Terms of Service
Flop Hero provides a subscription-based poker analysis service that allows our members to analyze hand histories, develop strategies, and improve their poker skills through our online platform (“Flop Hero content”) accessible via Internet-connected devices.
The Flop Hero service is provided to you by Flophero US LLC. These Terms of Service govern your use of our service. As used in these Terms of Service, “Flop Hero service”, “our service” or “the service” means the poker analysis and training service provided by Flop Hero, including all features and functionalities, hand analysis tools, strategy modules, training components, our websites, and user interfaces, as well as all content and software associated with our service. References to ‘you’ in these Terms of Service indicate the member who created the Flop Hero account and whose payment method is charged.
1. Membership
1.1. Your Flop Hero membership will continue until terminated. To use the Flop Hero service you must have Internet access and a compatible device, and provide us with one or more Payment Methods for paid subscriptions. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, including credit cards, debit cards, and other payment methods we may accept. Unless you cancel your membership before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your Payment Method (see “Cancellation” below).
1.2. We offer a free plan with limited features and several paid subscription plans with varying conditions and limitations. You can find specific details regarding your Flop Hero subscription by visiting your account page. Some features may have different availability based on your subscription tier.
2. Promotional Offers
We may from time to time offer special promotional offers (such as discounts, extended trials, and other incentives), plans or memberships (“Offers”). Offer eligibility is determined by Flop Hero at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members with existing or recent Flop Hero memberships may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment, or your contact information to determine Offer eligibility
3. Billing and Cancellation
3.1. Billing Cycle: The subscription fee for the Flop Hero service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated in your account. The length of your billing cycle will depend on the type of subscription plan that you choose. We offer monthly and annual billing options, with annual subscriptions receiving a 25% discount. Your payment date may change if your Payment Method has not successfully settled, when you change your subscription plan, or if your paid subscription began on a day not contained in a given month.
3.2. Payment Methods: To use paid features of the Flop Hero service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to paid features until we have successfully charged a valid Payment Method.
3.3. Updating your Payment Methods: You can update your Payment Methods by going to your account page. We may also update your Payment Methods using information provided by payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
3.4. Cancellation: You can cancel your paid Flop Hero membership at any time, and you will continue to have access to paid features through the end of your billing period. Upon cancellation, your account will revert to the free plan with its associated limitations. To the extent permitted by applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods. Nothing in this section affects your right to a refund where required by law, such as during cooling-off periods in applicable regions. To cancel, go to your account page and follow the instructions for cancellation.
3.5. Changes to Price and Subscription Plans: We may change our subscription plans and the price of our service from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change, you can cancel your membership before the change takes effect.
3.6. Consumer Price Index Adjustments: Flop Hero may adjust subscription fees annually in line with changes in the Consumer Price Index (CPI). These adjustments:
– Will reflect general inflation trends;
– Will only apply to future billing cycles after the notice period;
– Do not affect your right to cancel your subscription before the changes take effect.
Nothing in this section overrides consumer rights under applicable local laws.
4. Subscription Plan Management
4.1. Account Limitations: Each Flop Hero account is limited to one user only. Account sharing is strictly prohibited. You may not provide others with access to your account credentials or allow multiple users to access the service through a single account.
4.2. Subscription Plan Changes: You may upgrade or downgrade your subscription plan at any time through your account settings. Changes to your subscription plan will take effect immediately, and billing adjustments will be handled as follows:
– Upgrades: You will be charged a prorated amount for the upgraded features for the remainder of your current billing cycle.
– Downgrades: You will retain access to higher-tier features until the end of your current billing cycle, after which your account will be adjusted to the new plan level.
– Feature Access: During subscription transitions, you will maintain access to the highest level of features you have paid for during the current billing period.
4.3. Grandfathering Policies: Existing subscribers may be grandfathered into their current pricing and feature set when we introduce new subscription tiers or modify existing ones. We will provide advance notice of any changes that may affect grandfathered accounts.
4.4. Subscription Notifications: We will notify you of subscription-related changes through multiple channels including email notifications to your registered email address, in-app notifications, and account dashboard alerts. It is your responsibility to maintain current contact information.
5. Flop Hero Service
5.1. You must be at least 18 years of age to become a member of the Flop Hero service.
5.2. The Flop Hero service and any content accessed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household unless otherwise allowed by your subscription plan. During your Flop Hero membership we grant you a limited, non-exclusive, non-transferable right to access the Flop Hero service and content. You agree not to use the service for any commercial purposes or in violation of applicable gambling or gaming laws.
5.3. The Flop Hero service is regularly updated. We therefore do not guarantee that particular features will be available at any given time. Different subscription plans provide access to different stake levels and features as specified in your plan details.
5.4. Some analyzed hands and data may be available for download or export depending on your subscription plan. Limitations apply, including restrictions on the amount of data that can be exported and the time period for which data remains accessible.
5.5. You agree to use the Flop Hero service in accordance with all applicable laws, rules and regulations.
IMPORTANT: You explicitly agree NOT to use Flop Hero’s analysis tools, strategy modules, or any real-time solving features while actively playing online poker or in any live poker game. Such use constitutes cheating and may violate the terms of service of poker platforms and applicable laws. Except as explicitly authorized by us, you agree not to:
(i) use the service while actively engaged in poker play on any online poker platform or in live games;
(ii) share your account credentials with others or allow unauthorized access to your account;
(iii) upload hand histories that you do not have the right to analyze or that belong to other players without permission;
(iv) use any automated means to access the service or attempt to overwhelm our servers;
(v) reverse engineer, decompile, or attempt to extract source code from our software;
(vi) use the service to develop competing poker analysis tools or services;
(vii) upload, post, or transmit any material designed to interrupt, destroy or limit the functionality of the service;
(viii) engage in any activity that could harm the integrity of poker games or constitute unfair play;
(ix) use the Flop Hero service, its outputs, analysis results, or any content generated by our service to train, improve, or develop any machine learning models, artificial intelligence systems, or automated decision-making tools, whether for internal or external use.
We may terminate or restrict your use of our service if you violate these Terms of Service or engage in prohibited use of the service.
6. Data and Privacy
6.1. You are responsible for the hand histories and data you upload to our service. By uploading hand histories, you represent that you have the right to analyze such data and that the data does not violate any third-party rights
6.2. We store and analyze your uploaded hand histories to provide our services. You may delete your hand histories at any time through your account settings. You may also request deletion of your data in accordance with applicable privacy laws, including GDPR.
6.3. We collect and store personal information including your name, email address, and account details as described in our Privacy Policy. You may opt out of marketing communications at any time.
6.4. Your analyzed hands and strategies remain accessible to you as long as you maintain an active account, even if you downgrade your subscription plan.
7. Account Access and Security
You are responsible for any activity that occurs through your Flop Hero account. Account sharing is strictly prohibited. You should maintain control over your account credentials and not reveal your password to anyone. While you may share individual hand analyses or strategies through our sharing features, you may not provide others with access to your account. You agree to provide and maintain accurate information relating to your account. We can terminate your account or place your account on hold to protect you, Flop Hero, or our partners from fraudulent activity.
8. Subscription Plan Limitations
8.1. Free Plan users are limited to analyzing 50 hands per day and have access to basic features only.
8.2. Low Stakes Plan users can analyze unlimited hands but are restricted to hands with blinds up to specified limits as detailed in the plan description.
8.3. Mid Stakes Plan users can analyze hands up to mid-stakes limits as specified in the plan description.
8.4. High Stakes Plan users have access to analyze hands at all stake levels without restrictions.
8.5. Strategy and training modules may have stake-based restrictions depending on your subscription plan.
9. Intellectual Property
9.1. Flop Hero’s Intellectual Property: The Flop Hero service, including but not limited to the software, algorithms, analysis methods, user interface, graphics, text, code, and all other content and materials provided by Flop Hero, are the exclusive property of Flophero US LLC and are protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our service or software, nor may you reverse engineer or attempt to extract the source code of our software.
9.2. User-Generated Content and Strategies: You retain ownership of any original strategies, analyses, notes, or other content that you create using the Flop Hero service (“User Content”). However, by using our service, you grant Flop Hero a limited, non-exclusive, royalty-free license to:
– Store, process, and display your User Content as necessary to provide the service
– Use aggregated, anonymized data derived from User Content for service improvement and research purposes
– Display your User Content if you choose to share it publicly through our sharing features
9.3. Shared Strategies and Content: When you share strategies or content through Flop Hero’s sharing features:
– You retain ownership of your original strategy
– You grant other users a limited license to view and learn from your shared content
– You may not share strategies that infringe on third-party intellectual property rights
– You may not claim ownership of strategies or methods that are commonly known in poker strategy
9.4. Restrictions on User Content: You agree not to:
– Upload or share content that infringes on others’ intellectual property rights
– Attempt to reverse engineer or extract Flop Hero’s proprietary algorithms or methods
– Use the service to develop competing poker analysis tools or services
– Share or distribute strategies in ways that circumvent our subscription model
– Claim proprietary rights over fundamental poker concepts or widely-known strategies
9.5. Protection of Proprietary Information: Flop Hero’s analysis algorithms, mathematical models, and computational methods are proprietary and confidential. You agree not to attempt to discover, reverse engineer, or replicate these methods for any purpose outside of your permitted use of the service.
9.6. DMCA and Copyright Infringement: If you believe that content on our service infringes your copyright, please contact us with a detailed notice including:
– Identification of the copyrighted work claimed to be infringed
– Identification of the infringing material and its location on our service
– Your contact information and a statement of good faith belief that the use is unauthorized
– A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner
We will respond to valid DMCA notices in accordance with applicable law.
10. Prohibited Uses and User Conduct
10.1. Prohibited Uses: You may not use Flop Hero for any unlawful purpose or in any way that could:
– Constitute cheating in poker games
– Violate the terms of service of online poker platforms
– Harm the integrity of poker games
– Provide unfair advantages during active play
– Violate applicable gambling laws or regulations
– Infringe on the rights of other players or poker platforms
10.2. User Conduct: When using any shared features of our service (including strategy sharing, community features, or any social elements), you agree to:
– Treat other users with respect and courtesy
– Not engage in harassment, abuse, or toxic behavior
– Not post offensive, discriminatory, or inappropriate content
– Not spam or repeatedly post irrelevant content
– Respect the intellectual property and privacy of other users
– Report any inappropriate behavior through our reporting mechanisms
We reserve the right to remove content and suspend or terminate accounts for violations of these conduct standards.
11. Service Availability and Performance
11.1. Service Interruptions: The Flop Hero service may experience interruptions, downtime, or performance issues due to maintenance, updates, technical problems, or factors beyond our control. We do not guarantee uninterrupted service availability and such interruptions are not grounds for compensation, refunds, or service credits unless required by applicable law.
11.2. No Service Level Agreement: Unless separately agreed in writing, we do not provide any service level agreements or uptime guarantees. We will make reasonable efforts to maintain service availability but disclaim any liability for service interruptions or performance issues.
12. Warranties and Limitations on Liability
The Flop Hero service is provided “as is” and without warranty or condition. In particular, our service may not be uninterrupted or error-free. Flop Hero does not guarantee the accuracy of poker analysis or strategic recommendations. All analysis should be considered educational and for improvement purposes only. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
Liability Cap: Our total liability under these Terms will not exceed the amount paid by you to Flop Hero in the 12 months preceding the event giving rise to the claim.
Indemnification: You agree to indemnify and hold Flop Hero harmless from any third-party claims, damages, losses, or expenses (including reasonable attorneys’ fees) resulting from your breach of these Terms, misuse of the service, or violation of any law or third-party rights.
13. Termination
We may terminate your account if you violate these Terms of Service, engage in prohibited uses of the service, or if we reasonably believe your use of the service violates applicable laws or the integrity of poker games.
14. Governing Law and Disputes
14.1. These Terms of Service shall be governed by and construed in accordance with the laws of Wyoming, United States, without regard to conflict of law principles. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
14.2. Arbitration: Any disputes arising from these Terms of Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
Opt-Out Right: You may opt out of this arbitration provision by sending written notice to [email protected] within 30 days of accepting these Terms. If you opt out, this arbitration provision will not apply to you, but all other parts of these Terms will continue to apply.
Exceptions: This arbitration provision does not apply to disputes that may be brought in small claims court or disputes relating to intellectual property, data security, or privacy.
Fallback Jurisdiction: If arbitration is not enforceable in your jurisdiction or if you have opted out of arbitration, disputes will be resolved exclusively in the state and federal courts located in Wyoming, United States, and you consent to personal jurisdiction in such courts.
15. Changes to Terms of Service
Flop Hero may, from time to time, change these Terms of Service. In case of material changes, we will notify you at least one month before such changes apply to you. If you do not wish to accept the changes, you can cancel your membership before they take effect.
16. Contact Information
For questions about these Terms of Service or our service, please contact us at [email protected] or through our support channels available on our website.