Terms of service

kelpais is run by [To be completed: legal entity name, company or registration number, and registered address] ("we", "us"). You can reach us at hello@kelpais.co.uk.

kelpais publishes predictions for UK and Irish horse races: for each race, picks with a grade, a price and what a stake of your choosing would return if the pick won. It is an information service.

• We are not a bookmaker and we do not offer gambling. We do not take bets, place bets for you, hold your money, or connect to any bookmaker or betting exchange account.
• You decide whether to bet, with whom and for how much. You place any bet yourself, with a firm you choose, on that firm's terms.
• Nothing on kelpais is betting advice, financial advice or a recommendation to bet. Our grades and chances are our opinion, worked out from data, and they can be wrong.
• We do not promise that you will win, make a profit or break even. A pick with a high chance still loses often, and betting always carries a risk of losing money. Past results do not show what will happen next.
• The prices we show are prices we saw at the time we say. A bookmaker's price may have moved or may not be offered to you, and returns are an estimate until you place a bet.

Please read our responsible gambling page.

You must be 18 or over. By creating an account you confirm that you are. If we have reason to think you are not, we may close your account. kelpais is aimed at people in the United Kingdom. Racing in Britain and Ireland is covered, but you are responsible for checking that using a service about gambling is lawful where you live. [To be completed: decide whether to say anything about customers in Ireland or elsewhere]

• Give us a real email address that you can read, and keep your password to yourself. You are responsible for what happens under your account.
• One person, one account. Do not share your sign-in, and do not pass on or resell what you see.
• Tell us at once if you think someone else has your password.

• There is one plan. It costs £19 a month and gives you every pick on every race we cover. [To be completed: say whether the price includes VAT, once the VAT position is settled]
• You get a 3-day free trial. It starts when you verify your email address. You do not need to give a card. We email you about 24 hours before it ends.
• If you do not add a card before the trial ends, the trial ends and your access stops. You are not charged and nothing renews. If you add a card, the first payment is taken when the trial ends, and then once a month on the same day until you cancel.
• There is one free trial for each account. If you come back after a trial or a subscription has ended, you can subscribe, but there is no second trial.
• Payments are taken by Stripe. We never see or keep your card number. If a payment fails, Stripe tries again, and your access continues for up to 3 days while you update your card. After that it stops until a payment goes through.
• If we raise the price, we will email you at least [To be completed: notice period, for example 30 days] before the new price applies to you, and you can cancel before it does.

You can cancel at any time in the app under Settings, then Billing, then the Stripe customer portal, or by emailing hello@kelpais.co.uk. Cancelling stops the next payment. You keep your access until the end of the period you have already paid for, and we do not charge you again.

The free trial costs nothing, so there is nothing to refund while it lasts. If you subscribe and pay, the law gives consumers a 14-day cooling-off period for services bought online.

• Those 14 days start on the day your first payment is taken. Adding a card during the trial does not start them, because nothing is charged until the trial ends. [To be completed: lawyer to confirm when the 14 days start for a card added during a free trial]
• If you change your mind within the 14 days, email hello@kelpais.co.uk and we will refund your first payment in full to the card you paid with, within 14 days of your request. [To be completed: decision for the owner: refund in full as drafted, or keep a fair amount for the days already used. The law allows a deduction if you asked us to start straight away, but a full refund is simpler and Stripe keeps its fee either way]
• After that, we do not refund a month that has already started, unless the law says we must or we have made a mistake, such as charging you twice or after you cancelled. You keep your access to the end of the period you paid for.
• If the service is faulty or not as described, your legal rights as a consumer still apply, and nothing in these terms takes them away.

[To be completed: check this section against the new subscription-contract rules in the Digital Markets, Competition and Consumers Act 2024 (reminders and a cooling-off period after a trial or renewal) once their start date is known]

• Do not copy, scrape, republish or resell the predictions, grades or prices, or use them to build or train a competing service.
• Do not try to break, overload, probe or get around the service, its limits or its security.
• Do not use more than one account to get more than one free trial.
• Do not use kelpais to break the law, or to pass yourself off as someone else.

If you break these rules we may suspend or close your account.

The predictions, grades, wording, design and software of kelpais belong to us or our licensors. While you have an account you may use them for your own personal, non-commercial use, and for nothing else.

Racecards, results and prices come from third-party suppliers and public sources, so they can be late, incomplete or wrong. We do our best to keep the service running, but we do not promise that it will always be available, on time, or free of errors. Picks lock shortly before the off, and a lock does not mean a price is still available.

We will provide the service with reasonable care and skill. If we do not, your rights under the Consumer Rights Act 2015 are not affected by anything in these terms.

Subject to that:

• We are not responsible for any bet you place, any money you lose or any winnings you do not make by using kelpais. Those are decisions you take.
• We are not responsible for loss that was not a foreseeable result of our breach, for loss of profit, or for loss caused by a bookmaker or another third party.
• Our total responsibility to you for everything that goes wrong in any period of 12 months is limited to the amount you paid us in that period. [To be completed: lawyer to confirm this cap is reasonable for consumers]

Nothing in these terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, for fraud, or for fraudulent misrepresentation.

We may improve or change the service. If we change these terms in a way that matters to you, we will email you before the change takes effect, and you can cancel if you do not agree. We may stop offering kelpais; if we do, we will tell you and refund any period you have paid for and not received. You can stop using kelpais at any time.

We may suspend or close an account that breaks these terms, or if we are required to by law. Where we can, we will tell you why and give you a chance to put it right.

How we use your personal data is explained in our privacy notice, and the cookies and similar storage we use in our cookie notice.

If something is wrong, email hello@kelpais.co.uk and we will reply within [To be completed: reply time, for example 5 working days]. If we cannot sort it out, you may have the right to take it to an approved alternative dispute resolution provider. [To be completed: name an ADR provider, or confirm none is used]

These terms, and any dispute about them or about kelpais, are governed by the law of England and Wales, and the courts of England and Wales can hear a dispute. If you live in Scotland or Northern Ireland you can also bring a claim in the courts where you live.

hello@kelpais.co.uk. [To be completed: registered address, once the entity is set up]