Terms of Use

Version 2026-10-11 · Effective October 11, 2026
DRAFT. Have it reviewed by a Massachusetts attorney before relying on it.

Important: These Terms include a limitation of liability (Section 13), a release (Section 14), and a binding individual arbitration agreement with a class-action waiver (Section 16) that affect your legal rights. You can opt out of arbitration within 30 days (Section 16.6).

1. Agreement

These Terms of Use ("Terms") are a legal agreement between you and JACOBEE, a business located in the Commonwealth of Massachusetts ("JACOBEE", "we", "us", "our"). They cover your use of Count Like a Pro, including the website countlikeapro.app (and any related domains), the web app, the desktop app, the mobile apps, and all related content and services (together, the "Service").

You accept these Terms, the Privacy Policy and the Risk Disclosure & Assumption of Risk (all together, the "Agreement") when you check the acceptance boxes and create an account, when you make a purchase, or when you use the Service. Checking the boxes is your electronic signature, and it has the same effect as a handwritten signature. We keep a record of the version you accepted and when. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 21 years old, or the legal gambling age where you live if that is higher, and able to form a binding contract.
You may not use the Service where it, or any gambling-related information, is illegal.
You may not use the Service if we previously suspended or terminated your account.

3. What the Service is (and isn't)

The Service provides education and entertainment about blackjack, basic strategy and card counting, including lessons, practice games, simulations and calculators.
The Service does not offer real-money gambling, and nothing in it has any cash value.
The Service is not financial, investment, legal, tax or professional advice. Calculations such as expected value, risk of ruin and bankroll estimates come from simplified models and may be inaccurate.
No guarantee: we do not promise that you will win money or reach any result. Read the Risk Disclosure.

4. Your responsibilities

You agree that you will:

follow all laws and all rules of any casino or venue where you gamble, and accept that casinos may refuse, limit or exclude you;
never use the Service, or any other device, phone or app, at a casino table or in any way that helps you gamble in real time, or in any way that is illegal;
gamble only with money you can afford to lose, and take full responsibility for every gambling decision and its results;
keep your login private, and not share, resell or redistribute your account or any paid content;
not copy, scrape, reverse-engineer, decompile, bypass access controls, overload, or interfere with the Service, or use it to build a competing product;
not use the Service to harass anyone, break the law, or infringe anyone's rights.

5. Accounts

You must give accurate information and keep your password secure. You are responsible for all activity on your account. Tell us right away at [SUPPORT EMAIL] if you think your account has been misused. You can delete your account at any time in My account → Delete my account.

6. Free and Pro plans; payments

Free plan: part of the Service is free. We may change what is free at any time.
Pro plans: Monthly and Yearly plans are subscriptions that renew automatically at the then-current price (shown before you buy) until you cancel. Lifetime is a one-time payment that gives Pro access for as long as we offer the Service.
Website purchases are processed by Stripe. App purchases are processed by Apple or Google under their own terms, and refunds and cancellations for them are handled by Apple or Google.
Cancel any time: for website subscriptions, cancel online in My account → Manage my subscription. For app-store subscriptions, cancel in your Apple or Google account settings. Cancellation stops future renewals, and you keep Pro until the end of the period you already paid for.
Price changes: we will tell you about any price change for a subscription before it applies to you, and you can cancel before it takes effect.
Refunds: [YOUR REFUND POLICY, e.g. "If you are not happy, email us within 14 days of your first payment for a full refund."] Otherwise, payments are non-refundable except where the law requires a refund.
You authorize us (and our payment processors) to charge your payment method for the plan you choose, including renewals, plus any applicable taxes.

7. Our content and your license

The Service and all of its content, including text, lessons, graphics, games, software, logos and the "Count Like a Pro" name, belong to JACOBEE or its licensors and are protected by law. We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial learning, according to these Terms. We keep all other rights.

8. Your content

Notes and data you enter (for example in the Money Diary or Casino Notebook) remain yours. You give us permission to store, process and display them only to provide the Service to you. Do not enter information you are not allowed to share.

9. Feedback

If you send us ideas or suggestions, we may use them freely without paying you or giving you credit.

10. Third-party services

The Service relies on third parties such as hosting, Stripe, Apple, Google and RevenueCat, and may link to other websites. We are not responsible for third-party services, content or terms.

11. Changes to the Service and these Terms

We may update or discontinue any part of the Service. We may update these Terms. If we make material changes, we will ask you to accept the new version in the Service before you continue using it. If you do not agree, you may stop using the Service and cancel any subscription.

12. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, JACOBEE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, THAT ANY INFORMATION, STRATEGY OR CALCULATION IS CORRECT OR SUITABLE FOR YOU, OR THAT YOU WILL ACHIEVE ANY RESULT.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) JACOBEE AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY GAMBLING LOSSES, LOST WINNINGS, LOST PROFITS, LOSS OF DATA, OR DAMAGES FROM CASINO EXCLUSION, BANS OR LEGAL ACTION, EVEN IF ADVISED THAT THEY WERE POSSIBLE; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (2) FIFTY US DOLLARS (US $50).

Some places do not allow certain exclusions or limits. In those places, our liability is limited to the smallest amount the law allows. Nothing in these Terms limits liability that cannot legally be limited, such as liability for fraud.

14. Release

YOU ALONE DECIDE WHETHER, WHERE, HOW AND HOW MUCH TO GAMBLE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE AND FOREVER DISCHARGE JACOBEE AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES AND DAMAGES (KNOWN OR UNKNOWN) ARISING FROM OR RELATED TO YOUR GAMBLING, WAGERS, RESULTS, OR ANY ACTION TAKEN AGAINST YOU BY ANY CASINO, VENUE, REGULATOR OR AUTHORITY.

15. Indemnification

You agree to defend, indemnify and hold harmless JACOBEE and its owners, employees, contractors and agents from any claims, losses, damages, liabilities and costs (including reasonable attorneys' fees) arising from (a) your use or misuse of the Service, (b) your gambling or casino activity, (c) your violation of this Agreement or of any law or casino rule, or (d) your violation of anyone's rights.

16. Dispute resolution: arbitration and class-action waiver

16.1 Talk to us first. Before starting any claim, email [SUPPORT EMAIL] with a description of the dispute. We'll both try in good faith to resolve it within 30 days.

16.2 Binding individual arbitration. If we can't resolve it, you and JACOBEE agree that any dispute, claim or controversy arising from or relating to the Service or this Agreement will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration can happen by video or phone, or in the county where you live. The Federal Arbitration Act governs this Section. The arbitrator decides all issues, except that a court decides questions about the class-action waiver and whether a claim belongs in small-claims court.

16.3 Exceptions. Either party may bring an individual claim in small-claims court. Either party may ask a court for an injunction to stop infringement or misuse of intellectual property.

16.4 Class-action and jury waiver. YOU AND JACOBEE MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. YOU AND JACOBEE WAIVE ANY RIGHT TO A JURY TRIAL.

16.5 Fees. Fees are paid according to the AAA Consumer Rules. If your claim is $10,000 or less, we will pay your filing fee unless the arbitrator finds your claim frivolous.

16.6 30-day opt-out. You can opt out of this arbitration agreement by emailing [SUPPORT EMAIL] within 30 days of first accepting these Terms, with the subject "Arbitration Opt-Out", your name and your account email.

16.7 Time limit. To the extent the law allows, any claim must be started within one (1) year after it arose, or it is permanently barred.

17. Governing law and courts

This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act. For any matter not subject to arbitration, you and JACOBEE agree to the exclusive jurisdiction of the state and federal courts located in [COUNTY] County, Massachusetts.

18. Suspension and termination

We may suspend or end your access at any time if we reasonably believe you broke this Agreement, created risk or legal exposure for us, or used the Service illegally. Sections that by their nature should survive (including Sections 3, 6 for amounts owed, 7, and 12–20) survive termination.

19. Apps from the Apple App Store or Google Play

If you got the app from the Apple App Store: this Agreement is between you and JACOBEE only, not Apple. Apple has no obligation to provide maintenance or support. To the extent the law allows, Apple has no warranty obligation, and JACOBEE (not Apple) is responsible for any claims about the app, including product liability, legal compliance, consumer protection and intellectual-property claims. You confirm that you are not located in a country subject to a US government embargo and are not on any US government list of restricted parties. Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you. Your use of the app must also follow the App Store's Terms of Service. The same principles apply to Google Play and Google's terms.

20. General

Entire agreement: this Agreement is the complete agreement between you and JACOBEE about the Service.
Severability: if any part is found unenforceable, the rest stays in effect, and the unenforceable part is enforced as far as the law allows.
No waiver: if we don't enforce a right, we have not given it up.
Assignment: you may not transfer this Agreement. We may transfer it as part of a merger, sale or reorganization.
Electronic communications: you agree to receive notices and records electronically (by email or in the Service), and agree that electronic acceptance is a valid signature.
Force majeure: we are not responsible for delays or failures caused by events beyond our reasonable control.

21. Contact

JACOBEE · [BUSINESS ADDRESS], Massachusetts · [SUPPORT EMAIL]