Terms of Service

Introduction

Welcome to PokerIQ! These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Strategy9, Inc. ("Strategy9," "we," "us," or "our") governing your access to and use of PokerIQ, our poker room management software platform.

1. Definitions

• "Agreement" means these Terms of Service, our Privacy Policy, and any Master Services License Agreement (MSLA) or other written agreement between you and Strategy9.
• "Authorized Users" means your employees, contractors, and agents authorized to access and use PokerIQ under your account.
• "Customer Data" means all data, content, and information that you or your Authorized Users submit, upload, or transmit through PokerIQ, including player data, tournament information, game records, and marketing materials.
• "Documentation" means the user guides, help documentation, and other materials we provide for PokerIQ.
• "Service" or "PokerIQ" means our poker room management software platform, including all features, functionality, websites, APIs, and documentation.

2. Account Registration and Access

2.1 Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of your organization. By using PokerIQ, you represent and warrant that you meet these requirements.

2.2 Account Creation

To access PokerIQ, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorized access or security breach
• Be responsible for all activities that occur under your account

2.3 Account Security

You are solely responsible for maintaining the security of your account and password. Strategy9 will not be liable for any loss or damage arising from your failure to comply with this security obligation.

3. License Grant and Restrictions

3.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, Strategy9 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use PokerIQ during the subscription term solely for your internal business purposes in operating your poker room.

3.2 License Restrictions

You agree not to:

• Copy, modify, or create derivative works of PokerIQ
• Reverse engineer, decompile, disassemble, or attempt to discover the source code of PokerIQ
• Rent, lease, lend, sell, sublicense, assign, distribute, or transfer your rights to PokerIQ
• Use PokerIQ to develop a competitive product or service
• Remove, alter, or obscure any proprietary notices on PokerIQ
• Use PokerIQ in violation of any applicable laws or regulations
• Access PokerIQ through automated means (except as authorized by us)
• Interfere with or disrupt the integrity or performance of PokerIQ
• Attempt to gain unauthorized access to PokerIQ or related systems

4. Service Description

4.1 PokerIQ Features

PokerIQ provides poker room management functionality including:

• Real-time game and table management
• Player tracking and database management
• Tournament management and automation
• Progressive web application (PWA) for players
• Waitlist and queue management
• Marketing and promotional tools
• Analytics and reporting
• Integration capabilities with existing systems

4.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of PokerIQ at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of PokerIQ.

5. Customer Data and Responsibilities

5.1 Your Data Rights

You retain all rights, title, and interest in and to your Customer Data. You grant Strategy9 a limited license to use, process, and store your Customer Data solely to provide and improve PokerIQ.

5.2 Your Data Responsibilities

You are solely responsible for:

• The accuracy, quality, and legality of your Customer Data
• Obtaining all necessary rights, permissions, and consents to collect and process Customer Data
• Complying with all applicable laws regarding data collection, use, and privacy
• Maintaining backups of your Customer Data
• Your Authorized Users' use of PokerIQ and compliance with these Terms

5.3 Prohibited Content

You agree not to submit, upload, or transmit Customer Data that:

• Infringes any intellectual property rights or other rights of any third party
• Contains viruses, malware, or other harmful code
• Is unlawful, defamatory, obscene, pornographic, or otherwise objectionable
• Promotes discrimination, hatred, violence, or illegal activities
• Violates any applicable laws or regulations

6. Fees and Payment

6.1 Subscription Fees

Fees for PokerIQ are set forth in your Master Services License Agreement (MSLA), order form, or invoice. All fees are exclusive of taxes, duties, and similar charges, which you are responsible for paying.

6.2 Payment Terms

Unless otherwise specified in your MSLA, all fees are due upon invoice and payable within 30 days. Late payments may be subject to interest charges of 1.5% per month or the maximum rate permitted by law, whichever is less.

6.3 Fee Changes

We may change our fees upon 30 days' notice. Continued use of PokerIQ after the effective date of the fee change constitutes acceptance of the new fees.

7. Intellectual Property Rights

7.1 Strategy9 IP

Strategy9 and its licensors own all rights, title, and interest in and to PokerIQ, Documentation, and all related technology, including all intellectual property rights. These Terms do not grant you any ownership rights in PokerIQ.

7.2 Trademarks

"PokerIQ" and "Strategy9" are trademarks of Strategy9, Inc. You may not use these trademarks without our prior written permission.

7.3 Feedback

If you provide us with feedback, suggestions, or ideas about PokerIQ, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such feedback without any obligation to you.

8. Warranties and Disclaimers

8.1 Strategy9 Warranties

We warrant that PokerIQ will perform substantially in accordance with the Documentation under normal use. This warranty is void if the failure is caused by misuse, unauthorized modifications, or factors beyond our reasonable control.

8.2 DISCLAIMER OF WARRANTIES

9. Limitation of Liability

10. Term and Termination

10.1 Term

These Terms commence on the date you first access PokerIQ and continue until terminated in accordance with this Section.

10.2 Termination for Convenience

Either party may terminate these Terms by providing 30 days' written notice to the other party. Termination does not relieve you of your obligation to pay fees for the remainder of your subscription term.

10.3 Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party materially breaches these Terms and fails to cure within 30 days of notice.

10.4 Effects of Termination

Upon termination:

• Your license to use PokerIQ immediately terminates
• You must cease all use of PokerIQ
• Strategy9 will make your Customer Data available for download for 30 days
• All fees owed become immediately due and payable

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

11.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or PokerIQ shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in Las Vegas, Nevada.

11.3 Class Action Waiver

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law provisions.

13. Contact Information

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