Terms of use.

01

About these terms

WinLoss is provided by SPEAK OF THE LTD, company number 12426635, at Unit A, James Carter Road, Mildenhall Industrial Estate, Bury St. Edmunds, Suffolk, England, IP28 7DE. In these terms, “we” means that company and “you” means the person using the app. Questions, complaints and claims can be sent to apps@speakofthe.com.

These terms govern your use of WinLoss and the features supplied by us. You must be 18 or over and have legal capacity to agree to them.

Please read these terms before using WinLoss. By using the app after these terms have been presented to you with an opportunity to read them, you agree to be bound by them. If you do not agree, you must not use WinLoss. This does not affect any cancellation, refund or other right you have under applicable law.

WinLoss is licensed to you under Apple's standard licence, and these terms add to it. The privacy policy explains how we handle data.

• Contact app support
• WinLoss privacy policy

02

For adults, and not gambling

WinLoss is for adults aged 18 and over. Where the law requires it, the app asks Apple to confirm your age range before you use it, and stops if you are under 18.

WinLoss is a record-keeping app. It does not offer gambling, take bets, hold or transfer money, or connect to any casino, betting operator or game. It is not affiliated with, endorsed by or sponsored by any casino or operator whose name you record.

Your results, statistics, luck figures and charts describe what you recorded. They are not predictions, a system for winning, or advice to gamble. The house has an edge in casino games, and past results do not change it.

If gambling stops being fun, help is free and confidential: in the UK, GamCare on 0808 8020 133; in the US, 1-800-GAMBLER. WinLoss's loss limit and reminders are aids you set yourself; they do not stop you playing.

• GamCare
• 1-800-GAMBLER

03

Your licence to use the app

Apple's standard licence lets you use WinLoss on Apple-branded devices you own or control, under the App Store's Usage Rules, including through Family Sharing where those rules and the purchase allow it.

We and our licensors retain rights in the app, its code, designs, branding and supplied material. You may not resell the app, distribute its code, bypass purchase controls or copy or reverse engineer it except where applicable law permits this.

The licence does not transfer ownership of your records, photographs or notes to us.

04

Devices, iCloud and availability

Use a compatible iPhone or iPad and iOS version, as stated in the App Store listing. iCloud sync needs a suitable signed-in Apple Account, iCloud availability and sufficient storage. Purchases and some features also need connectivity and the relevant Apple services. You are responsible for your device, account security and network or storage charges.

Changes may not immediately appear on another device. iCloud, connectivity, device storage and third-party outages can delay sync or access. We do not promise uninterrupted availability or indefinite compatibility with every future device or operating system.

WinLoss is a personal record-keeping app. We do not provide a service-level agreement, guaranteed uptime or response times, uninterrupted synchronisation, or guaranteed recovery of lost or deleted data. iCloud synchronisation is not a backup; export anything you want to keep.

Install updates to keep the app working securely. Apple's terms, and those of your mobile network and any service you share through, also apply when you use their services.

05

Figures, exchange rates and tax

Totals, per-hour figures, budgets, exchange-rate conversions and reports are worked out from what you enter, including the exchange rates you set or accept. Check them before you rely on them.

Where WinLoss offers a tax-year report, it is a summary of your own records to help you or your adviser. It is not tax, legal or financial advice, it does not decide what you owe or must report, and tax rules differ by country and change. Ask a qualified adviser about your own position.

You decide what to record and what to do with the figures. Those decisions, and what follows from them, are yours.

06

What you are responsible for

WinLoss gives you the tools; how you use them is up to you. Unless our own breach of these terms or failure to use reasonable care and skill caused it, we are not responsible for loss that results from the things below. You are responsible for:

• Taking reasonable steps to limit any loss once you know of a problem.
• The accuracy and completeness of what you enter, including amounts, currencies, exchange rates and times.
• Checking exports and reports before you rely on them or send them.
• Keeping your own copies of important records outside WinLoss, for example by exporting them.
• Your gambling, the money you spend and any tax or reporting obligations you have.
• Your iPhone, your Apple Account and its security, your iCloud storage and your network.

07

Free features and WinLoss Pro

You can record sessions, casinos, trips, deposits and withdrawals, and see your results, without buying anything. The paywall describes WinLoss Pro's features and prices before you confirm payment. Apple's displayed price and currency apply to the transaction.

WinLoss Pro is offered as a monthly subscription, a yearly subscription and a one-off lifetime purchase. Some features may be available only in some countries; the paywall shows what Pro includes where you are.

Subscriptions renew automatically at the end of each period, at the price then shown, unless you cancel at least 24 hours before the period ends. Payment is charged to your Apple Account. You can manage or cancel a subscription in your Apple Account settings; cancelling stops the next renewal, and Pro stays on until the end of the period already paid for.

A free trial, where offered, is available once per Apple Account. If you do not cancel at least 24 hours before it ends, the subscription starts and the first payment is taken. WinLoss reminds you before a trial ends if notifications are allowed.

You can change between Pro plans through the App Store. Buying the lifetime purchase does not cancel an existing subscription: Apple keeps it running until you cancel it in your Apple Account settings, and does not refund the rest of a period already paid for unless Apple decides to.

Apple processes payments and maintains transaction records. Free features are supplied free of charge, as they are. We work to keep them running well, but make no promise that they will suit your purpose, be free of errors or always be available.

• Manage your subscriptions (Apple)

08

Refunds and consumer rights

All requests to refund an App Store purchase must go through Apple. Use reportaproblem.apple.com, Apple's in-app refund option where available, or Apple Support. Apple reviews requests and processes approved refunds under its procedures and applicable law. We cannot approve or process App Store refunds ourselves or issue them through a separate payment channel.

Contact us for technical support or help identifying the affected purchase; sending us a message is not a refund request to Apple. Deleting your data or the app does not cancel a subscription or request a refund. A refund or revocation can turn off Pro.

This payment and refund process does not remove your statutory rights or any obligation that cannot lawfully be excluded. In the UK, digital content must meet the relevant requirements for satisfactory quality, fitness for purpose and matching its description. The remedies available under applicable law remain unaffected.

Any cancellation right and any legally valid agreement to immediate supply are governed by applicable law and the purchase flow presented to you. These terms do not themselves waive a cancellation right or impose a blanket no-refunds policy.

• Request a refund from Apple
• Apple's refund instructions and support

09

Your content and other people's information

You retain your rights in the material you add. You authorise the storage and processing needed to provide the features you choose. This is not a transfer of ownership or a licence to use your content in advertising.

Only add photos and information you are entitled to use, and respect other people's privacy. Many casinos restrict photography on the gaming floor; follow the venue's rules.

Do not use the app for unlawful activity or attempts to disrupt the service or bypass access restrictions.

We have no administrator access to browse, read or retrieve the records in your private iCloud database. Information you send to support, or that appears in diagnostic reports, is separate from access to that private database.

10

Website information and third parties

Information about WinLoss and casino play on speakofthe.com is general information. It is not tailored to your circumstances and is not legal, financial, tax or other professional advice. Check current requirements and original sources relevant to your situation.

Mentioning a casino, operator or other organisation, or linking to it, identifies it or explains a topic. It does not by itself express endorsement or imply affiliation, sponsorship or approval. The organisations operating linked websites control their content, terms and availability.

Use speakofthe.com and its contact forms lawfully. Do not send spam, overwhelm the website, send malicious code, impersonate another person or bypass security measures. These rules do not prevent honest reviews, legitimate complaints, reporting security concerns or exercising your legal rights.

11

Support, updates and changes

For support, email apps@speakofthe.com or use our app contact form. Include the app version and a description of the issue, without unnecessary personal information. We provide the maintenance and support required by law or otherwise promised for the app; we do not promise a particular response time unless separately agreed.

We may update the app or these terms for security, legal compliance, compatibility or reasonable product improvements. We will explain material changes and give reasonable advance notice where practicable. Urgent security or legal changes may need to take effect sooner.

A subscription pays for Pro while it is active; the lifetime purchase pays for the Pro features described when you buy, not for every future feature or for updates without end. Changes will not take away rights you already have; if a change materially reduces a paid feature, we will give the notice and remedies the law requires.

We may stop offering or updating WinLoss. If we do, we will give at least 30 days' notice in the app or on this website where we can. The app already on your iPhone will keep working with your records in iCloud for as long as Apple's services and iOS allow, but without further updates or support, so export anything you want to keep.

12

Stopping use and serious breaches

You can stop using WinLoss at any time. Before deleting the app, consider exporting your records and, if you want them removed from iCloud, using Delete Everything in the app. Uninstalling alone does not delete your records from iCloud or cancel a subscription.

We may end the licence or restrict services we control for a serious breach of these terms, as far as technically possible and lawful. Where appropriate, we will explain the reason and give a reasonable opportunity to put it right.

Ending use does not remove accrued legal rights, valid refund claims or obligations intended to continue. It does not give us a general right to access or erase the contents of your private iCloud account.

13

What we are and are not responsible for

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not allow us to exclude or limit. If you are a consumer and paid for WinLoss Pro, the law requires that digital content to be of satisfactory quality, fit for purpose and as described, and gives you remedies if it is not, including a repair, a replacement or some or all of your money back. Nothing in these terms affects those rights; Citizens Advice can explain them.

If we break these terms or fail to use reasonable care and skill, we are responsible for loss or damage you suffer that is a foreseeable result. Loss is foreseeable if it was obvious it would happen, or if both of us knew it might happen when you started using WinLoss or made the purchase concerned. We are not responsible for loss that was not foreseeable.

WinLoss is supplied for domestic and private use. We are not responsible for loss of income, earnings or profit, or loss of business, contracts or opportunity, however it arises.

Using WinLoss in connection with a loss does not make us responsible for it. Unless our breach of these terms or failure to use reasonable care and skill caused it, we are not responsible for:

• Money lost gambling, or any decision to gamble, stop or continue, whatever the app's figures, limits or reminders showed.
• Data loss, including records or photos kept nowhere but WinLoss.
• Tax, reporting or other obligations, or decisions made on the strength of a report or figure.
• Information you entered wrongly, including amounts, currencies and exchange rates.
• Failures of your device, network or storage, or of Apple's services or any other service we do not control.

14

The most we will pay

Apart from the liabilities in the first paragraph of the previous section, which are not limited, our total liability to you for all claims connected with WinLoss, taken together and however they arise, whether in contract, negligence or otherwise, is limited to the greater of £50 and the price you paid for the purchases the claims are about.

A claim about free features is limited to £50. The limit uses the amount originally paid, before any refund. This is a limit, not an amount we owe: you would first need to show that we are legally responsible for your loss. The limit applies to all claims together, not to each claim separately. It does not reduce a consumer's statutory rights in a faulty paid feature, including a refund of its price.

15

Events outside our control

We are not responsible for delay or failure caused by events outside our reasonable control. These include outages, faults or changes in Apple's services, such as iCloud, CloudKit, the App Store, StoreKit, Maps and iOS itself; failures of networks, power or devices; cyber attacks we could not reasonably prevent; and changes in the law.

If such an event affects WinLoss, we will let you know where we can and take reasonable steps to limit its effect.

16

Apple's licence

WinLoss is licensed to you under Apple's Standard Licensed Application End User License Agreement. These terms add to it. Where the two conflict, these terms apply, except for Apple's own rights under that agreement.

These terms are between you and us, not Apple. Apple is not responsible for WinLoss, its content, or its maintenance and support; we are, as these terms describe. The Apple Media Services terms and the App Store's Usage Rules also apply.

Apple's licence makes Apple and its subsidiaries third-party beneficiaries of that licence, able to enforce it against you.

• Apple's standard licence
• Apple Media Services terms

17

Governing law and disputes

These terms are governed by the law of England and Wales, subject to any mandatory protections of the country where you habitually live. Consumers may bring proceedings in the courts available to them under applicable law, including their home courts where the law provides. Nothing requires a consumer in Scotland or Northern Ireland to give up applicable local rights or court access.

Please contact apps@speakofthe.com if something is wrong so we can try to resolve it. This does not prevent you from exercising legal rights or bringing a claim within the relevant time limit. These terms do not impose compulsory arbitration or waive collective rights where protected by law.

If a provision cannot lawfully be enforced, the remaining terms continue to the extent possible. A delay in enforcing a right does not waive it. These terms do not give anyone else a right to enforce them, unless the law requires otherwise.