Setgraph LLC ("Setgraph", "we", "us" or "our") is the owner and publisher of Casino Analytics. Setgraph does not provide gambling, financial, investment, legal, or tax advice. You gamble at your own risk and are solely responsible for complying with all laws that apply to you, including gambling, tax, and self-exclusion laws.
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the Casino Analytics mobile application, related websites, and services (collectively, the "Services"). Please read these Terms and Conditions carefully before using any of our Services.
You agree to comply with these Terms and any supplemental terms which Setgraph makes available to you on the Services, which shall form part of the Terms. BY ACCESSING, INSTALLING, OR USING THE SERVICES, BY UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY STARTING A PRO SUBSCRIPTION, TAPPING "AGREE", OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
You represent that you are at least 18 years old, or the legal age of majority and the legal minimum age for gambling in your jurisdiction, whichever is higher, and that you are not barred from gambling under any voluntary self-exclusion program, court order, or applicable law.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term "you" will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services.
Setgraph may amend the Terms related to the Services from time to time. Amendments will be effective upon Setgraph's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
You own the information, data, text, notes, hand histories, session logs, bankroll entries, backups, and other materials you make available in connection with the Services ("Content"). Casino Analytics is local-first and Your Content is stored on your device. To the limited extent you voluntarily transmit Content to us — for example, by attaching a backup file or screenshot to a support email — you grant Setgraph a non-exclusive, worldwide, royalty-free license to use that Content solely to provide you support and to operate the Services. This license ends when you delete the Content from the channel through which you transmitted it, unless retaining it is required by law.
Pro Subscription is a service that unlocks various features of Casino Analytics. A Pro Subscription is available on a monthly or yearly basis. Payment will be charged to your Apple ID account at the confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage your subscription and turn off auto-renewal by going to your Account Settings on the App Store after purchase. No refund is provided for the unused portion of any subscription period. Subscriptions cannot be shared using Family Sharing.
Pro features, pricing, and availability may change in Setgraph's sole discretion. If we change the price of your Pro Subscription, we will give you notice through the App or the applicable platform before the change takes effect, and you may cancel before the new price applies. The features unlocked by a Pro Subscription are provided "as is" and are subject to the Disclaimer of Warranties and Liability below.
The Service is protected by copyright. The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Setgraph LLC.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY. SETGRAPH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SETGRAPH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS, REPORTS, HOURLY RATES, NET FIGURES, OR OTHER CALCULATIONS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES, INCLUDING DATA LOSS OR INABILITY TO RESTORE A BACKUP, WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT SETGRAPH IS NOT PROVIDING GAMBLING, FINANCIAL, INVESTMENT, LEGAL, OR TAX ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, STATISTICS, REPORTS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER USERS OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF A LICENSED PROFESSIONAL. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A PROFESSIONAL-CLIENT RELATIONSHIP BETWEEN YOU AND SETGRAPH. IF GAMBLING IS NO LONGER FUN, HELP IS AVAILABLE — IN THE UNITED STATES, CALL OR TEXT 1-800-GAMBLER OR VISIT NCPGAMBLING.ORG.
YOU EXPRESSLY AGREE THAT GAMBLING ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS, INCLUDING THE RISK OF FINANCIAL LOSS, AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF SETGRAPH OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU EXPRESSLY AGREE TO RELEASE SETGRAPH, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR GAMBLING ACTIVITIES AND/OR USE OF CASINO ANALYTICS, THE SETGRAPH WEBSITES, CONTENT, SERVICES OR PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR RELIANCE ON ANY REPORT, HOURLY RATE, BANKROLL BALANCE, OR OTHER FIGURE DISPLAYED BY THE SERVICES, (c) LOSS, CORRUPTION, OR FAILURE TO RESTORE ANY BACKUP FILE, (d) YOUR DEALINGS WITH ANY CASINO, CARD ROOM, SPORTSBOOK, OR OTHER THIRD PARTY, (e) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (f) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SETGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."