Terms of Use

1. Who these terms are between

1.1 The service described below is operated by Governor, referred to here as Governor, or as we and us. Written notice reaches us at support@governorpoker.app.

1.2 You means the individual who creates an account and uses the service. You must be at least 18 years old, and at least the age of majority where you live.

1.3 By creating an account, and again whenever we publish a new revision of these terms, you are asked to accept them. Access is not granted until you do. We record the fact of your acceptance, the moment it was given, and the exact revision you accepted.

2. What the service is

2.1 The service is a poker study and training tool for the ClubGG platform. It has two parts: a macOS application that you install on your own computer, which we call the client; and a server that we operate, which performs the analysis.

2.2 How it works, stated plainly because you are entitled to know before you agree: the client captures the screen of your computer, identifies the poker table shown on it, sends the recognised state of the table to the server, and displays the server's assessment in a small window on top of your screen.

2.3 The client does not modify, patch, hook into, inject code into, or communicate with the ClubGG application. It does not press buttons, move your mouse, type, or act on your behalf in any way. Every action taken in the poker client is taken by you, by hand.

2.4 The service requires an internet connection. If the server cannot be reached, the client displays nothing. There is no offline mode and no local substitute for the analysis.

3. Permitted use, and your responsibility

3.1 The service is provided for training, study and educational purposes.

3.2 You alone are responsible for playing honestly and for complying with the terms of service, rules and policies of ClubGG and of any club, table or tournament you play in; with the rules of any other operator, platform or venue you use; and with the law of the country you are in.

3.4 You must not:

• use the service in any game, table or event where the operator prohibits external assistance, unless you have that operator's written permission;
• share, resell, sublicense or redistribute your account, your access, the client, or the output of the service;
• copy, decompile, reverse engineer or attempt to extract the models, weights or logic of the service, except where that restriction is void under the law that applies to you;
• use the service on behalf of anyone else, or allow anyone else to use your account;
• use the service to build, train or supply a competing product;
• attempt to bypass, disable or falsify the subscription check or the device limit;
• use the service in a way that is unlawful where you are.

3.5 Cooperation with a platform. We may receive requests from ClubGG or from another operator concerning a user of the service. We reserve the right to suspend or terminate your access on such a request, at our discretion and without refund, and to confirm to the requesting operator that access has been terminated. Section 8 sets out how termination works, and the page for poker operators sets out what we do and do not do when such a request arrives.

4. Your account

4.1 Sign-in is through Google only. We do not issue or store passwords.

4.2 One account is for one person. A subscription may be used on two Macs, one at a time. Macs are bound to your account by a hardware fingerprint, so reinstalling does not use up a slot, and moving a slot to a different Mac is done by writing to us. Section 7.1 of the Public Offer sets out the detail.

4.3 You are responsible for everything done through your account, and for the security of the Google account you sign in with.

4.4 Give us accurate information. If you sign in with an address you do not control, we may be unable to reach you and may be unable to restore access.

5. Payment

5.1 There are two plans, and an account is on exactly one of them at a time: USD 800 per calendar month, or USD 100 per day, where a day is a rolling 24 hours from the moment it is paid for. There is no free trial. Pay-as-you-go costs 3.75 times more per day than the monthly plan, the break-even point is eight days, and from the ninth day the monthly plan is cheaper. The full comparison is in the Public Offer.

5.2 Payment is made in cryptocurrency, to a deposit address generated for and permanently assigned to your account. Money you send becomes account balance, and the arrival of that money starts no period by itself. Section 3.5 of the Public Offer lists the three things that do start and charge a period, and you should read it before you play. The full terms of sale, renewal, top-ups and refunds are in the Public Offer, which forms part of the agreement between us.

5.3 Cryptocurrency payments cannot be reversed by us. Please read the refund section of the Offer before you pay.

6. The client software and updates

6.1 We grant you a personal, non-exclusive, non-transferable, revocable licence to install and run the client on devices you control, for as long as your subscription is active. We do not sell you the software; you subscribe to a service.

6.2 The client requires macOS permission to record the screen. That permission gives the client the ability to see everything displayed on your screen. What the client does with that access is described in the Privacy Policy. You can revoke the permission in macOS System Settings at any time; the client will then stop working.

6.3 Updates are voluntary. We publish new versions of the client from time to time and will tell you when one is available. Whether to install it is your choice. We do not force updates and we do not switch older clients off: your access does not depend on which version you are running.

6.4 If we ever need to retire a particular version, because it no longer works against a changed poker client or because of a security problem, we will say so and publish a replacement.

6.5 We may change, suspend or discontinue any part of the service. If we discontinue the service entirely, the refund provision in the Offer applies.

7. No guarantee of results

7.1 We do not promise that you will win money, break even, improve, or achieve any result whatsoever. No statement made by us, on this site, in the client, or anywhere else, is a promise of profit, income or performance.

7.2 Poker involves chance and the risk of financial loss. Any money you stake is staked by you, at your own risk, on your own judgement. The service produces assessments that may be wrong, incomplete, based on misread information, or unsuitable for your situation.

7.3 The client reads your screen using computer vision. It can and does misread the table. It may report the wrong cards, the wrong pot, the wrong stack or the wrong number of opponents, and it may therefore produce an assessment that is wrong for the situation actually in front of you. Check what is on your own screen before you act. You act on your own judgement, never on ours.

7.4 The service is provided as is and as available, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement, to the maximum extent permitted by the law that applies to you.

8. Suspension and termination

8.1 By you. You may stop using the service at any time and may close your account. The subscription is not refunded for the remainder of a paid month unless the Offer says otherwise.

8.2 By us. We may suspend or terminate your access, with or without notice:

• for non-payment;
• for breach of these terms;
• on the request of ClubGG or another operator, under section 3.5;
• where we reasonably believe that continued access exposes us to legal risk;
• at our discretion, in which case we refund the unused part of the current paid period on a pro-rata basis.

8.3 We record the reason for every termination, from a fixed list: non-payment, request by a venue, decision of Governor, abuse, other.

8.4 Termination does not entitle you to a refund except as stated in the Offer.

9. Liability

9.1 To the maximum extent permitted by the applicable law, we are not liable for:

• money you lose, or fail to win, at poker or anywhere else;
• action taken against you by ClubGG or any other operator, including account closure, confiscation of balances and withheld winnings;
• your inability to use the service, downtime, or missed advice;
• indirect, incidental, special, consequential or punitive damages, or loss of profit, revenue, data or goodwill.

9.2 Where liability cannot be excluded, our total liability to you is limited to the amount you paid us in the three months before the event giving rise to the claim.

9.3 Nothing in this section excludes liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot be excluded by the law that applies to you. Consumer protection law in your country may make parts of sections 9.1 and 9.2 unenforceable, and where it does, those parts do not apply to you.

9.4 You indemnify us against claims brought against us arising from your use of the service in breach of these terms or in breach of a platform's rules. This does not apply where the law that protects you as a consumer says otherwise.

10. Privacy

10.1 The Privacy Policy describes what we collect and why. It forms part of these terms.

10.2 Two points are important enough to repeat here:

• The client stores full screenshots of your screen on your own computer. Those screenshots contain whatever else was on your screen at that moment, including other players' names and avatars. They stay on your machine and are not uploaded.
• We receive from your client a structured record of the hands you play with the client running: your cards, the board, the pot and stack sizes, the assessment given, and the timing of your decisions.

11. Changes to these terms

11.1 We may publish new revisions. Each revision has an identifier, for example tos/v2, and a publication date, and we keep a fingerprint of the exact published text so that a document cannot be altered after the fact without it being visible.

11.2 For a material change we will ask you to accept the new revision before you continue using the service, and we may allow a short grace period during which the client keeps working while you have not yet accepted. For a correction that does not change your rights, your existing acceptance continues to apply.

11.3 Superseded revisions remain available. Ask at the address in section 13 and we will send you the exact text you accepted.

12. Law and disputes

12.1 We sell worldwide and we do not impose one country's courts on you. These terms are governed by the law of the country where you habitually reside, and you may bring proceedings there.

12.2 A choice-of-law clause does not remove consumer protection. A consumer in the European Union or the United Kingdom generally keeps the mandatory protections of their own country and, in most cases, the courts of that country, whatever this section says.

13. General, and how to reach us

13.1 If a provision is unenforceable, the rest stands.

13.2 These terms, the Public Offer and the Privacy Policy are the whole agreement between us.

13.3 You may not assign your rights. We may assign ours on a transfer of the service, on notice to you.

13.4 Our failure to enforce a provision is not a waiver of it.

13.5 Write to us at support@governorpoker.app. Requests from a poker operator are handled as described on the page for poker operators.