Last updated: January 16, 2025
Welcome to Railbird. These Terms of Service ("Terms") govern your access to and use of the Railbird platform, website, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms of Service:
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Railbird, located in New South Wales, Australia.
Content refers to content such as text, images, hand histories, analysis, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Service refers to the Railbird poker hand analysis platform, accessible from https://www.railbird.gg
User Content means any Content that You upload, submit, or transmit to or through the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
By creating an Account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Service.
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through a prominent notice on our Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.
The Service is not intended for use in jurisdictions where online poker analysis tools or related services are prohibited by law. You are responsible for ensuring that your use of the Service complies with all applicable local, state, national, and international laws and regulations.
Railbird is a poker hand analysis platform that provides:
AI-powered analysis of poker hands using advanced algorithms and Game Theory Optimal (GTO) solver technology
Tools for uploading and storing hand histories from supported poker platforms
Visual replays of poker hands with decision point analysis
Interactive coaching features powered by artificial intelligence
Statistical insights and performance tracking across sessions
The ability to share hands and analysis publicly or privately
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, and without liability to you.
To access certain features of the Service, you must create an Account. We use Auth0 for authentication, which may allow you to register using third-party services such as Google or other supported providers.
When creating an Account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.
You agree to notify us immediately of any unauthorized access to or use of your Account. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.
You may not use another user's Account without permission, and you may not transfer or sell your Account to any other person or entity.
You may terminate your Account at any time by contacting us. We reserve the right to suspend or terminate your Account at any time, with or without cause, and with or without notice, including if we believe you have violated these Terms.
The Service allows you to upload hand histories, create notes, and generate analysis. You retain all ownership rights to the User Content you submit to the Service.
By uploading User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of operating and improving the Service.
You may choose to share certain hands, sessions, or analysis publicly through the Service. When you share content publicly, other users may view, analyze, and reference that content. You are solely responsible for any content you choose to share publicly.
You agree not to upload, post, or transmit any User Content that:
Violates any applicable law or regulation
Infringes any intellectual property rights of any third party
Contains viruses, malware, or other harmful code
Is fraudulent, false, misleading, or deceptive
Harasses, threatens, or abuses any person or entity
Contains personal information of others without their consent
We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, in our sole discretion.
The Service and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement) are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
Your computer or mobile device may temporarily store copies of such materials incidental to your accessing and viewing those materials
You may store files that are automatically cached by your web browser for display enhancement purposes
You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use
The Railbird name and logo are trademarks of the Company. You may not use these trademarks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
You agree not to use the Service:
In any way that violates any applicable federal, state, local, or international law or regulation
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
To use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service
To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
To attack the Service via a denial-of-service attack or a distributed denial-of-service attack
To use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service
Certain features of the Service require a paid subscription. Subscription plans and pricing are displayed on our website and may be changed at any time. We will provide you with advance notice of any price changes.
All payments are processed through Stripe, a third-party payment processor. By providing payment information, you authorize us to charge the applicable fees to your designated payment method.
You are responsible for providing accurate and complete payment information. If your payment method fails or your Account is past due, we may suspend or terminate your access to paid features of the Service.
Subscription fees are billed in advance on a recurring basis (monthly, annually, or as otherwise specified). Your subscription will automatically renew unless you cancel it before the renewal date.
You may cancel your subscription at any time through your Account settings. Upon cancellation, you will continue to have access to paid features until the end of your current billing period.
We do not provide refunds for partial subscription periods, except as required by law or as otherwise specified in our Refund Policy.
We may offer free trial periods for certain subscription plans. If you sign up for a free trial, your subscription will automatically convert to a paid subscription at the end of the trial period unless you cancel before the trial expires.
The Service is provided for educational and analytical purposes only. The analysis, recommendations, and insights provided by the Service are based on mathematical models and artificial intelligence, and should not be construed as professional gambling advice, financial advice, or a guarantee of results.
Poker involves risk, and the use of analysis tools does not guarantee winning outcomes. You are solely responsible for your decisions and actions when playing poker.
The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.
We do not warrant or make any representations regarding the accuracy, reliability, or completeness of the content or analysis provided through the Service. Any reliance you place on such information is strictly at your own risk.
The Service may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
We use third-party services including Auth0 for authentication and Stripe for payment processing. Your use of these services is subject to their respective terms and conditions.
To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Your access to or use of or inability to access or use the Service
Any conduct or content of any third party on the Service
Any content obtained from the Service
Unauthorized access, use, or alteration of your transmissions or content
Whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage
In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months prior to the event giving rise to the liability, or one hundred Australian dollars (AUD $100), whichever is greater.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
We may terminate or suspend your Account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If you wish to terminate your Account, you may do so by contacting us or through your Account settings.
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in New South Wales, Australia, and you irrevocably consent to personal jurisdiction and venue in such courts.
If you have any concerns or disputes about the Service, you agree to first try to resolve the dispute informally by contacting us. We will attempt to resolve the dispute through good faith negotiations.
If we are unable to resolve the dispute informally within sixty (60) days, either party may pursue legal remedies in accordance with the Governing Law and Jurisdiction section above.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.
We reserve the right to withdraw or amend the Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
We may update these Terms from time to time. If we make material changes, we will notify you by email and/or a prominent notice on our Service, prior to the change becoming effective, and update the "Last updated" date at the top of these Terms.
You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.
Your continued use of the Service after we post any modifications to these Terms will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and such provision shall be deemed modified to the minimum extent necessary to make such provision valid, legal, and enforceable.
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and the Company concerning the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Service.
If you have any questions about these Terms of Service, please contact us:
By email: admin@railbird.io
Through our website: https://www.railbird.gg