1. Who we are and what PokerBook is
PokerBook is an app made by Kestrel Technologies LLC, a Pennsylvania limited liability company (“Kestrel”, “we”, “us”). It is a bookkeeping tool for private home poker games: hosts and players record buy-ins, rebuys, cash-outs and costs, reconcile the chips at the end of a night, keep running balances and statistics, and see a suggested way to settle up.
By ticking “I agree” in the app, or by using PokerBook, you accept these Terms of Use and our Privacy Policy. If you don’t agree, please don’t use PokerBook.
2. PokerBook never handles money
PokerBook does not accept, hold, move or pay out money. It is not a wallet, bank, escrow, payment service or gambling operator, it never takes a share of a pot, and it offers no way to wager or to win money or prizes inside the app. Every figure in PokerBook is a record that people type in. Any payment between players, hosts or staff happens outside PokerBook and is entirely between them.
3. Who can use PokerBook
PokerBook is a bookkeeping tool, not a gambling service, and anyone aged 13 or older can use it. If you are under the age of majority where you live, you may use PokerBook only with the permission of a parent or guardian, who agrees to these terms for you. You are responsible for making sure that any game you organize, play in or record is lawful where it takes place. PokerBook does not decide whether a game is allowed.
4. Your account
You sign in with Apple or Google; PokerBook does not create or keep passwords. Keep your sign-in secure, and tell us if you think someone else has used your account. Don’t impersonate anyone, open accounts for other people without their permission, or try to reach a club or records you haven’t been given access to.
5. Clubs, hosts and your records
Each club has one owner, who has the final say on its plan, its co-hosts and whether it continues, and may hand ownership to an accepted co-host. Co-hosts help run the club within the limits the app shows. In a Friendly club the books are open to every member; in a Club-plan club the owner and co-hosts keep the books and each player sees their own figures.
Hosts can add people who don’t have an account yet, such as walk-in players, dealers and waitstaff, by name. If you add someone, make sure they are happy to be recorded.
Whoever enters a figure is responsible for it. PokerBook checks the arithmetic of what has been recorded, but it cannot see the real cash, chips or agreements at your table. A suggested settlement is a calculation, not a statement of what anyone legally owes. Don’t rely on PokerBook as your only financial, tax or legal record.
6. Using PokerBook fairly
Don’t use PokerBook to run an unlawful gambling business, to collect a house cut or fee where that is unlawful, or to record anything you know to be false about another person. Don’t harass anyone, put offensive or unlawful words in names or notes, copy or scrape the service, try to get around its security, reverse engineer it except where the law allows, or interfere with how it runs for others.
7. Subscriptions
Starting new games requires an active subscription that covers the club’s plan: Friendly or Club, as described in the app. A Club-plan club requires Club coverage. If coverage expires, games already under way can still be finished and balances settled, but new games cannot be started. Existing records remain subject to the retention periods in our Privacy Policy. After an ownership transfer, the former owner’s eligible subscription can continue covering the club while that subscription remains active.
Subscriptions are bought through the Apple App Store or Google Play, and the price and terms shown there at the time of purchase apply. They renew automatically unless you cancel through the store before renewal. Payment is taken by the store. If a free trial is offered, it becomes a paid subscription unless canceled within the store’s cancellation deadline. Apple advises canceling a trial at least 24 hours before it ends. You can manage or cancel a subscription in your Apple or Google Play account settings. Cancellation stops future renewal; access ordinarily continues for the period already paid for, subject to the store’s terms. Deleting the app or your PokerBook account does not cancel a subscription.
8. Refunds
Payments for subscriptions are made to Apple or Google, so refunds follow their rules:
- Apple App Store: only Apple can issue refunds. Request one at reportaproblem.apple.com or through Apple Support.
- Google Play: you can request a refund through Google Play, generally within 48 hours of purchase. After that, email us and we will review the request, and where we agree we can issue the refund through Google Play.
Except where the law or the store’s policy requires otherwise, payments for periods that have already started are not refundable, and we don’t give refunds or credit for partly used periods. Nothing in these terms limits any refund right you have under the law of where you live.
9. Deleting your account
You can delete your account at any time in Settings → Delete account, or as described on our account deletion page. If you own a club, you must transfer it or close it as part of the process described on the account deletion page. Entries you were part of stay in other members’ books, shown as “Former member”, so their records still balance. Deleting your account does not settle anything you owe or are owed.
10. Suspension and ending these terms
We may suspend or close an account, or remove content, if it breaks these terms, puts other users or the service at risk, or if the law requires it. Where it is reasonable, we will tell you why. You may stop using PokerBook at any time.
11. What belongs to whom
PokerBook, its design, software and name belong to Kestrel. We give you a personal, non-exclusive, non-transferable, revocable licence to use the app for its intended purpose, under these terms and the rules of the store you downloaded it from. What you enter stays yours. You give us permission to store, process and show it to the members of your club as needed to run PokerBook.
12. Other companies’ services
PokerBook relies on services from Apple, Google, RevenueCat and Expo for sign-in, purchases, data hosting and notifications. Their own terms also apply to those services, and we are not responsible for them.
13. Disclaimers
PokerBook is provided “as is” and “as available”. To the fullest extent the law allows, we make no warranties, express or implied, including that it will be uninterrupted, error-free or fit for a particular purpose. PokerBook is not financial, tax or legal advice, and we are not a party to any agreement, debt or dispute between the people in your game.
14. Limitation of liability
To the fullest extent the law allows, Kestrel will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost money, winnings, profits or data, arising from your use of PokerBook or from a game, payment or dispute between users. Our total liability for any claim relating to PokerBook is limited to the amount you paid for PokerBook in the 12 months before the claim, or US$50 if you paid nothing. Some places do not allow these limits, so they may not apply to you in full.
15. Indemnity
If someone brings a claim against Kestrel because of a game you organized or played, the records you entered, or your breach of these terms or the law, you agree to cover the reasonable costs that result, to the extent the law allows.
16. Governing law
These terms are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflict-of-law rules. Any dispute will be heard by the state or federal courts located in Pennsylvania, unless the law where you live gives you the right to bring it there.
17. Changes to these terms
We may update these terms as PokerBook changes. The date at the top shows the current version. When we make a material change, the app will show you the new terms and ask you to agree before you carry on, and we may also tell you in other ways. If you don’t agree to an update, you can stop using PokerBook and delete your account.
18. Apple App Store terms
If you downloaded PokerBook from the Apple App Store, you and we also agree that:
- these terms are between you and Kestrel only, not Apple, and Kestrel alone is responsible for PokerBook and its content;
- your licence is limited to using PokerBook on Apple devices you own or control, as allowed by the App Store’s Usage Rules;
- Apple has no obligation to provide maintenance or support for PokerBook;
- if PokerBook fails to meet an applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the extent the law allows, Apple has no other warranty obligation for PokerBook;
- Kestrel, not Apple, is responsible for handling any claims about PokerBook, including product liability claims, claims that it fails to meet legal or regulatory requirements, and consumer protection or privacy claims;
- Kestrel, not Apple, is responsible for investigating, defending, settling and discharging any claim that PokerBook infringes someone else’s intellectual property;
- you confirm that you are not located in a country subject to a U.S. Government embargo or designated as supporting terrorism, and that you are not on any U.S. Government list of prohibited or restricted parties;
- you will comply with any third-party terms that apply when using PokerBook; and
- Apple and its subsidiaries are third-party beneficiaries of these terms and, once you accept them, Apple has the right to enforce them against you.
If you downloaded PokerBook from Google Play, the Google Play Terms of Service also apply to your purchase and download.
19. Contact
Questions about these terms, or a refund request on Google Play after 48 hours, can be sent to support@kestreltechnologies.xyz. Kestrel Technologies LLC, Pennsylvania, USA.