Terms and Conditions

Last Updated: January 15, 2025

1. Agreement to Terms

By accessing or using Poker AI software, website, and services (collectively, the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Poker AI ("Company," "we," "us," or "our"). By using our Service, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Description of Service

Poker AI provides automated poker assistance software that uses artificial intelligence and computer vision technology to analyze poker game situations and execute actions on behalf of the user. The Service includes:

Desktop application software for macOS and Windows
Real-time game analysis and decision-making algorithms
Automated action execution capabilities
Opponent tracking and statistical analysis
Performance analytics and reporting
Account management and subscription services

IMPORTANT: The Service is designed for use with sweepstakes, social, and free-to-play poker platforms only. The Service is NOT intended for use with real-money gambling platforms where automated assistance may be prohibited.

3. User Responsibilities and Acceptable Use

3.1 Compliance with Third-Party Terms

You are solely responsible for ensuring that your use of our Service complies with the terms of service, rules, and policies of any third-party poker platform you use. We do not guarantee that our Service is permitted on any particular platform. Before using our Service, you must:

Review and understand the terms of service of your poker platform
Determine whether automated assistance tools are permitted
Accept full responsibility for any consequences of using our Service

3.2 Prohibited Uses

You agree NOT to use the Service to:

Violate any applicable laws, regulations, or third-party rights
Engage in real-money gambling where such activity is illegal in your jurisdiction
Use on platforms that explicitly prohibit automated assistance software
Circumvent any security measures or access controls
Reverse engineer, decompile, or disassemble the software
Share, distribute, or resell your license to third parties
Use the Service for any fraudulent or deceptive purposes
Attempt to gain unauthorized access to our systems or other users' accounts
Interfere with the proper functioning of the Service

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and license key. You agree to notify us immediately of any unauthorized access or use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.

4. Disclaimer of Warranties

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

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

Implied warranties of merchantability and fitness for a particular purpose
Warranties of non-infringement
Warranties that the Service will be uninterrupted, error-free, or secure
Warranties regarding the accuracy, reliability, or completeness of the Service
Warranties that the Service will meet your requirements or expectations

4.1 No Guarantee of Results

WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, WINNINGS, OR OUTCOMES FROM USING OUR SERVICE.Poker involves elements of chance and skill, and past performance does not guarantee future results. Any statistics, win rates, or performance metrics displayed are for informational purposes only and should not be construed as guarantees.

4.2 No Financial Advice

The Service does not constitute financial, investment, or gambling advice. You should not rely solely on our Service for making financial decisions. We are not responsible for any financial losses you may incur while using the Service.

4.3 Third-Party Platform Risks

We are not affiliated with any poker platform and have no control over their operations, terms, or enforcement actions. We do not guarantee that our Service will function correctly with any specific platform, and we are not responsible for any actions taken by third-party platforms against your account, including but not limited to account suspension, termination, or confiscation of funds.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POKER AI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

Loss of profits, revenue, or business opportunities
Loss of data or goodwill
Financial losses from poker play or gambling activities
Account suspension or termination by third-party platforms
Confiscation of funds by poker platforms
Any damages arising from your use or inability to use the Service
Any damages arising from unauthorized access to your account
Any damages arising from errors, bugs, or inaccuracies in the Service

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

6. Indemnification

You agree to indemnify, defend, and hold harmless Poker AI and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Your use or misuse of the Service
Your violation of these Terms
Your violation of any third-party rights, including poker platform terms of service
Your violation of any applicable laws or regulations
Any content you submit, post, or transmit through the Service
Any activity conducted through your account

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all software, algorithms, designs, graphics, text, and other content, is owned by Poker AI and is protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

7.2 License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial purposes during your subscription period.

7.3 Restrictions

You may not:

Copy, modify, or create derivative works of the Service
Reverse engineer, decompile, or disassemble the software
Remove any proprietary notices or labels
Use the Service to develop competing products
Share or transfer your license to any third party
Use automated means to access or interact with our systems (except as provided by the Service)

8. Subscription and Payment Terms

8.1 Subscription Plans

We offer various subscription plans with different durations and pricing. By subscribing, you agree to pay the applicable fees for your chosen plan. All fees are quoted in US dollars unless otherwise specified.

8.2 Billing

Payment is due at the time of subscription. For recurring subscriptions, you authorize us to charge your payment method automatically at the beginning of each billing cycle. You are responsible for keeping your payment information up to date.

8.3 Refund Policy

All sales are final. Due to the nature of digital software products and the immediate access provided upon purchase, we generally do not offer refunds. However, we may consider refund requests on a case-by-case basis at our sole discretion. To request a refund, contact our support team within 24 hours of purchase.

8.4 Price Changes

We reserve the right to modify our pricing at any time. Price changes will not affect existing subscriptions but will apply to renewals and new subscriptions. We will provide reasonable notice of any price increases.

8.5 Free Trial

We may offer a free trial period. At the end of the trial, you must purchase a subscription to continue using the Service. We reserve the right to modify or discontinue free trials at any time.

9. Termination

9.1 Termination by You

You may terminate your account at any time by discontinuing use of the Service and contacting us to request account deletion. Termination does not entitle you to a refund of any fees paid.

9.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

Breach of these Terms
Fraudulent, abusive, or illegal activity
Non-payment of fees
Upon request by law enforcement or government agencies
Unexpected technical or security issues
Discontinuation of the Service

9.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, warranty disclaimers, limitation of liability, and indemnification.

10. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

Key points regarding your data:

Game data and statistics are primarily stored locally on your device
We collect minimal data necessary for license validation and account management
We do not sell your personal information to third parties
We implement reasonable security measures to protect your data

11. Modifications to Service and Terms

11.1 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

11.2 Terms Modifications

We may revise these Terms at any time by posting the updated version on our website. The "Last Updated" date at the top indicates when the Terms were last revised. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us and attempt to resolve the dispute informally. Most disputes can be resolved quickly and amicably through direct communication.

12.2 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising from or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

12.3 Class Action Waiver

YOU AND POKER AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Delaware.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Poker AI concerning the Service and supersede all prior agreements, understandings, and representations.

16. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

17. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

18. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, government actions, or internet service failures.

19. Contact Information

If you have any questions about these Terms or the Service, please contact us:

Discord: https://discord.gg/NHUjvZXzrR

20. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

You further acknowledge that:

You are solely responsible for compliance with third-party platform terms
We make no guarantees about winnings or results
You accept all risks associated with using automated poker software
You will not hold us liable for any account actions taken by poker platforms
You are of legal age to enter into this agreement in your jurisdiction