Terms of Service

§ 1 Scope

These Terms of Service (hereinafter "Terms") govern the use of the mobile application PokerTrace (hereinafter "App"), provided by APTENTIC, Owner Denis Jegotin (hereinafter "Provider", "we", "us").

PokerTrace is a pure statistics and analysis tool for poker players. The App does not involve gambling or real-money transactions.

Provider:
APTENTIC, Owner Denis Jegotin
Email: denis.jegotin@aptentic.com

§ 2 Contract Formation and Registration

§ 2.1 Account Creation

• Use of the App requires the creation of a user account
• Registration is done via Sign in with Apple
• By registering, you confirm that you are at least 18 years old. Age verification is carried out by the respective platform (App Store) through their age rating system — we do not conduct independent age verification.

§ 2.2 Acceptance of Terms

By registering, you agree to the following documents:

• These Terms of Service
• Our Privacy Policy

Please also review the terms of service and privacy policies of our third-party providers (Resend, RevenueCat, OpenAI), which are linked in our Privacy Policy.

§ 2.3 Contract Conclusion

The contract is concluded upon successful registration via Sign in with Apple.

§ 3 Description of Services

Note on poker terminology: Terms such as VPIP, PFR, AF, WSD, WTSD, and similar abbreviations used in the App and in these Terms are established, industry-standard poker statistics widely used in the poker community. They are not invented by APTENTIC. PokerTrace computes and displays these metrics based on the hand data you record. The App does not imply, endorse, or facilitate gambling or real-money play.

Note on hands: In poker, a "hand" refers to a single played round. It may contain the cards dealt, player actions in a betting round across any phases the user recorded (pre-flop, flop, turn, river), and an outcome — but a hand does not need to be complete: it contains exactly as much information as the user chose to enter and save. "Betting round" is standard poker terminology for the phases of a hand — we do not imply placing money. Only the actions the user actually made are stored (e.g. fold, call, raise). This term is unrelated to any physical or biometric data.

Hands are stored linked to your account and used exclusively to provide statistics and AI-powered analysis within the App. They are not shared with third parties (except where you use AI analysis features — see § 8). You may export all your hands at any time and request their deletion — see § 10 and our Privacy Policy.

Note: PokerTrace is a pure statistics and analysis tool. No gambling takes place, no real-money stakes are managed, and no gaming decisions are made.

§ 3.1 Nature of the Service

A subscription grants you a time-limited, non-exclusive right to access the features of your tier for the duration of your active subscription. It does not grant permanent or perpetual access to any feature. Access is contingent on:

• Maintaining an active subscription in good standing
• Compliance with these Terms
• The feature being available (see § 7.1 on availability and maintenance)

Where features are described as available "without a fixed limit" (e.g. hand storage on paid tiers), this refers to the absence of a hard technical cap — it does not constitute an unconditional or perpetual guarantee. Fair use applies; the service is intended for individual personal use. Storage capacity applies to poker hand data only, not to other data types.

We reserve the right to adjust, modify, or discontinue individual features within or across tiers at any time (see § 7.2). Where a material feature of a paid tier is permanently removed, affected subscribers will be notified in advance and may cancel their subscription without penalty.

§ 3.2 Free Tier

Note on naming: In the app, the free feature set available after account creation is labelled "Welcome" as a personalised onboarding experience. In the paywall and in these Terms, the same tier is referred to as "Free Tier" for brevity. Both names refer to the identical set of features described below.

The following features are available to all registered users at no charge:

• Hand tracking: Record hands played (cards, actions, positions, outcomes)
• Hand storage: Up to 50 hands. Once the limit is reached, no new hands can be saved until the limit is raised via a subscription upgrade. Hands saved before a downgrade from a paid tier are never retroactively deleted.
• Core statistics: Overview of key stats including VPIP (Voluntarily Put money In Pot), PFR (Pre-Flop Raise rate), basic win rates, and streak indicators
• AI companion: Up to 25 queries (fixed cap, no monthly reset) to ask questions about your core statistics (see § 3.6 for AI quota details)
• Multi-device support: Use on multiple devices with the same account
• Data export: Full export of your data (GDPR Art. 15)

§ 3.3 Starter Tier (subscription required)

All Free tier features, plus:

• Hand storage: No fixed storage cap for hand data
• Extended statistics: Additional metrics including player type classification, trouble hand rate, tendency indicators, AF (Aggression Factor), WSD (Went to Showdown rate), and WTSD (Won money at Showdown rate)
• Extended analysis engine: Position analysis, hand quality breakdown, player type profiling, board texture analysis, and post-flop hand strength
• AI companion: A solid starting amount to chat about your hands and explore your AI companion

§ 3.4 Pro Tier (subscription required)

All Starter tier features, plus:

• Scoring engine: Score trend, average score per hand, and aggression zone analysis
• Leak detection: Full action breakdown, top-3 active leak ranking, and deep post-flop analysis
• AI companion: More room per session for deeper, more frequent conversations and serious analysis

§ 3.5 Elite Tier (subscription required)

All Pro tier features, plus:

• Session intelligence: Session trend analysis, momentum indicators, tilt signal detection, and time-based performance patterns
• Full analysis engine access: All available analytics endpoints including advanced cross-analysis of game patterns
• AI companion: Generous sessions — explore every angle of your game with the full analysis engine

§ 3.6 AI Companion — Quotas and Limits

AI companion usage is subject to fair-use session limits that vary by tier. The following applies to all tiers:

• Paid tiers have a per-session usage limit that resets automatically every 4 hours. Higher tiers receive proportionally more per session.
• The App shows your remaining session capacity as a percentage and the time until your session resets.
• The Free tier has a fixed lifetime cap — once exhausted, an upgrade is required to continue using the AI companion. We reserve the right to adjust the free tier lifetime cap at any time without notice; free tier users have no entitlement to a specific quota value.
• The AI companion uses your recorded hand data and, where applicable, the hand you are currently viewing or entering, to answer questions in natural language. Your text input is transmitted to OpenAI. OpenAI's response may be informed by game-related statistical information (e.g. aggregate metrics derived from your hands, or details of the current hand in context) that our backend computes and incorporates — however, no full raw hand datasets, personal identifiers, or unrelated account data are transmitted (see Privacy Policy Section 6.1).
• Conversation history is not stored. Each question is processed independently — the AI has no memory of previous questions within the same session or across sessions.
• The AI companion may provide coaching-style guidance based on your personal game history — see § 8 for the full scope and limitations.

§ 3.7 Add-on Features (in-app purchases)

• Skins and customisations: Cosmetic personalisation of the App
• Payment processing is facilitated by the respective app store (Apple App Store or Google Play Store) and, where applicable, by RevenueCat as our subscription management infrastructure. We have no direct access to your payment data.

§ 4 User Obligations

§ 4.1 Accurate Information

You agree to:

• Provide truthful information during registration
• Only use an Apple ID that belongs to you
• Keep your Apple ID secure

§ 4.2 Prohibition of Misuse

The following are prohibited:

• Using the App for illegal purposes
• Circumventing or manipulating security mechanisms
• Using automated tools (bots, scrapers)
• Reverse engineering, decompiling, or disassembling the App
• Using the App in a manner that violates applicable law

§ 4.3 Apple ID Responsibility

You are solely responsible for:

• The security of your Apple ID
• All activities carried out via your account

Access to the App is exclusively tied to your Apple ID. If you lose access to your Apple ID, please use Apple's own account recovery process. We have no ability to verify your identity independently or restore access to your account.

§ 5 Payment Terms (for subscriptions)

§ 5.1 Prices and Payment Processing

• All prices are displayed in the App (including applicable VAT)
• Payment processing is handled exclusively by the respective app store (Apple App Store or Google Play Store) — we have no access to your payment data
• The payment terms of the respective app store apply in addition

§ 5.1a Price Changes

We reserve the right to adjust subscription prices at any time to reflect changes in the value, scope, or cost of the service provided.

For new subscribers: New prices apply immediately upon publication in the App.

For existing subscribers: Price increases take effect only after at least 30 days' written notice (via push notification or email). You may cancel your subscription before the new price takes effect without penalty. Continued use after the effective date constitutes acceptance of the new price.

Price reductions take effect immediately for new billing periods without notice. Already-paid periods are not retroactively refunded in the event of a price reduction.

§ 5.2 Subscription Term

• Subscriptions renew automatically
• Cancellation period in accordance with the terms of the respective app store
• Cancellation is done directly via the app store through which you purchased the subscription:
  • Apple App Store: iOS/iPadOS Settings → [Your Name] → Subscriptions
  • Google Play Store: Google Play App → Subscriptions (or play.google.com/store/account/subscriptions)
• No refunds for periods already paid

§ 5.3 No Refunds

Except as required by applicable law or the refund policies of the respective app store, we do not issue refunds, including but not limited to:

• Cancellation of a subscription mid-term
• Non-use of the service during a paid period
• Disagreement with feature or price changes
• Account deletion during an active subscription period

Subscription fees are charged by the respective app store. Refund requests must be directed to Apple or Google in accordance with their refund policies — we have no ability to issue refunds through the app stores.

§ 5.4 Right of Withdrawal

To the extent that a direct contractual relationship with APTENTIC, Owner Denis Jegotin exists (e.g. for features activated through account registration), pursuant to § 356(5) BGB (German Civil Code) there is no right of withdrawal for digital content once performance has begun with your express consent before the expiry of the withdrawal period.

By completing registration, you declare your agreement to immediate commencement of performance and waive your right of withdrawal to that extent.

For subscriptions purchased through Apple App Store or Google Play Store, the purchase contract is concluded between you and the respective app store operator — not with APTENTIC, Owner Denis Jegotin. Withdrawal rights in connection with the purchase are therefore governed exclusively by the terms of the respective app store.

§ 5.5 Statutory Tax Retention Obligation

Purchase receipts and subscription event records are retained for 10 years in accordance with § 147 AO (German Tax Code). Upon account deletion, these records are anonymised (user link removed) but not deleted.

§ 5.6 Licence and Account Binding

• Purchased content and active subscriptions are tied to your app account and can be used on all devices on which you are logged in with this account
• Transfer to another user or account is not possible
• Upon account deletion, access to all purchased content is permanently terminated (see § 10)

If a subscription tier is discontinued: If we decide to permanently discontinue a subscription tier you are currently subscribed to, we will notify you at least 30 days in advance. You may cancel your subscription before the tier is discontinued without penalty for the remaining paid period.

§ 6 Usage Rights and Intellectual Property

§ 6.1 Rights Granted

We grant you a non-exclusive, non-transferable, personal right to use the App. This right is limited to the duration of your use.

§ 6.2 Provider's Ownership

All rights to the App, including:

• Source code, design, graphics, logos
• Databases and algorithms
• Trademarks and identifiers

remain with the Provider. You do not acquire any ownership rights to the App.

§ 6.3 Your Data

You retain all rights to the personal data you have entered (hands) for as long as it is linked to your account. We use your personal data exclusively in accordance with our Privacy Policy.

Anonymisation upon deletion: When your account is deleted (by you, by inactivity, or by us), your hand data is irreversibly anonymised — all personal identifiers (user ID, email, device data, account-linked timestamps) are permanently removed. The retained records contain only poker gameplay data at a high level (e.g. cards, actions, positions, outcomes). Once anonymised, this data is no longer personal data within the meaning of Art. 4(1) GDPR. APTENTIC retains and may use it indefinitely for product improvement and analytics engine development, including the potential training of proprietary AI or statistical models. The anonymisation process is designed to meet the standards of the EDPB (including singling-out and linkability tests).

Aggregate usage analytics: We collect anonymous, aggregate statistics about how app features are used (e.g. which analytics functions are called and how frequently, broken down by subscription tier). This data contains no personal identifiers whatsoever — no user ID, email, or device information — and is our property from the moment of collection. It is used solely for product development and service improvement.

Optional engine data sharing (active accounts): You may voluntarily opt in to allow us to use your hand data — anonymised on-the-fly — to improve our analytics engine. This is entirely optional, freely given, and can be withdrawn at any time in the app settings without any effect on your access to features. The legal basis is explicit consent (Art. 6(1)(a) GDPR). Full details are in our Privacy Policy (Section 3.1).

§ 7 Availability and Changes

§ 7.1 Availability

• We strive for high availability but do not guarantee uninterrupted access
• There is no entitlement to a specific uptime percentage
• Maintenance work will be announced where possible
• For planned maintenance: notification via the App

§ 7.2 Changes to the App and Tier Features

We reserve the right to:

• Modify, extend, or restrict features within any tier
• Add new features to any tier at any time — tiers may grow in value over time
• Move features between tiers (e.g. shift a Pro feature to Starter, or vice versa)
• Remove features where the technical or commercial resources to provide them no longer exist
• Further develop and improve the App

Tiers are defined by their features at the time of your subscription. They are not static — features may be added, shifted, or removed as the product evolves. The current feature set of each tier is always shown in the App.

For material changes to paid tiers (e.g. permanent removal of a core feature a tier was marketed with): affected subscribers will receive at least 30 days' notice and may cancel their subscription without penalty for the remaining paid period.

Minor adjustments (e.g. quota increases, quota reductions of less than 20% of the current value, UI changes, new feature additions, feature improvements) do not constitute material changes and may be made at any time without notice. Quota reductions exceeding 20% of the current value for a paid tier are treated as material changes and will be subject to the 30-day notice period above. The 20% threshold is calculated against the quota value at the time of the subscriber's most recent subscription renewal, not against any temporarily increased value.

§ 7.3 Changes to the Terms

For changes to these Terms:

• Notification at least 30 days before coming into effect
• You may object to the changes and cancel your account
• Continued use after coming into effect = acceptance of the new Terms

§ 8 Disclaimer for AI Features

How the AI companion works: All statistical analysis of your hand data is performed by our own analytics engine — OpenAI does not analyse your raw hand records. The AI companion acts as a natural language interface: it receives your question and computed statistical results from our engine, and formulates a human-readable response. Where relevant, the AI may also receive contextual details about the hand you are currently viewing or entering (e.g. the cards, actions, or position data for that specific hand) to provide more precise answers. To improve the quality and coherence of responses, OpenAI may receive partial contextual information from your current conversation session (e.g. the question you asked, relevant aggregate metrics, or current hand context). No full hand datasets, personal identifiers, or unrelated account data are transmitted. The AI backend powering this interface may change over time (e.g. different third-party providers or a proprietary model) — any such change will be reflected in an updated Privacy Policy. For current data transmission details, see our Privacy Policy (Section 6.1).

Conversation data and service improvement: Interactions with the AI companion (your questions and the AI's responses) may be processed to maintain session coherence and to improve the quality of the service. This may include temporary caching within a session. We do not use your individual conversation data to train third-party AI models without your consent. For details on how OpenAI may handle transmitted data, see OpenAI's privacy policy.

§ 8.1 No Warranty for AI Outputs

We accept NO liability for:

• Incorrect analyses or calculations by the AI
• Percentage estimates or statistics that do not match actual outcomes (all figures are statistically derived from your personal data, not theoretical models)
• Gaming losses based on AI information
• Incomplete or inaccurate evaluations

§ 8.2 Scope of AI Guidance

AI features serve informational and coaching purposes based on your personal game history:

• The AI analyses your recorded hands and computed statistics
• The AI provides statistical summaries and pattern observations
• The AI may compare your past decisions with their outcomes and offer coaching-style guidance (e.g. tendencies you exhibit, situations where your outcomes differ from your averages)
• The AI does NOT provide recommendations based on theoretical hand equity, GTO (Game Theory Optimal) solver algorithms, or poker-mathematical probability models. Any percentage figures the AI provides reflect outcomes statistically derived from your personal recorded game history — not theoretical probabilities
• The AI does NOT make decisions for you — all gaming decisions remain your sole responsibility

§ 8.3 Probability Estimates and Their Limitations

The AI companion may provide percentage-based estimates (e.g. "based on your history, you have won X% of similar situations"). These figures are statistically derived exclusively from your personal recorded game history — they are NOT based on theoretical hand equity, GTO solver algorithms, or poker-mathematical probability models.

Such estimates reflect your individual historical outcomes only and must not be interpreted as theoretically correct winning probabilities. They carry no predictive guarantee and do not give rise to any liability on our part.

The AI is expressly not designed to calculate theoretical hand equity or GTO-based winning probabilities. We take technical measures to prevent this. Complete prevention cannot be guaranteed — should the AI provide such calculations, they are unsupported, may be incorrect, and create no liability.

§ 8.4 Personal Responsibility

You bear full responsibility for:

• Your gaming decisions
• The interpretation of AI outputs
• Any losses in the poker game
• Verification of AI analyses

Important: Poker players should NOT rely exclusively on AI features.

§ 9 Limitation of Liability

§ 9.1 Liability for Intent and Gross Negligence

We are fully liable for damages arising from injury to life, body, or health, as well as for intent and gross negligence.

§ 9.2 Liability for Slight Negligence

For slight negligence, we are only liable:

• For breach of essential contractual obligations (cardinal obligations)
• Liability is limited to the foreseeable, typical damage for this type of contract

§ 9.3 Excluded Liability

We are NOT liable for:

• Data loss due to compromised Apple ID accounts
• Gaming losses based on AI analyses
• Technical disruptions outside our control (e.g. Apple servers, OpenAI API)
• Indirect damages or consequential damages
• Loss of profit

§ 9.4 Liability Cap

To the maximum extent permitted by applicable law, and without prejudice to § 9.1, our total liability to you for any claim arising out of or relating to these Terms or the App shall not exceed the total amount you have paid to us in the 6 months preceding the event giving rise to the claim.

This cap applies regardless of the legal basis of the claim (contract, tort, or otherwise) and regardless of whether we have been advised of the possibility of such damages. If you have not made any payments during that period, our liability is limited to €0 to the maximum extent permitted by applicable law.

§ 9.5 "As Is" Disclaimer

To the maximum extent permitted by applicable law, the App is provided "AS IS" and "AS AVAILABLE", without warranty of any kind. We expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to:

• Implied warranties of merchantability or fitness for a particular purpose
• Warranties that the App will be uninterrupted, error-free, or free of harmful components
• Warranties that any defects will be corrected
• Warranties that the App will meet your specific requirements or produce any particular result

Some jurisdictions do not allow the exclusion of certain warranties — in such cases, the exclusion applies to the fullest extent permitted by law.

§ 9.6 Third-Party Providers

The terms of service and liability provisions of our third-party providers (Resend, RevenueCat, OpenAI) apply to their services.

§ 10 Account Termination and Deletion

§ 10.1 Ordinary Termination by User

You can delete your account at any time in the App under "Settings" → "Delete Account":

• 30-day grace period (you can cancel the deletion)
• After 30 days: automatic deletion
• We recommend cancelling the deletion request well before the grace period expires. Cancellation requests received shortly before or simultaneously with the automated deletion process may no longer be technically possible to process.

Important: Account deletion does NOT automatically cancel your subscription in the App Store. Please cancel active subscriptions manually via the respective App Store before final account deletion (see § 5.2) to avoid further charges.

Note: The 30-day grace period applies to regular account deletion. If you instead exercise your right to object to data processing, the grace period does not apply and the account is deleted immediately — see Privacy Policy Section 9.6.

§ 10.2 Automatic Deletion Due to Inactivity

• After 2 years of inactivity: Warning by email
• After 3 years of inactivity: Automatic account deletion
• Purpose: Data minimisation in accordance with GDPR (see Privacy Policy Section 8.1)

§ 10.3 Termination by Provider

We may terminate your account for extraordinary cause in the event of:

• Breach of these Terms
• Abusive use
• Illegal activity

Upon termination: 30-day period for data backup and data export, then automatic deletion. During this period, read-only access to the account is maintained solely for the purpose of data export. Periods already paid are not refunded (see § 5.3).

§ 10.4 Consequences of Termination

During the 30-day grace period, your account remains fully active and all features, including premium features, continue to be available.

Upon final account deletion (details: Privacy Policy Section 9.3):

• All account data is deleted
• All devices are removed
• All hands are ANONYMISED (poker gameplay data retained without any personal identifiers — see § 6.3)
• The local active subscription state is deleted
• Purchase data and subscription event history are ANONYMISED (not deleted — tax law)

We additionally attempt to delete the linked RevenueCat customer record for your app account. This does not replace cancellation in the App Store; active store subscriptions must still be cancelled there.

Already paid subscriptions continue at the respective app store until the end of the term — however, use within the App is no longer possible after final account deletion. Subscriptions can be managed and cancelled at any time directly via the app store:

• Apple App Store: iOS/iPadOS Settings → [Your Name] → Subscriptions
• Google Play Store: Google Play App → Subscriptions (or play.google.com/store/account/subscriptions)

§ 11 Data Protection

The processing of personal data is governed by our separate Privacy Policy.

Key points:

• Authentication exclusively via Sign in with Apple; your Apple ID is your identity anchor
• Email address is stored as provided by Apple at registration and is not independently managed by us
• Hands are stored (Free tier: up to 50 hands; paid tiers: unlimited)
• Upon account deletion, hands are irreversibly anonymised and retained as non-personal data (see § 6.3)
• AI analysis transmits your text input, relevant session context, and where applicable current hand context to OpenAI; responses may incorporate game-related statistical summaries computed by our backend — no full raw hand datasets or personal identifiers are transmitted
• AI queries are subject to per-session limits (4-hour rolling window, tier-dependent); Free tier has a fixed lifetime cap (see § 3.6)
• Aggregate, non-personal usage analytics are collected (no user identifiers — see § 6.3)
• Optional: you may opt in to engine data sharing — hand data anonymised on-the-fly for analytics engine improvement (see § 6.3 and Privacy Policy Section 3.1)
• Data transfer to the USA (Resend, RevenueCat, OpenAI)
• You have rights under GDPR (access, erasure, rectification, etc.)

Access: In the App under "Settings" → "Privacy Policy"

§ 12 Dispute Resolution

§ 12.1 Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

§ 12.2 Jurisdiction

The place of jurisdiction for all disputes is Neumarkt, provided you are a merchant, a legal entity under public law, or a special fund under public law.

For consumers, the mandatory statutory place of jurisdiction applies — this is the court at the consumer's place of residence (§ 29c ZPO). We have no influence over this and cannot contractually override it.

§ 12.3 Online Dispute Resolution

The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/

Our email address: denis.jegotin@aptentic.com

We are not obligated to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Severability Clause

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

§ 14 Contact

Email: denis.jegotin@aptentic.com

Response time: Within 30 days

Imprint (Legal Notice): Available in the App under "Settings" → "Legal". The Imprint contains the mandatory provider information pursuant to § 5 DDG (formerly § 5 TMG).

§ 15 Version History

Version 1.0 (May 25, 2026)

• Initial release