Terms of Service

Definitions & interpretation

In these Terms, some words have a specific meaning:

Railbird, we, us, our

[Your legal entity name, e.g. Your Company Pty Ltd] [ABN ___ ___ ___ ___], which operates the Railbird website and service.

You, your, User

The person who creates an Account or otherwise uses the Service.

Account

The personal account you register to access Railbird.

Service

The Railbird website, applications, AI “readings”, analysis, tools, virtual competition, community features and related content.

Content

All text, analysis, data, ratings, graphics, software and other material made available through the Service.

User Content

Anything you submit, post or share through the Service, including community posts and tracker entries.

Pro

Railbird’s optional paid subscription tier.

Virtual Competition

The free, virtual-bankroll game of skill described in clause 6 — no real money is staked.

Affiliate Link

A link to a third party (such as a bookmaker) from which we may earn a referral commission.

Australian Consumer Law / ACL

Schedule 2 to the Competition and Consumer Act 2010 (Cth).

References to a statute include any amendment or replacement of it. Headings are for convenience and do not affect interpretation. “Including” and “for example” are not words of limitation.

About Railbird & accepting these Terms

These Terms form a binding agreement between you and Railbird. By creating an Account, ticking the consent box at sign-up, or otherwise using the Service, you confirm that you have read, understood and agree to these Terms and to our Privacy Policy.

1. If you do not agree, you must not create an Account or use the Service.
2. We record the date, time and version of the Terms you accepted at sign-up so both of us have a clear record of what you agreed to.
3. If you use Railbird on behalf of an organisation, you confirm you are authorised to bind that organisation to these Terms.

Eligibility & your account

1. 18+ only. You must be at least 18 years old and legally permitted to view gambling-related content where you live.
2. Location. You must be located in Australia, or somewhere the Service is lawful for you to use.
3. Accurate details. You agree the information you give us is true, current and complete, and that the Account is for you and not someone else.
4. One account. Unless we agree otherwise, you may hold one Account. We may void duplicate or fraudulent accounts.
5. Security. You are responsible for keeping your password confidential and for activity under your Account. Tell us promptly if you suspect unauthorised use.

The Railbird service

Railbird gives you plain-English analysis of sports odds and markets, AI-generated “readings”, recent-form context, educational content, bankroll tracking, a community, and the free Virtual Competition. Its purpose is to help you understand betting and make calmer, better-informed decisions.

1. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own personal, non-commercial use.
2. The Service is provided for information, education and entertainment. Features may differ between the free and Pro tiers, and may change over time.
3. Any usage limits (for example, a daily number of AI readings) are part of how the Service is provided and may be adjusted.

No betting, financial or professional advice; no guarantees

This clause is important. Please read it carefully.

1. No guarantee. Railbird does not guarantee, predict or promise any result, winning bet, profit or return. Nobody can. Past performance and recent form do not determine future outcomes.
2. Not professional advice. Nothing in the Service is betting tipping as professional advice, or financial, investment, tax or legal advice. It does not take account of your personal circumstances.
3. General information only. Any pick, “leaning”, percentage, value rating or opinion is general commentary for education and entertainment. You should not rely on it as the basis for any bet.
4. We don’t handle bets or money. Railbird does not accept, place, settle or hold bets, stakes or real-money wagers, and does not handle gambling funds or pay winnings.
5. Your decisions are your own. Always check live prices and rules yourself, bet only with licensed operators, and only ever stake what you can afford to lose. Every betting decision is yours alone.

The virtual competition & promotional rewards

1. Virtual only. The Virtual Competition uses a virtual bankroll. No real money is staked, and you cannot win or lose real money by playing.
2. Game of skill. It is a free game of skill for entertainment and learning. It is not a lottery, betting product or gambling service.
3. Rewards are discretionary. Any reward, prize or recognition we may offer is promotional and entirely at our discretion. It may be changed, capped or withdrawn at any time, and is subject to any specific promotion terms we publish and to [applicable trade-promotion / permit rules].
4. Fair play. We may void entries or results we reasonably believe involve cheating, abuse, multiple accounts, automation or error.

Railbird Pro, billing & refunds

1. Subscription. Pro is an optional paid subscription. Prices are shown in Australian dollars and include any applicable GST unless stated otherwise.
2. Payment processor. Payments are processed by Stripe. We do not see or store your full card details.
3. Auto-renewal. Subscriptions renew automatically for successive periods until you cancel. By subscribing, you authorise us (via Stripe) to charge the then-current fee at the start of each period.
4. Cancelling. You can cancel at any time. Cancellation stops future renewals; your Pro access continues until the end of the period you have already paid for.
5. Refunds. Except where the ACL or another law requires otherwise, fees for a billing period are generally non-refundable, and partial periods are not pro-rated. Clause 16 explains your non-excludable rights.
6. Price changes. We may change Pro pricing or features. We will give reasonable advance notice of a price increase, and it will take effect at your next renewal — you can cancel before then if you don’t accept it.
7. Failed payments & chargebacks. If a payment fails or is reversed, we may suspend or downgrade Pro access. Please contact us before raising a chargeback so we can help.

Your content & the community

1. You own your content. You keep ownership of your User Content.
2. Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display and distribute your User Content for the purpose of operating, improving and promoting the Service. This licence ends when you delete the content or your Account, except for copies retained as required by law or in routine backups.
3. Your responsibility. You are responsible for your User Content and confirm you have the rights to post it and that it does not break the law or these Terms.
4. Moderation. We may review, moderate, edit or remove User Content, and may suspend community access, where we reasonably consider it breaches these Terms or could harm users or Railbird. We are not obliged to monitor User Content.

Acceptable use

You agree not to:

• use the Service if you are under 18, or break any applicable law;
• scrape, copy, resell, redistribute or commercially exploit the Content or data without our written permission;
• reverse-engineer, interfere with, overload or disrupt the Service or its security;
• create accounts in bulk, share accounts, or use bots or automation;
• post unlawful, harassing, hateful, deceptive or infringing content in the community;
• misrepresent Railbird output as a guarantee or as professional advice; or
• use the Service to facilitate gambling by, or marketing of gambling to, anyone under 18.

Breaching this clause may lead to suspension or closure of your Account under clause 19.

Intellectual property & feedback

1. Our IP. Railbird and its Content, branding, logos, software and design are owned by us or our licensors and are protected by intellectual property laws. Except for the licence in clause 4.1, no rights are granted to you.
2. Feedback. If you send us ideas, suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation to you.

Third-party services, data & affiliate links

1. Third-party data. Odds, fixtures, results and recent-form data come from third-party providers and may be delayed, incomplete or wrong. We do not warrant their accuracy.
2. Third-party sites. Links to bookmakers or other sites are provided for convenience. We do not control them and are not responsible for their content, prices, products or services. Your dealings with them are governed by their terms.
3. Affiliate disclosure. Where we earn a commission from an Affiliate Link, we will disclose it. A commission never changes which pick, price or analysis we show you.

Responsible gambling

Gambling can be harmful. Only ever stake what you can afford to lose, set limits, take breaks, and never chase losses. Free, confidential help is available 24/7:

• Gambling Help Online — 1800 858 858 — gamblinghelponline.org.au
• BetStop — the National Self-Exclusion Register — betstop.gov.au — lets you exclude yourself from all licensed Australian online wagering.

Most licensed operators also let you set deposit limits and take-a-break periods. We encourage you to use them.

Privacy

How we handle your personal information is set out in our Privacy Policy, which forms part of these Terms. By using the Service you agree to that policy.

Availability, changes & beta features

1. Availability. We aim to keep the Service available but do not guarantee it will be uninterrupted or error-free. We may carry out maintenance, and access may depend on third parties and your own equipment and connection.
2. Changes. We may add, change, suspend or remove features for legal, security, operational or commercial reasons.
3. Beta. Some features may be labelled early-access or beta and are provided on an “as is” basis; they may be incomplete or change before general release.

Disclaimers

To the maximum extent permitted by law, and subject to clause 16:

1. the Service and all Content are provided “as is” and “as available”, without warranties of any kind, whether express or implied;
2. we do not warrant that the Service, any analysis, odds or data is accurate, complete, current, reliable or fit for any particular purpose; and
3. we are not responsible for any gambling losses, or for any decision you make based on the Service.

Your rights under the Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

1. Our goods and services come with guarantees that cannot be excluded under the ACL. For major failures you may be entitled to a replacement or refund, and to compensation for other reasonably foreseeable loss or damage.
2. Where the ACL applies and the relevant goods or services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to comply with a consumer guarantee is limited (at our option) to re-supplying the services or paying the cost of re-supply, to the extent permitted by law.

Limitation of liability

1. Subject to clause 16, to the maximum extent permitted by law we are not liable for any indirect, special, incidental or consequential loss, or for any loss of profits, revenue, data, goodwill, or any gambling losses, arising from or in connection with the Service.
2. Subject to clause 16, our total aggregate liability to you arising from or in connection with the Service is limited, at our option, to re-supplying the relevant part of the Service or to the total fees you paid us (if any) in the [3] months before the event giving rise to the liability.
3. Nothing in these Terms limits liability that cannot be limited by law.

Indemnity

To the extent permitted by law, you agree to reimburse us for reasonable loss, damage, cost or expense we suffer arising from your breach of these Terms or your misuse of the Service, except to the extent the loss was caused by us.

Suspension & termination

1. By you. You can stop using the Service and close your Account at any time.
2. By us. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we reasonably suspect fraud or misuse, or where reasonably necessary for legal, security or operational reasons.
3. Effect. On termination, your licence to use the Service ends. If you have paid for Pro, clause 7 governs what happens to the remainder of your period.
4. Survival. Clauses that by their nature should survive (including clauses 1, 5, 10, 15, 16, 17, 18, 21 and 22) continue after termination.

Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (for example, in-app or by email) and update the “Last updated” date and version above. Continued use of the Service after changes take effect means you accept the updated Terms. If you don’t accept them, stop using the Service and close your Account.

General

1. Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control.
2. Assignment. You may not assign these Terms without our consent. We may assign or novate them, for example as part of a business sale or restructure.
3. Severability. If any provision is found to be unenforceable, it is read down or severed to the minimum extent necessary, and the rest remains in force.
4. Waiver. A failure or delay in exercising a right is not a waiver of it.
5. No agency. Nothing in these Terms creates a partnership, agency or employment relationship between us.
6. Notices. We may give you notices in-app or to the email on your Account. You can contact us using clause 23.
7. Entire agreement. These Terms and the Privacy Policy are the entire agreement between us about the Service and replace any earlier understanding.

Governing law & disputes

1. These Terms are governed by the laws of [State/Territory, e.g. New South Wales], Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that place.
2. Before starting court proceedings, please contact us first so we can try to resolve the issue quickly and in good faith. This does not prevent either of us from seeking urgent relief.

How to contact us

Questions about these Terms? Contact us at [your-contact-email], [Your legal entity name] [ABN], [business address].