Welcome to Preflop Shark. These Terms of Service ("Terms") govern your access to and use of our poker training application, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using Preflop Shark, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all users of the Service, including without limitation users who are browsers, customers, and contributors of content.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

2. Eligibility

You must be at least 18 years of age to use Preflop Shark. By using the Service, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations
• All information you provide is accurate and truthful
• You will not use the Service for any illegal or unauthorized purpose

We reserve the right to refuse service, terminate accounts, or cancel subscriptions at our sole discretion.

3. Account Registration and Security

Account Creation

To access certain features of Preflop Shark, you must create an account. You may register using Google OAuth or by providing an email address and password. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

Account Responsibility

You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You must immediately notify Preflop Shark of any unauthorized use of your account or any other breach of security.

Preflop Shark will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4. Acceptable Use Policy

You agree to use Preflop Shark only for lawful purposes and in accordance with these Terms. You agree NOT to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate Preflop Shark, a Preflop Shark employee, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
• To use any robot, spider, or other automatic device to access the Service for any purpose without our express written permission
• To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• To attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service
• To reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service
• To share, sell, or distribute your account access or training materials to third parties
• To use the Service for cheating in actual poker games or for any form of real-money gambling

5. Intellectual Property Rights

Our Content

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, training materials, poker ranges, algorithms, and the design, selection, and arrangement thereof) are owned by Preflop Shark, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use. This license does not include any right to:

• Reproduce, distribute, modify, or create derivative works of the Service or its content
• Copy, reproduce, or download any preflop ranges, training materials, or proprietary algorithms
• Use the Service for any commercial purpose or for the benefit of any third party
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices

Trademarks

The name "Preflop Shark" and all related names, logos, product and service names, designs, and slogans are trademarks of Preflop Shark or its affiliates or licensors. You must not use such marks without our prior written permission.

6. Subscription and Payment Terms

Free Trial

We may offer a 14-day free trial for new users. During the trial period, you will have access to the full features of the Service. No credit card is required for the free trial. At the end of the trial period, your access will be limited unless you choose to subscribe to a paid plan.

Subscriptions

After your free trial, you may choose to subscribe to a paid subscription plan. Subscription fees will be billed on a recurring basis (monthly or annually, depending on your chosen plan) until you cancel your subscription.

Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period, and you will continue to have access to the Service until that time. We do not provide refunds for partial subscription periods.

Price Changes

We reserve the right to modify our pricing structure at any time. We will provide you with reasonable advance notice of any price changes. If you do not agree to the price change, you may cancel your subscription.

7. User-Generated Content

Saved Ranges and Custom Content

You may create, save, and store custom poker ranges and training configurations within the Service. You retain ownership of any original content you create. However, by creating and storing content on our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and display your content solely for the purpose of providing the Service to you.

Content Responsibility

You are solely responsible for your user-generated content. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any user-generated content.

8. Disclaimers and Limitation of Liability

No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Service will meet your expectations
• Any errors in the Service will be corrected

No Gambling Guarantee

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PREFLOP SHARK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Poker playing results or gambling losses

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO PREFLOP SHARK IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9. Indemnification

You agree to defend, indemnify, and hold harmless Preflop Shark and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your violation of any rights of another party
• Your use of the training materials in actual poker games

10. Account Termination

Termination by You

You may terminate your account at any time by contacting us at support@preflopshark.com or through the account settings in the application. Upon termination, your access to the Service will cease.

Termination by Us

We reserve the right to suspend or terminate your account and access to the Service, without prior notice or liability, for any reason, including if you:

• Breach these Terms
• Engage in fraudulent or illegal activity
• Violate our Acceptable Use Policy
• Fail to pay subscription fees
• Engage in conduct that we determine, in our sole discretion, to be harmful to other users or to our business interests

Effect of Termination

Upon termination of your account, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Dispute Resolution

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 provisions.

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Preflop Shark individually. To the fullest extent permitted by law, you agree that:

• No arbitration or proceeding shall be joined with any other
• There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures
• You will not participate as a class member in any class action lawsuit against Preflop Shark

Exceptions

Notwithstanding the above, either party may seek equitable relief in court for the infringement or other misuse of intellectual property rights.

12. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources, including Google OAuth and Supabase. These links are provided for your convenience only. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Your use of third-party services is subject to the terms and conditions and privacy policies of those third parties.

13. Responsible Gaming

Preflop Shark is an educational tool designed to help you improve your poker skills. If you choose to use these skills in real poker games, please practice responsible gaming:

• Only play with money you can afford to lose
• Set limits on your playing time and spending
• Never chase losses
• Seek help if you believe you have a gambling problem

Resources for problem gambling:

• National Council on Problem Gambling: 1-800-522-4700
• Gamblers Anonymous: www.gamblersanonymous.org

14. Geographic Restrictions

The Service is intended for users in jurisdictions where poker training and education is legal. You are responsible for ensuring that your use of the Service complies with all applicable local, state, national, and international laws and regulations.

We make no representation that the Service is appropriate or available for use in all locations. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

15. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Preflop Shark regarding the use of the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Preflop Shark.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.