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Terms of Service

Last updated: November 29, 2025

1. Acceptance of Terms

Welcome to RailScanPro, a model railroad inventory management platform operated by Winsit LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website, mobile applications, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

You must be at least 13 years old to use our Service. If you are under 18, you represent that you have your parent's or guardian's permission to use the Service.

2. Service Description

RailScanPro provides a comprehensive platform for model railroad enthusiasts to:

  • Catalog and manage model railroad inventory
  • Upload and organize photos of rolling stock and accessories
  • Utilize AI-powered analysis for automated data extraction
  • Track valuations and maintenance records
  • Access marketplace features for buying and selling
  • Generate reports and analytics
  • Share collections with other users

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, and without liability to you or any third party.

2.1 Early Access / Founding Member Status

RailScanPro is launching with a Founding Member program during our initial release period. If you subscribe as a Founding Member, you acknowledge that:

  • The Service is under active development and may contain bugs, errors, or incomplete features
  • Features may be added, modified, or removed as we refine the platform based on user feedback
  • Service interruptions may occur more frequently than in a mature software product
  • Some functionality described in documentation or marketing materials may not yet be fully implemented
  • Your feedback directly influences product development priorities

Founding Member pricing reflects this early access status and our appreciation for users who help us improve the platform through their usage, patience, and feedback. By subscribing during the founding period, you accept these conditions and agree that minor service disruptions or incomplete features are expected aspects of early stage software.

3. User Accounts

3.1 Account Registration

To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Keep your login credentials secure and confidential
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

3.2 Account Responsibilities

You are solely responsible for your account and all activities that occur under it. We are not liable for any loss or damage from unauthorized account access.

3.3 Organization Accounts

If you create an organization account, you represent that you have authority to bind the organization to these Terms. Organization administrators are responsible for managing user access and ensuring compliance with these Terms.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Activities

You agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Upload malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service or servers
  • Use automated tools to access the Service without permission
  • Collect user information without consent
  • Impersonate any person or entity
  • Engage in spam, phishing, or similar activities
  • Post inappropriate, offensive, or harmful content
  • Infringe on intellectual property rights
  • Use the Service for competitive analysis without permission
  • Reverse engineer, decompile, or disassemble our software

4.3 Content Standards

All content must be appropriate for a general audience and related to model railroading. Content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable is prohibited.

5. User Content

5.1 Your Content Rights

You retain ownership of all content you upload to the Service, including photos, descriptions, and inventory data ("User Content").

5.2 License to Use Your Content

By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to:

  • Store, process, and display your content within the Service
  • Analyze content using AI for data extraction and enhancement
  • Create backups and ensure data availability
  • Share content as directed by your privacy settings
  • Use aggregated, anonymized data for service improvement
  • Contribute anonymized inventory metadata to our community reference database (see Section 5.5)

5.3 Content Responsibility

You are solely responsible for your User Content and represent that:

  • You own or have necessary rights to the content
  • The content does not violate any laws or third-party rights
  • The content is accurate and not misleading
  • You will not upload content that infringes intellectual property

5.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or applicable law, without notice and at our sole discretion.

5.5 Community Data Enhancement Program

RailScanPro maintains a community reference database to improve product identification, cataloging accuracy, and AI recognition for all users. This database is built from anonymized, aggregated inventory data contributed by our user community.

Free Tier (Starter Plan) - Mandatory Participation:

As a condition of using the free Starter plan, you agree that:

  • Your inventory metadata (manufacturer names, product numbers, descriptions, specifications, and scale information) will be anonymized and incorporated into our community reference database
  • Photos you upload may be used to train and improve our AI recognition models, with all identifying information and metadata removed
  • This contribution is automatic and cannot be opted out while using the free tier
  • Your personal information, account details, valuations, purchase prices, notes, and location data are NEVER included in community contributions

Paid Tiers - Optional Participation:

Paid subscribers (Collector, Family, Pro, Club, and Museum plans) may opt out of the Community Data Enhancement Program at any time through Account Settings. Opting out means:

  • Your inventory data will not be contributed to the community database
  • Your photos will not be used for AI training purposes
  • You still benefit from the enhanced database built by the community

What Is Never Shared:

Regardless of your plan or opt-out status, the following are never shared or used for community enhancement:

  • Personal identifying information (name, email, address)
  • Financial data (valuations, purchase prices, insurance values)
  • Private notes and custom fields
  • Location or seller information
  • Account credentials or payment information

6. Subscription and Billing

6.1 Subscription Plans

We offer various subscription plans with different features and limitations:

Personal Plans:

  • Starter: Free (up to 100 items, 5 photos per item, Community Data Enhancement required)
  • Collector: $12/month or $135/year (Founding Member pricing) — 500 items, unlimited photos, QR labels, import/export
  • Family: $19/month or $225/year (Founding Member pricing) — 1,000 items, 5 users, family dashboard, marketplace access
  • Pro: $30/month or $360/year (Founding Member pricing) — 5,000 items, 10 users, unlimited AI scans, insurance PDFs, API access

Organization Plans:

  • Club: $100/month or $1,000/year (Founding Member pricing) — 10,000 items, 100 users, club dashboard, member discounts, event planning
  • Museum: $200/month or $2,000/year (Founding Member pricing) — Unlimited items & users, 501(c)(3) support, donor database, restoration management

Founding Member pricing is locked in for the lifetime of your subscription when you subscribe during the founding period. Regular pricing will be approximately 60% higher after the founding period ends.

6.2 Payment Terms

Subscription fees are billed in advance and are non-refundable except as required by law. Payment is processed through Stripe, and you agree to their terms of service.

6.3 Auto-Renewal

Subscriptions automatically renew unless cancelled before the renewal date. You can cancel anytime through your account settings.

6.4 Price Changes

We may change subscription prices with 30 days' notice. Changes apply to subsequent billing cycles unless you cancel your subscription.

6.5 Usage Limits

Each plan has specific limits on inventory items, photo uploads, and AI analysis. Exceeding limits may result in additional charges or service restrictions.

7. Intellectual Property

7.1 Our Rights

The Service, including its design, functionality, code, and content (excluding User Content), is owned by Winsit LLC and protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal or internal business purposes, subject to these Terms.

7.3 Trademark Policy

"RailScanPro" and related logos, product names, and feature names are trademarks or service marks of Winsit LLC. A complete list of our trademarks is available at /legal/trademarks.

You may not use our trademarks without prior written permission. Any authorized use must comply with our trademark usage guidelines.

We respect intellectual property rights and will respond to valid DMCA notices. To report copyright infringement, contact us at legal@railscanpro.com.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to the collection and processing of your information as described in the Privacy Policy.

9. Service Availability

We strive to provide reliable service but cannot guarantee 100% uptime. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We target 99.9% uptime and will provide advance notice of scheduled maintenance when possible.

10. Limitation of Liability

IMPORTANT LEGAL NOTICE:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINSIT LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

11. Indemnification

You agree to defend, indemnify, and hold harmless Winsit LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your User Content
  • Your violation of any third-party rights

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings.

12.2 Termination by Us

We may terminate or suspend your account immediately, without notice, for:

  • Violation of these Terms
  • Non-payment of fees
  • Fraudulent or illegal activity
  • Extended inactivity

12.3 Effect of Termination

Upon termination, your right to use the Service ends immediately. We may delete your account data after a reasonable retention period. Paid subscriptions are non-refundable except as required by law.

12.4 Data Export

You may request an export of your data within 30 days of termination. After this period, data may be permanently deleted.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States and the state of incorporation of Winsit LLC, without regard to conflict of law principles.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any legal claim, you agree to try to resolve disputes informally by contacting us at legal@railscanpro.com.

14.2 Binding Arbitration

Any disputes not resolved informally will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in English and the arbitrator's decision will be final and binding.

14.3 Class Action Waiver

You agree that disputes will be resolved individually and waive any right to participate in class action lawsuits or class-wide arbitration.

15. Changes to Terms

We may update these Terms periodically to reflect changes in our practices or applicable law. Material changes will be communicated through:

  • Email notification to registered users
  • Prominent notice on our website
  • In-app notifications

Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

16. Contact Information

For questions about these Terms or our Service, please contact us:

Winsit LLC
RailScanPro Legal Team
Email: legal@railscanpro.com
Website: https://railscanpro.com

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