and the services behind them) is run by [OWNER: legal name of the person or company], [OWNER: address], [OWNER: OIB / company registration number] ("we"). These terms are the agreement between you and us when you use Rail. How we handle personal data is in the privacy policy.

2. What Rail does

Rail converts poker hand histories, replays and shares hands, keeps a library of your hands with statistics and analysis, teaches (Learn), hosts a forum, and - in the desktop app - imports hands as you play and shows a heads-up display (HUD) at poker rooms that allow it. Rail is a tool for studying your own play. Rail is not a poker room or a gambling service: you cannot play, bet or win money through it.

3. Who may use it

You must be at least 18 years old [OWNER: confirm] and allowed by the law that applies to you to use a tool like Rail. You are responsible for following the law where you play poker.

4. Your account

• One account per person. Keep your password to yourself; you are responsible for what happens under your account.
• Give a real email address you can read: it is how you sign in again and how we reach you about your account.
• The converter and the replayer work without an account.

5. Your content

• Your hands and data stay yours. You give us the right to store, process and display them only as needed to run Rail for you (and, for hands you share or publish, to show them to others as the feature says).
• Public content - forum posts and comments, published hands, polls, share links - you allow us to host and display worldwide for as long as it is on Rail. When you delete your account, posts others replied to stay without your words or your name so their replies still make sense (see the privacy policy, section 7).
• Upload only hand histories you are entitled to use, normally hands you played. Do not publish other people's private data. Rail hides opponents' names when you share and replaces them when you publish, by default; turning that off is your choice and your responsibility.
• Do not use Rail to collect, sell or share data about other players ("data mining"); poker rooms forbid it and so do we.

6. The desktop app and the HUD

• The HUD works only at poker rooms whose published rules allow third-party HUDs, and only within those rules (compliance mode, on by default and not switchable off). Rail never gives advice during play: while a table is open the app hides its analysis, solver and chart screens.
• Poker rooms' rules are theirs and change. We check them before every release, but you are responsible for following the terms of each room you play at. We are not responsible for what a room does to your account because of software you chose to run, except where the law says otherwise.
• The desktop app keeps your data on your computer; you are responsible for that computer and its backups.

7. Acceptable use

Do not: break the law with Rail; harass or threaten anyone; post spam, malware or content you have no right to post; try to read other accounts' data, get around limits, rate limits or plan restrictions, or attack, scrape or overload the service; resell Rail. We may remove content and limit, suspend or close accounts that break these rules, as described in the forum's rules and the takedown page (/takedown), and you can tell us if you think we got it wrong.

8. Plans and payment [applies once paid plans launch]

• Free includes the converter, the replayer, sharing and publishing, the forum, notes, basic statistics and a library of up to the number of hands shown on the Plan page ([currently 10 000]).
• Pro adds an unlimited library, desktop sync and the HUD, full reports, analysis (session review, leaks, your own charts, tournament ICM) and Learn. It is billed monthly or yearly, at the price shown at checkout, VAT included where it applies.
• Early users - accounts made before [OWNER: launch date] - get a [30 %] discount on Pro for as long as their subscription continues without a break [OWNER: confirm what "continues" means, e.g. a cancelled subscription loses it].
• Renewal and cancellation: a subscription renews automatically until you cancel it, which you can do at any time in Settings; it then stays active to the end of the period you paid for.
• Failed payments: if a renewal fails, Pro stays on for [7] days while the payment is retried; after that the account moves to Free. The desktop app keeps Pro features working offline for up to [14] days since it last checked the plan.
• Moving to Free never deletes hands: over the Free limit you keep reading everything you have, but cannot save more until you are under it or on Pro.
• Price changes take effect at your next renewal, and we will tell you at least [30] days before.

9. Your right to withdraw (EU consumers)

You may withdraw from a Pro subscription within 14 days of buying it, without giving a reason, by telling us at [OWNER: contact email] or with the [model withdrawal form - OWNER/legal: add as an annex].

Because Pro starts as soon as you pay, at checkout you ask us expressly to start it during the withdrawal period: before you pay, you tick a box asking for Pro to start immediately and acknowledging what that does to your right of withdrawal. We record that request, its time and the wording you saw with your account, and confirm it in the receipt for your payment. [legal: the checkbox says the right of withdrawal is lost once Pro has started (Art. 16(m) wording, digital content), while the next sentence keeps it with a proportional refund (Art. 14(3), services) - choose one treatment and align the checkbox, this section and the receipt text (R6.3 addendum, docs/BILLING.md).] If you then withdraw within the 14 days, we refund what you paid minus the part for the days you had Pro (Art. 14(3) of Directive 2011/83/EU) [legal: confirm the treatment of Pro as a service rather than digital content, and the Croatian Consumer Protection Act's wording]. Refunds go back to the payment method you used, within 14 days of your withdrawal.

Outside the withdrawal period we do not refund unused parts of a paid period, except where the law requires it or we end the service.

10. The service and changes to it

We work to keep Rail available and your data safe, but cannot promise it will always be available or free of errors. Statistics, analysis and charts are for study: they can be wrong and do not guarantee any result at the table. We may change, add or remove features; if we remove a paid feature during a period you paid for, we will offer a proportional refund.

11. Liability

Nothing in these terms limits liability that cannot be limited by law (including for intent, gross negligence, and injury), or your rights as a consumer. Otherwise, [legal: the limitation the owner wants and the law allows, e.g. limited to what you paid us in the last 12 months].

12. Ending the agreement

You can stop at any time and delete your account in Settings (see the privacy policy for what that deletes). We may end the agreement for a serious breach of these terms, or with [30] days' notice for any other reason, refunding any prepaid period not yet used.

13. Law and disputes

[OWNER/legal: governing law - e.g. the law of the Republic of Croatia - and the competent courts.] If you are a consumer in the EU, you also keep the protection of the mandatory rules of the country where you live and can bring proceedings there. [legal: out-of-court dispute resolution body, if any.]

14. Changes to these terms

We will announce changes on the site, and by email for changes that matter to you, at least [30] days before they take effect. If you do not agree, you can cancel and delete your account before then.

15. Contact

[OWNER: legal name], [OWNER: address], [OWNER: contact email].