Poker Payout Terms of Service

Last Updated: March 7, 2025

1. INTRODUCTION

Welcome to Poker Payout, a platform designed to enhance home poker games through digital software and physical hardware solutions. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Raya Labs LLC ("Company," "we," "us," or "our"), the owner and operator of the Poker Payout platform, including the website located at pokerpayout.xyz and all associated services, features, content, and applications (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. ELIGIBILITY

2.1 Age Requirement

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 old.

2.2 Legal Compliance

You represent and warrant that your use of the Service does not violate any applicable laws, regulations, or rules in your jurisdiction, including but not limited to gambling laws. The Service is intended for personal, recreational, and non-commercial use in the context of home poker games where no house rake or profit is taken from the games.

2.3 Account Registration

Some features of the Service may require you to create an account. When you create an account, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account.

3. SERVICE DESCRIPTION

3.1 Basic Services

Poker Payout provides tools for calculating player positions, organizing repayments, tracking league statistics, and managing tournaments for home poker games. The basic features of the Service include a payout calculator accessible at pokerpayout.xyz.

3.2 Premium Services

We offer premium features through a subscription model, which may include enhanced league management tools, advanced reporting, and automated notifications. The specific features included in each subscription tier will be described on our website.

3.3 Additional Tools

The Service may include supplemental tools such as a Chrome Sidebar extension that interacts with third-party services like GTO Wizard to enhance your poker experience. These tools are subject to additional terms as described in Section 11.

3.4 Content

We may provide content through our blog, including poker strategy, news, and how-to guides. This content is for informational and entertainment purposes only and should not be construed as professional advice.

4. USER RESPONSIBILITIES

4.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not 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;
• Use the Service to facilitate illegal gambling activities, including but not limited to operating commercial poker games where a rake or fee is collected;
• 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;
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Service.

4.2 User Content

You may be able to post, upload, or submit content to the Service, such as profile information, game data, or comments ("User Content"). You retain all rights in your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with the Service.

4.3 Prohibited Content

You agree not to post, upload, or submit User Content that:

• Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise objectionable;
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party;
• Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
• Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.

5. FEES AND PAYMENT

5.1 Subscription Fees

Certain features of the Service may be available only through a paid subscription. All fees are stated in U.S. dollars unless otherwise specified and are exclusive of any applicable taxes.

5.2 Payment Processing

We use third-party payment processors to bill you through a payment account linked to your account. Payment processing services may be subject to separate terms and conditions provided by our payment processors.

5.3 Billing Cycle

Subscription fees will be billed in advance on a recurring basis, depending on the subscription plan you select. Subscription plans may be monthly, quarterly, or annual.

5.4 Cancellation Policy

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation, you will continue to have access to premium features until the end of your current billing cycle, but you will not receive a refund for any portion of the subscription fee.

5.5 Price Changes

We reserve the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole discretion. We will provide reasonable notice of any such price changes.

6. INTELLECTUAL PROPERTY

6.1 Company Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Raya Labs LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

6.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use.

6.3 Feedback

If you provide us with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate.

7. PRIVACY

7.1 Privacy Policy

Our Privacy Policy, which is incorporated by reference into these Terms, describes how we collect, use, and share information about you when you use our Service. By using the Service, you consent to the collection, use, and sharing of your information as set forth in our Privacy Policy.

7.2 Data Security

We implement reasonable security measures to protect your personal information. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.

8. THIRD-PARTY LINKS AND SERVICES

8.1 Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by Raya Labs LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

8.2 Third-Party Integrations

The Service may integrate with third-party services, such as GTO Wizard. Your use of such integrations may be subject to additional terms and conditions provided by the third-party service providers.

8.3 Chrome Extension

Our Chrome Sidebar extension that scrapes GTO Wizard hand data is provided "as is" and is subject to the terms and conditions of the Chrome Web Store and Google's policies. You are responsible for ensuring that your use of the extension complies with GTO Wizard's terms of service.

9. DISCLAIMERS

9.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.2 Accuracy Disclaimer

We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components.

9.3 Gambling Disclaimer

Poker Payout is designed to enhance home poker games and is not intended to facilitate commercial gambling activities. We do not endorse or promote gambling for money, and users are responsible for ensuring that their use of the Service complies with all applicable laws regarding gambling in their jurisdiction.

10. LIMITATION OF LIABILITY

10.1 Limitation of Liability

IN NO EVENT SHALL RAYA LABS LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, 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; OR
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

10.2 Limitation Amount

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO US FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10.3 Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Raya Labs LLC, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service;
• Your violation of any term of these Terms;
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
• Any claim that your User Content caused damage to a third party.

12. TERM AND TERMINATION

12.1 Term

These Terms shall remain in full force and effect while you use the Service.

12.2 Termination by You

You may terminate these Terms at any time by discontinuing use of the Service and closing your account.

12.3 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

12.4 Effect of Termination

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

12.5 Survival

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.

13. MODIFICATIONS

13.1 Modifications to the Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

13.2 Modifications to the Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the effective date of the changes.

13.3 Continued Use

Your continued use of the Service after such modifications will constitute your acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of law provisions.

14.2 Informal Dispute Resolution

Most concerns can be resolved quickly by contacting us. You and Raya Labs LLC agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.

14.3 Binding Arbitration

If we cannot resolve a dispute informally, you and Raya Labs LLC agree to resolve any dispute arising from or relating to these Terms or the Service through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

14.4 Arbitration Procedures

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules then in effect. The arbitration will be heard by a single arbitrator selected in accordance with the AAA's rules.

14.5 Arbitration Location

The arbitration will be conducted in [CITY, STATE], unless you and Raya Labs LLC agree otherwise.

14.6 Exceptions to Agreement to Arbitrate

Either party may bring a lawsuit in the federal or state courts of [STATE] solely for injunctive relief to stop unauthorized use or abuse of the Service or infringement of intellectual property rights without first engaging in arbitration or the informal dispute-resolution process described above.

14.7 Class Action Waiver

YOU AND RAYA LABS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms constitute the entire agreement between you and Raya Labs LLC regarding your use of the Service and supersede all prior and contemporaneous written or oral agreements between you and Raya Labs LLC.

15.2 Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

15.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

15.4 Assignment

You may not assign any of your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms.

15.5 Contact Information

If you have any questions about these Terms, please contact us at:

16. CALIFORNIA RESIDENTS

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and other California laws. Please refer to our Privacy Policy for more information about these rights.

17. CHANGES TO THESE TERMS

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date at the top of these Terms. You are advised to review these Terms periodically for any changes.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Service.

By using the service, you acknowledge that you have read these terms of service, understand them, and agree to be bound by them.