Terms of Service — Scope.fish
DRAFT for legal review. Last updated: [DATE]. Effective: [DATE].
Placeholders in [BRACKETS] to be filled once the entity is formed.
These Terms of Service ("Terms") govern your access to and use of the website at scope.fish and all related tools, data products, and services (collectively, the "Service"), operated by [ENTITY NAME], a California limited liability company ("Scope.fish," "we," "us," or "our"). By creating an account, purchasing a product, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and legally able to enter into a contract. You may not use the Service where prohibited by applicable law. By using the Service you represent that you meet these requirements.
2. What the Service Is
Scope.fish provides historical poker data, player analytics, tournament replay tools, and downloadable research datasets derived from publicly observable game play on the CoinPoker platform. The Service is an independent analytics and research product. It is not affiliated with, endorsed by, sponsored by, or connected to CoinPoker or any poker operator.
We may modify, suspend, discontinue, add, or remove features, tools, data products, or access at any time. No feature, tool, limit, or price is guaranteed to remain available.
Dependence on a third-party platform. Our data is captured from the CoinPoker platform, which we do not own or control. CoinPoker may change its software, alter or restrict access, go offline, or otherwise interrupt our ability to capture data at any time and without notice. You acknowledge that (a) capture may be partially or fully interrupted by such events; (b) resulting gaps, reduced coverage, or delays are outside our control; and (c) a subscription or purchase is for the data we actually capture and publish — not a guarantee of any specific number of hands, tournaments, tables, formats, or of uninterrupted capture or 100% coverage. We will make commercially reasonable efforts to restore capture promptly when interruptions occur.
Coverage transparency. We measure and publish our capture coverage and any detected outages on our Coverage page, and we display coverage for the relevant dates before a hand-history purchase. By subscribing or purchasing, you acknowledge that you have access to this information and accept the coverage as published and displayed.
3. Accounts
- You are responsible for the accuracy of the information you provide and for all activity under your account.
- You are responsible for keeping your login credentials secure. Notify us promptly of any unauthorized use.
- One person may not maintain multiple free accounts to circumvent usage limits. We may suspend accounts used to evade limits, automate access, or abuse the Service.
- We may modify, reduce, expand, or discontinue free-tier usage limits, features, or pricing at any time without notice. Free-tier access is a courtesy, not an entitlement.
- Accounts may not be shared, sold, transferred, rented, or made available to others. Access is for the registered account holder only. A single subscription covers one account.
4. Acceptable Use
You agree not to:
- Resell, redistribute, sublicense, or publicly republish data or content obtained from the Service except as expressly permitted by the product you purchased;
- Scrape, crawl, harvest, or use automated means to access the Service or extract data beyond the access expressly provided;
- Reverse engineer, interfere with, overload, or attempt to gain unauthorized access to the Service or its infrastructure;
- Use the Service to harass, threaten, or harm any individual;
- Use the Service in violation of any applicable law or of the rules of any platform on which you play (see Section 5).
5. Intended Use; Your Responsibility on Other Platforms
The tools and data are provided for post-session study, research, and competitive analysis — the same category of use as established poker analytics tools. You are solely responsible for ensuring that your use complies with the terms and rules of any poker platform you play on. Many platforms prohibit real-time assistance ("RTA") or use of external data during live play. We do not authorize, encourage, or condone any use that violates a platform's rules, and any such use is at your own risk and responsibility.
6. Subscriptions, Billing, and Cancellation
- Paid plans (including the Pro tools subscription and hand-history subscriptions) are billed on a recurring basis through our payment processor (Stripe, and any additional processors we offer). By subscribing you authorize recurring charges until you cancel.
- You may cancel at any time. Your access continues through the end of the period you have already paid for, and your plan will not renew thereafter.
- Prices may change; we will give notice of changes that affect your renewal, and changes apply to future billing periods, not the current one.
- Refunds are governed by our Refund & Cancellation Policy, which is incorporated into these Terms.
7. Intellectual Property
The Service's software, design, interfaces, branding, and compilation of data are owned by Scope.fish and protected by law. Purchasing a data product grants you a limited, non-exclusive, non-transferable license to use the delivered data for your own analysis, subject to Section 4. No other rights are granted.
Intellectual property complaints. If you believe content available through the Service infringes your intellectual property rights, contact sales@scope.fish with enough information to identify the content and the basis of your claim, and we will investigate and respond appropriately.
8. Disclaimers
THE SERVICE AND ALL DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that data is accurate, complete, current, or error-free, or that the Service will be uninterrupted.
Data accuracy and completeness. While Scope.fish performs extensive integrity and completeness auditing, no dataset, statistic, or replay is guaranteed to be complete, accurate, error-free, or suitable for any particular purpose. You acknowledge that data may contain omissions, inaccuracies, delays, estimation, or processing errors, and you use it at your own risk.
Player statistics. Player statistics, profiles, and leaderboards displayed by the Service are generated algorithmically from observed game play and may contain inaccuracies, omissions, estimation errors, or incomplete coverage. They are not statements of fact about any individual. You should independently verify any conclusion you draw from them.
No gambling or financial advice. Information presented by the Service is for informational and analytical purposes only and is not gambling advice, financial advice, or a guarantee of past or future performance. We make no guarantee regarding poker results or any outcome from using the Service. You are responsible for gambling responsibly and lawfully in your jurisdiction.
9. Limitation of Liability
To the maximum extent permitted by law, Scope.fish and its members, officers, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from your use of the Service. Our total aggregate liability for any claim relating to the Service will not exceed the greater of (a) the amount you paid us in the twelve (12) months before the claim, or (b) two hundred fifty U.S. dollars ($250).
10. Indemnification
You agree to indemnify and hold harmless Scope.fish from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party right (including the rules of any platform on which you play).
11. Termination
We may suspend or terminate your access at any time for violation of these Terms or to protect the Service. You may stop using the Service at any time. Sections that by their nature should survive termination (including Sections 7–10) will survive.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. The exclusive venue for any dispute will be the state and federal courts located in [COUNTY], California, and you consent to their jurisdiction. [OPTIONAL: arbitration / class-action-waiver clause to be added on legal advice.]
13. Changes to These Terms
We may update these Terms from time to time. Material changes will be posted with an updated effective date, and your continued use after changes take effect constitutes acceptance.
14. Contact
Questions about these Terms: sales@scope.fish.