Terms of Use

Agreement

These Terms of Use ("Terms") are an agreement between you and Kevin Wright, doing business as Wright-o-matic ("we", "us"), for the Poker Notes app for iPhone (the "App"). By downloading or using the App, you agree to these Terms. If you do not agree, do not use the App.

These Terms are between you and us only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.

License to Use the App

We grant you a limited, non-exclusive, non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. You may not copy, modify, distribute, sell, or lease the App, or reverse engineer it except where the law allows.

Free Use and Poker Notes Pro

Without Pro, you can create and import up to 15 player notes. Poker Notes Pro removes that limit. Pro is available as:

• a monthly auto-renewing subscription;
• a yearly auto-renewing subscription; or
• a one-time lifetime purchase that does not renew.

Prices are shown in the App and on the App Store in your local currency before you buy, and may vary by country or region.

Subscriptions

Payment is charged to your Apple Account when you confirm a purchase. A subscription renews automatically at the end of each period, at the then-current price, unless you cancel it at least 24 hours before the current period ends. Your Apple Account is charged for the renewal within 24 hours before the current period ends.

You can manage or cancel a subscription at any time in your Apple Account settings, or from Settings in the App. Cancelling stops the next renewal; Pro stays active until the end of the period you have already paid for.

If you buy the lifetime option while a subscription is active, the subscription is not cancelled automatically. Cancel it in your Apple Account settings so you are not charged again.

When Pro Ends

If your subscription ends or a purchase is refunded, your notes are not deleted. If you have 15 or fewer notes, you can keep using the App as before. If you have more than 15 notes, they become read-only: you can still view, seat, share, export, and delete them, but you cannot edit them or add new notes until you subscribe or buy Pro again, or delete notes until you have 15.

Restoring a Poker Notes backup restores all of its notes, even past 15. Without Pro, notes past 15 are read-only.

Refunds

All purchases are processed by Apple. We cannot issue refunds directly. To request a refund, contact Apple at reportaproblem.apple.com. Refunds are subject to Apple's policies.

Your Notes

The notes and photos you add to the App belong to you. They are stored on your device, and we do not receive them. You are responsible for keeping your own backups; deleting the App removes its data from your device. Our Privacy Policy explains how the App handles your information.

Using the App Responsibly

You are responsible for what you record in the App and for following the laws that apply to you, including laws about recording information about other people. You are also responsible for following the rules of any casino, cardroom, or game where you use the App, including rules about phones and electronic devices at the table.

Maintenance and Support

We are solely responsible for any maintenance and support of the App. Apple has no obligation to provide maintenance or support for the App. For help, contact us at kevinwrightomatic@gmail.com.

No Warranty

To the fullest extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the App will be error-free or uninterrupted, or that your data will never be lost.

If the App fails to conform to any warranty that cannot be excluded by law, you may notify Apple, and Apple will refund the purchase price of the App, if any, to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses caused by any failure to conform to a warranty are our responsibility.

Limitation of Liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or winnings, arising from your use of or inability to use the App. Our total liability for any claim relating to the App is limited to the amount you paid for the App and Poker Notes Pro in the 12 months before the claim. Some places do not allow these limits, so they may not apply to you.

Product Claims

We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to meet any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar laws.

Intellectual Property

If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.

Legal Compliance

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Terms

When using the App, you must comply with any applicable third-party terms, such as your wireless data service agreement.

Apple as Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

Changes to These Terms

We may update these Terms from time to time. If we make changes, we will update the effective date above. Continuing to use the App after an update means you accept the updated Terms.

Contact

Questions, complaints, or claims about the App can be sent to Kevin Wright, Wright-o-matic, at kevinwrightomatic@gmail.com.