Draft for legal review. This document is a starting
point and has not been reviewed by a lawyer. Have it checked against
current Indian law (Indian Contract Act 1872, Consumer Protection Act
2019, IT Act 2000 and IT Rules, DPDP Act 2023, and applicable state
gaming laws) and any laws of the countries you sell into before you
publish it.
These Terms of Service ("Terms") govern your access to
and use of the Poker Night application, website at
poker-study.com, and related services
(together, the "Service"). The Service is operated by
Harshit Mittal, a
sole proprietorship
registered in India with its principal place of business at
28 Tarun Enclave, Pitampura, New Delhi, Delhi 110034, India
("we", "us", "our").
By creating an account, or by using the Service, you agree to these
Terms and to our
Privacy Policy and
Refund & Cancellation Policy. If you do
not agree, do not use the Service.
1. What Poker Night is — and is not
Poker Night is a record-keeping and study tool for
informal, in-person card games. It lets you track buy-ins, cash-outs,
chip counts, tournament clocks, settlements between players, and personal
notes, and it provides poker-study utilities (range charts, an equity
calculator, quizzes, and similar).
Poker Night does not:
- host, operate, or facilitate any game of poker or other card game;
- accept, hold, transfer, escrow, or process any stake, wager, pot,
entry fee, or winnings;
- match players, run real-money games, or take any rake, commission,
or cut of any game;
- provide gambling services of any kind.
Any money referenced in the Service is a figure you type in for
your own bookkeeping. All settlement of money between players happens
entirely outside the Service, directly between those people.
2. Eligibility
- You must be at least 18 years old and competent to
enter into a contract under the Indian Contract Act, 1872 (or the age
of majority in your jurisdiction, if higher).
- You must not be barred from using the Service under the laws of India
or your place of residence.
-
You are solely responsible for ensuring that the card games
you play, and your record-keeping about them, are lawful where you
are. Gaming laws differ by state in India and by country.
Some jurisdictions restrict or prohibit playing poker for stakes. We
take no position on the legality of your games and provide the Service
only as a neutral tool.
3. Accounts
- You can use much of the Service with no account, in
which case your data stays only on your device.
- Creating an account enables cloud sync and paid features. You must
provide an accurate email address and keep your account details
current.
- An account is for one individual. Do not share
credentials. You are responsible for all activity under your account.
- Tell us promptly at
support@poker-study.com if you believe your
account has been compromised.
- We may offer "guest" or anonymous access for joining a shared game.
Guest sessions are temporary and may be deleted without notice unless
linked to a full account.
4. Acceptable use
You agree not to:
- use the Service to operate, promote, advertise, or administer any
unlawful gambling or betting operation;
- use the Service for any unlawful, fraudulent, or deceptive purpose,
including money laundering or tax evasion;
- upload content that is illegal, defamatory, obscene, or infringes
another person's rights;
- attempt to gain unauthorised access to the Service, other accounts,
or our systems; probe or scan for vulnerabilities except under a
program we authorise in writing;
- reverse engineer, decompile, or disassemble the Service except to
the extent this restriction is prohibited by law;
- scrape, harvest, or bulk-export data through automated means beyond
the export tools we provide;
- resell, sublicense, or commercially exploit the Service without our
written permission;
- interfere with or place an unreasonable load on the Service, or
circumvent usage limits, rate limits, or paid-feature gating;
- misuse the AI features (see section 8), including attempts to extract
system prompts, generate abusive content, or drive cost through
automated or repeated requests.
We may suspend or terminate access for conduct that breaches these Terms
or that we reasonably believe is harmful to the Service, other users, or
us.
5. Your content and other people's data
-
You own the data you create — your games, results,
notes, custom ranges, and structures ("Your Content").
-
You grant us a limited, worldwide, non-exclusive, royalty-free licence
to host, store, copy, transmit, back up, and display Your Content
solely to operate and provide the Service to you (for
example, to sync it between your devices and, where you choose, to
share a result with people you send a link or code to). This licence
ends when you delete the content or your account, subject to routine
backup retention described in the Privacy Policy.
-
Third-party information. If you enter names, notes,
contact details, or game results about other people (for example, the
friends in your home game), you confirm that you are entitled to do so
and that you will tell those people, on request, that their
information is stored in Poker Night and how they can ask for it to be
corrected or removed. You are the controller of that information as
between you and them; we process it on your behalf.
-
We do not claim ownership of Your Content and do not use it to train
machine-learning models. Aggregated, de-identified statistics that
cannot reasonably be linked to you or any individual may be used to
improve the Service.
6. Free and paid plans
- The Service offers a Free plan and a paid
Pro plan. Current features and limits for each are
described in the app and on
poker-study.com — Account → Upgrade to Pro.
- We may change the features, limits, or composition of either plan.
If a change materially reduces a paid feature you are actively using,
we will give reasonable prior notice and, where required, a pro-rated
refund option.
- Free-plan limits (for example, on the number of games kept in sync)
are enforced by the Service. Data beyond a Free limit is not deleted —
it remains on your device and can be exported at any time.
7. Subscriptions, billing, and taxes
-
Price. The Pro subscription costs the amount shown at
checkout, in the currency shown, per billing period (monthly or
annual, as selected). Prices are inclusive of applicable Indian taxes
unless stated otherwise; for customers outside India, taxes may be
added at checkout.
-
Payment processor. Payments are collected by
Dodo Payments (and any additional
processor we add and disclose). We do not receive or store your full
card or bank details. Your use of the payment processor is subject to
its own terms.
-
Auto-renewal. Subscriptions renew automatically at
the end of each billing period at the then-current price, using your
saved payment method, until you cancel. By subscribing you authorise
these recurring charges.
-
Cancellation. You can cancel at any time from your
account settings or by emailing
support@poker-study.com. Cancellation stops
future renewals; it does not, by itself, trigger a refund for the
current period. Pro features remain available until the end of the
period you have paid for.
-
Failed payments. If a renewal payment fails, we may
retry it and may downgrade your account to Free after a short grace
period.
-
Price changes. We will give you at least
14 days
notice before a price increase takes effect on your subscription. If
you do not accept the new price, you may cancel before it applies.
-
Refunds. Refunds are governed by our
Refund & Cancellation Policy.
8. AI features
-
Certain paid features send information you choose to submit (such as a
hand history you paste or select) to a third-party AI provider
(Anthropic) to generate feedback. This is described
in the Privacy Policy.
-
AI output is generated automatically, may be inaccurate or
incomplete, and is for educational and entertainment purposes only.
It is not professional, financial, legal, or gambling advice. Do not
rely on it to make betting decisions.
-
Do not submit other people's personal information, confidential
information, or anything you are not entitled to share into AI
features.
-
AI usage may be metered and subject to fair-use limits and a monthly
allowance. We may suspend AI features for an account that exceeds
reasonable use or appears automated.
9. Availability, changes, and your backups
-
The Service is provided on an "as is" and
"as available" basis. We do not guarantee that it
will be uninterrupted, error-free, or that data will never be lost or
corrupted.
-
Cloud sync is a convenience, not a guaranteed archive.
You are responsible for keeping your own backups
using the export feature. We are not liable for lost data beyond what
the law requires.
-
We may modify, suspend, or discontinue any part of the Service. If we
discontinue the Service entirely, we will give reasonable notice and a
window to export your data.
10. Our intellectual property
The Service, including its software, design, text, graphics, and the
"Poker Night" name and logo, is owned by us or our licensors and is
protected by intellectual-property laws. We grant you a personal,
non-transferable, non-exclusive, revocable licence to use the Service in
accordance with these Terms. No other rights are granted.
11. Disclaimers
To the fullest extent permitted by law, we disclaim all warranties,
express or implied, including fitness for a particular purpose,
merchantability, accuracy, and non-infringement. We do not warrant that
settlement figures, equity calculations, ICM outputs, tournament clocks,
or any other computed result are accurate, and you should verify
anything that matters to you. Nothing in these Terms excludes liability
that cannot be excluded under applicable law, including under the
Consumer Protection Act, 2019.
12. Limitation of liability
To the fullest extent permitted by law, we will not be liable for any
indirect, incidental, special, consequential, or punitive damages, or
for any loss of profits, revenue, goodwill, or data, arising out of or
related to your use of the Service.
Our total aggregate liability arising out of or related to the Service
in any twelve-month period will not exceed the greater of (a) the total
amount you paid us for the Service in that period, or (b)
INR 500.
13. Indemnity
You agree to indemnify and hold us harmless from claims, losses, and
expenses (including reasonable legal fees) arising from your breach of
these Terms, your misuse of the Service, your content, or your violation
of any law or third-party right — including any claim by a person whose
information you entered into the Service.
14. Suspension and termination
- You may stop using the Service and delete your account at any time
from account settings.
- We may suspend or terminate your access, with notice where
practicable, if you materially breach these Terms, if required by law,
or to protect the Service or other users.
- On termination, your right to use the Service ends. We will make
your data available for export for a reasonable period (at least
30 days)
before deletion, except where we must retain records by law (for
example, tax invoices).
15. Governing law and disputes
These Terms are governed by the laws of India. Subject to any
non-waivable right you have to bring proceedings in your home
jurisdiction as a consumer, the courts at
New Delhi, Delhi will have exclusive
jurisdiction, and you and we submit to that jurisdiction.
Optional: add a good-faith negotiation step and an arbitration clause
(Arbitration and Conciliation Act, 1996; seat at
New Delhi; sole arbitrator; language
English) if your lawyer recommends it.
16. Changes to these Terms
We may update these Terms. If a change is material, we will notify you
by email or an in-app notice before it takes effect. Continued use after
the effective date means you accept the updated Terms. If you do not
accept them, stop using the Service and cancel any subscription.
17. General
- These Terms, together with the Privacy Policy and the Refund &
Cancellation Policy, are the entire agreement between you and us about
the Service.
- If any provision is held unenforceable, the rest remains in effect.
- Our failure to enforce a provision is not a waiver of it.
- You may not assign these Terms; we may assign them to a successor in
connection with a merger, acquisition, or sale of assets.
- We are not liable for failure or delay caused by events beyond our
reasonable control.
Harshit Mittal
28 Tarun Enclave, Pitampura, New Delhi, Delhi 110034, India
Email: support@poker-study.com
Not GST registered (below the mandatory threshold)