Terms of Service - BreakSmarter

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Welcome to BreakSmarter. By accessing or using our website and services, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully before using our platform.

⚠️ Responsible Gaming Disclaimer

BreakSmarter is a mental performance and awareness tool designed to help poker players maintain discipline and strategic focus during tournament breaks.

Important Points:

Gambling can be addictive. Only play poker with money you can afford to lose.
Play responsibly. Set limits on your time and money spent on poker.
Seek help if needed. If you or someone you know has a gambling problem, contact:
- National Council on Problem Gambling: 1-800-522-4700
- www.ncpgambling.org
- Gamblers Anonymous: www.gamblersanonymous.org
Age Restriction: You must be 18 years or older (or the legal gambling age in your jurisdiction) to use BreakSmarter.
Not a Guarantee: BreakSmarter does not guarantee poker success or winnings. It is a tool for mental preparation and awareness only.

1. Acceptance of Terms

By accessing or using BreakSmarter ("Service"), you agree to comply with and be bound by these Terms of Service. If you do not agree to these Terms, you may not access or use our Service.

2. Description of Service

BreakSmarter is a tournament break performance tool designed to help poker players:

Calibrate mental and emotional state during tournament breaks
Maintain strategic awareness and discipline
Track opponent patterns and tendencies
Receive personalized guidance based on stack size and tournament stage

🎯 Tournament-Legal Design

What BreakSmarter IS:

✓ Break-time guidance only
✓ Mental performance and emotional regulation tool
✓ Strategic structure and awareness framework
✓ Designed for use during official breaks only

What BreakSmarter IS NOT:

✗ Real-time in-hand coaching or advice
✗ A solver or automated decision-making tool
✗ Intended for use at the table during active hands
✗ A guarantee of poker success or profitability

3. User Eligibility

To use BreakSmarter, you must:

Be at least 18 years old (or the legal age in your jurisdiction)
Have the legal capacity to enter into a binding agreement
Not be prohibited from using the Service under applicable laws
Comply with all local laws regarding online services and poker play

4. Tournament and Casino Rules

You are solely responsible for ensuring that your use of BreakSmarter complies with the rules and regulations of any tournament, casino, or poker room you are playing in.

Some venues may prohibit the use of electronic devices or coaching tools
Always check and comply with house rules before using BreakSmarter
BreakSmarter is designed for use during breaks, not during active play
We are not responsible for any penalties, disqualifications, or consequences resulting from your use of the Service

5. User Accounts and Waitlist

5.1 Waitlist Registration

By joining our waitlist, you agree to provide accurate, current, and complete information. We will use this information to contact you about early access and product updates.

5.2 Account Security (Future)

When the full product launches, you will be responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

6. Acceptable Use Policy

You agree NOT to:

Use BreakSmarter for any illegal or unauthorized purpose
Violate tournament, casino, or poker room rules
Use the Service to gain unfair advantages prohibited by applicable rules
Share your account with others (when accounts are available)
Attempt to reverse engineer, hack, or exploit the Service
Use the Service in a way that could harm, disable, or impair our systems
Collect or harvest data from the Service for unauthorized purposes

7. Intellectual Property

All content, features, and functionality of BreakSmarter (including but not limited to text, graphics, logos, software, and algorithms) are owned by BreakSmarter and are protected by copyright, trademark, and other intellectual property laws.

You may not:

Copy, modify, or distribute our content without permission
Use our trademarks or branding without authorization
Create derivative works based on our Service

8. Disclaimer of Warranties

BreakSmarter is provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, either express or implied.

We do not warrant that:

The Service will be uninterrupted, error-free, or secure
Results obtained from the Service will be accurate or reliable
Use of the Service will improve your poker performance or winnings
Any defects or errors will be corrected

9. Limitation of Liability

To the maximum extent permitted by law, BreakSmarter and its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of poker winnings or profits
Tournament disqualifications or penalties
Loss of data or information
Cost of substitute services
Damages arising from your use or inability to use the Service

Our total liability for any claims arising from your use of BreakSmarter shall not exceed the amount you paid us in the 12 months prior to the claim (or $100 if you have not paid us anything).

10. Indemnification

You agree to indemnify, defend, and hold harmless BreakSmarter and its affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any tournament, casino, or poker room rules
Your violation of any third-party rights

11. Subscription and Payment (Future)

When BreakSmarter launches, we may offer paid subscription plans. By subscribing, you agree to:

Pay all applicable fees
Provide accurate payment information
Auto-renewal terms (if applicable)
Our refund policy (to be determined at launch)

12. Termination

We reserve the right to:

Suspend or terminate your access to the Service at any time, for any reason
Remove you from the waitlist
Refuse service to anyone

You may stop using the Service at any time by unsubscribing from our communications.

13. Modifications to the Service and Terms

We reserve the right to modify or discontinue the Service (or any part thereof) at any time, with or without notice. We may also update these Terms from time to time. Continued use of the Service after changes constitutes acceptance of the new 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 United States, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration, except where prohibited by law. You waive your right to participate in class action lawsuits.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BreakSmarter regarding your use of the Service.

17. Contact Information

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

Email: legal@breaksmarter.com
General Inquiries: info@breaksmarter.com

🎲 Final Responsible Gaming Reminder

Poker should be entertainment, not a way to make money. Set limits, know when to stop, and never chase losses. If gambling becomes a problem, seek help immediately.

Problem Gambling Helpline: 1-800-522-4700

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