Terms of Service
PokerSharp is published by Your Custom Web Design Inc. (“we,” “us,” or “our”), an independent developer. Questions about these Terms may be directed to: support@ycwdesign.com
The App contains simulated poker content and is intended solely for users who are 18 years of age or older. By using the App, you represent and warrant that you are at least 18 years old. We reserve the right to terminate access for any user we have reason to believe does not meet this requirement.
PokerSharp is an educational training tool only. The App simulates poker scenarios for the sole purpose of teaching Game Theory Optimal (GTO) poker strategy.
The following apply without exception:
- The App does not involve real money, real wagers, or real prizes of any kind.
- The App does not offer opportunities to win money, property, or anything of real-world value.
- No virtual currency within the App can be redeemed, exchanged, transferred, or converted into real money or goods.
- The App does not facilitate real-time multiplayer gambling of any kind.
- Any simulated chips, scores, or in-app metrics are for training and educational purposes only and have no monetary value.
Nothing in these Terms or within the App should be construed as an endorsement of real-money gambling, and we do not provide gambling services of any kind.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on a device you own or control, for your personal, non-commercial purposes.
You may not: (a) copy, modify, or create derivative works of the App; (b) reverse engineer, disassemble, or decompile the App; (c) sublicense, sell, resell, or otherwise commercially exploit the App; (d) remove or alter any proprietary notices within the App; or (e) use the App for any unlawful purpose.
The App, including its training content, GTO range data, software, design, graphics, and all other materials, is owned by or licensed to us and is protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership rights to you. The PokerSharp name, logo, and associated brand elements are proprietary to us. All rights not expressly granted in these Terms are reserved.
You agree not to use the App in any manner that: (a) violates any applicable local, state, national, or international law or regulation; (b) infringes the rights of any third party; (c) attempts to gain unauthorized access to the App or its underlying systems; or (d) introduces malicious code or interferes with the proper functioning of the App.
The App is distributed through third-party platforms including Google Play and the Apple App Store. Your use of those platforms is governed by their respective terms of service. We are not responsible for those platforms and have no control over their policies or availability.
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- ANY WARRANTY THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY GTO STRATEGY, RANGE DATA, OR TRAINING CONTENT WITHIN THE APP.
Poker strategy is inherently probabilistic. GTO approximations are mathematical models, not guarantees of outcome. No poker training tool, including this App, can guarantee improved results at the poker table. You use the App’s strategic content at your own discretion and risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
- LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
- DAMAGES ARISING FROM YOUR RELIANCE ON ANY CONTENT OR STRATEGY WITHIN THE APP;
- DAMAGES RESULTING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF THE APP;
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WHERE LIABILITY CANNOT BE EXCLUDED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) TEN U.S. DOLLARS ($10.00).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above exclusions and limitations apply to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless us and our affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any applicable law or the rights of any third party.
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices.
We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice, and without liability to you. We also reserve the right to update these Terms at any time. When we make material changes, we will update the “Last Updated” date at the top of this document. Your continued use of the App following any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App.
We may suspend or terminate your access to the App at any time for any reason, including if we reasonably believe you have violated these Terms. Upon termination, the license granted to you under Section 4 will immediately cease. Sections 5, 8, 9, 10, 14, and 15 shall survive termination of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of [YOUR STATE], United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of the App shall be resolved exclusively in the state or federal courts located in [YOUR COUNTY / STATE], and you consent to the personal jurisdiction of such courts.
Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
No Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations freely.
Your Custom Web Design Inc.
Email: support@ycwdesign.com