Terms and Conditions

Términos y condiciones

Last updated: May 22nd, 2023

Please read these terms and conditions carefully before using Our Platform.

Interpretation and Definitions

Interpretation

Capitalised words have the meanings as set out below. The terms have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Platform or parts of our Platform.

Country refers to: United Arab Emirates

Compañía (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to AlgoSoftware DMCC.

Device means any device that can access the Platform such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Platform.

Orders mean a request by You to purchase Services from Us.

Platform means the application entitled “Flophero”.

política de privacidad means our privacy policy that is accessible from the Platform.

Service means the training, techniques and knowhow that are provided through the Platform.

Términos y condiciones (also referred to as Terms) mean these Terms and Conditions that, together with the Privacy Policy, form the entire agreement between You and the Company regarding the use of the Platform.

Third-party Social Media Website means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available via the Platform.

You means the individual accessing or using the Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable.

Acknowledgment

These Terms and Conditions govern the use of the Platform and constitutes the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Platform.

Your access to and use of the Platform is conditional on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all persons who access or use the Platform.

By accessing or using the Platform You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Platform.

You represent that you are over the age of 18. The Company does not permit those under the age of 18 to use the Platform.

Your access to and use of the Platform is also conditional on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Platform and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Platform.

Your Use of the Platform

You may only use the Platform for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Platform. The Platform is strictly for educational purposes only, and is intended solely for users to develop game playing techniques and strategy. It is not to be used nor is it intended to facilitate, directly or indirectly, any actual game play (whether or not for financial gain).

Without limiting the generality of the foregoing, when accessing the Platform, or using any of the Services available on the Platform, you may not:

(a) post or transmit false, inaccurate, misleading, defamatory, or libelous content (including but not limited to during the user account registration process);

(b) violate any laws, regulations, third party rights or policies, such as third party’s intellectual property rights;

(d) transfer or otherwise make your user account (including your username and password) available to another party without prior written consent from us;

(e) distribute spam, bulk electronic communications, chain letters, pyramid schemes or any similar content on the Platform;

(f) distribute viruses or any other technologies that may harm Us and/or the Platform, or the interests or property of other users of the Platform;

(g) collect information of other users of the Platform, including, but not limited to, their email addresses and usernames; or

(h) otherwise incur any liability to the Company or the Platform.

You may not copy, modify, distribute, sell, or lease any part of the Platform. You may not reverse engineer or attempt to extract the source code of, or data from, the Platform. You may only access the Platform strictly through the interfaces that we provide to you for that purpose (for example, you may not “frame” any part of the Platform), and you may not interfere with or attempt to disrupt the operation of the Platform in any way.

You are responsible for compliance with any and all local laws that are applicable based on the jurisdiction from which you may choose to access the Platform. You may not access the Platform from a jurisdiction where use of the Platform is prohibited.

You may not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Our systems or networks, or any systems or networks connected to the Platform or to Us.

We reserve the right to restrict or terminate your access to, or use of, the Platform or any feature or part of it at any time if you breach these Terms and Conditions or for any other reason whatsoever without notice.

Service

The Service available through the Platform is an educational and interactive application that facilitates analytics and training to help users improve their card game strategy.

Placing Orders for Service

By placing an Order for Service through the Platform, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Service available on the Platform, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

Service availability
Errors in the description or prices for Services
Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We may update Our offerings of Service on the Platform from time to time. The Service available on Our Platform may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Service on the Platform and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

We reserve the right to revise the prices for the Service at any time prior to accepting an Order.

The prices quoted may be revised by Us subsequent to accepting an Order in the event of any occurrence beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

Payment can be made through various payment methods, depending on where You are located. We have available, those payment methods supported by Stripe and PayPal in Your country.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Promotions

Any Promotions made available through the Platform may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Platform.

You are responsible for safeguarding the password that You use to access the Platform and for any activities or actions under Your password, whether Your password is with Our Platform or a Third-Party Social Media platform.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You agree not to share access to or use of your account with any other person. You agree that the account is for your personal use only.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Platform and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Platform is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade name may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Platform may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Platform will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Platform or contact us via email in the following email address: [email protected].

Limitation of Liability and Indemnity

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its Affiliates under any provision of these Terms and Conditions and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Platform or 100 USD if You haven’t purchased anything through the Platform.

To the maximum extent permitted by applicable law, in no event shall the Company or any of its Affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Platform, third-party software and/or third-party hardware used with the Platform, or otherwise in connection with any provision of these Terms and Conditions), even if the Company or any of its Affiliates has been advised of the possibility of such damages.

You agree to hold harmless and indemnify Us, Our parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to Your use of the Platform, including, but not limited to, those brought by You or on Your behalf in excess of the liability described above, or by third parties as a result of Your breach of these Terms and Conditions, Your violation of any applicable laws or the rights of any third parties, or Your use of the Platform.

“AS IS” and “AS AVAILABLE” Disclaimer

The Platform is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Platform will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Neither the Company nor any of its Affiliates makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Platform, or the information, content, and materials or products included thereon; (ii) that the Platform will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Platform; or (iv) that the Platform, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You but in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

These Terms and Conditions are subject to and shall be construed under and in accordance with the laws of the Dubai International Financial Centre, Dubai, United Arab Emirates (“DIFC”).

Disputes Resolution

The courts of the DIFC shall have exclusive jurisdiction to determine any disputes arising out of these Terms and Conditions. Subject to the foregoing, if You have any concern or dispute about the Platform, You agree to first try to resolve the dispute informally by contacting the Company.

By using the Platform, You expressly consent to the choice of Governing Law and Dispute Resolution and You irrevocably and unconditionally waive, to the fullest extent You may legally and effectively do so, any objection You may now or hereafter have on the basis of forum non conveniens.

Severability and Waiver

Severability

If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Electronic Communications

To fulfil our obligations to you under these Terms and Conditions, we may wish to communicate with you by email, other electronic messaging and/or by posting notices on the Platform. You agree to receive communications from us electronically and that these electronic communications will satisfy any legal requirement for communications which need to be in writing.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Platform. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Platform after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Platform.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: [email protected]