1. LEGAL IDENTIFICATION

POKSTATS, a Société à Responsabilité Limitée Unipersonnelle (EURL) incorporated in France with a registered capital of €1,000, listed in the Rennes Trade and Companies Registry under the identification number 980845499.

Registered Office

Company address: 8 Square de la Grande Charbonnière, Apartment 12bis, 35700 Rennes, France

VAT Identification Number

FR90980845499

Contact Information

Email : antoine@pokstats.com

These Terms of Service ("Terms") govern the interaction between POKSTATS, a Société à Responsabilité Limitée Unipersonnelle (EURL) registered in France with a capital of €1,000 and its official domicile at 8 Square de la Grande Charbonnière, Apartment 12bis, 35700 Rennes, France, and any individual or entity ("User") registered to use the services offered through POKSTATS' online platform ("Platform") accessible via the website (https://www.pokstats.com) or the downloadable desktop application at the following link: https://www.pokstats.com/download.

Hereinafter, POKSTATS and the User may be individually referred to as "Party" and collectively as "Parties."

These Terms define the framework under which the User may access and use the Platform.

Unconditional acceptance of these Terms is required for registration on the Platform. By registering, the User confirms having read, understood, and fully accepted these Terms.

2. PLATFORM ACCESSIBILITY

Enrollment Procedure

To initiate registration on the Platform, the User must accurately and completely fill out all designated fields in the registration form. Fields requiring the transmission of the User's information to POKSTATS are explicitly highlighted during the registration process.

The User affirms they are capable of entering into a binding contract. Any User deemed a minor under the relevant jurisdiction is expressly prohibited from using the Services.

Account creation may be carried out via the email address provided to POKSTATS and a secure password chosen by the User, or via a third-party connectivity module. For security reasons, Users are advised to choose a complex password comprising various character types and to update it regularly.

The username and password are proprietary credentials and must not be disclosed to third parties. All actions performed on the Platform under the User's credentials will be presumed to have been executed by that specific User. POKSTATS shall not be held liable for any fraudulent use of the User's account by a third party.

In the event of unauthorized disclosure of login credentials, the User must visit https://www.pokstats.com/forgotPassword to generate a new password.

To modify their email address, the User may send an email to the contact email address above.

Platform Accessibility

Users assume full responsibility for providing the necessary IT and telecommunication infrastructure to access the Platform. POKSTATS will make every reasonable effort to maintain uninterrupted access to the Platform 24/7.

POKSTATS reserves the unilateral right, without obligation of prior notice or compensation, to temporarily or permanently interrupt the operation of the Platform for essential maintenance.

Additionally, POKSTATS retains the discretion to implement any modifications or enhancements to the Platform deemed appropriate.

3. PLATFORM SERVICES

The Platform offers Users the ability to search for statistics on online poker players. By entering a player's username, Users can access their profit graph as well as various statistics. Users can also download the desktop application, which provides additional services (not exhaustive), such as automatic table detection and displaying player statistics at the table in a HUD (Head-Up Display) overlay on poker tables. The list of online poker platforms supported by the desktop application is available on the download page.

4. FINANCIAL CONDITIONS

Subscription and Pricing

Access to the Platform and the use of certain features may require a paid subscription as defined on the dedicated page, accessible at https://www.pokstats.com/account/billing.

Using the Platform without a subscription, as well as some subscription models, may include usage restrictions such as search limits or access to specific features. These restrictions are explicitly stated on the relevant subscription page.

Subscription Duration and Renewal

The User subscribes to a subscription for a specified period, hereinafter referred to as the "Initial Period." Upon the expiration of the Initial Period and each subsequent consecutive period, the subscription will be automatically renewed for an identical duration, unless terminated early in accordance with the provisions outlined in these Terms and Conditions.

Payment Specifications

Subscription fees are expressed in Euros (€), inclusive of all taxes. Subscription fees apply from the date of the User's order confirmation.

Payment Processing and Security

POKSTATS has delegated financial transactions associated with User payments to Stripe, certified PCI DSS Level 1. Stripe's terms of service are defined here: https://stripe.com/fr/legal/ssa.

Default on Payment

In case of non-compliance with payment obligations, the User's access to the features included in their subscription plan will be immediately suspended.

The User confirms to POKSTATS that they have the necessary authorizations to use the payment method chosen when validating their order. Payment for the service will be debited from the User's account upon order processing. POKSTATS will take rigorous measures to ensure the security and confidentiality of the data transmitted online. Payment processing will be exclusively managed by the Payment Service Provider, which will have sole access to the User's financial information entered during payment. POKSTATS reserves the right to postpone any order and associated service provision in case of payment authorization refusal by a recognized financial institution or in case of non-payment.

Discount

No discount will be granted for early payment.

5. USER OBLIGATIONS

Users agree to provide accurate and valid information, including but not limited to their email, first name, last name, and address during registration and payments.

Users are expressly prohibited from engaging in the following activities unless prior written authorization is obtained from POKSTATS:

• Posting or transmitting content through the Platform that is illegal, threatening, defamatory, obscene, discriminatory, or in violation of these Terms and Conditions or applicable law.
• Engaging in activities that harm the performance or functionality of the Platform or any other computer system or network used by POKSTATS or a third party, or that negatively affect other users of the Platform.
• Uploading or distributing any software, material, or routine containing malicious elements such as viruses, Trojans, worms, or any other destructive feature.

Users are reminded that under Articles 323-1 and subsequent of the French Penal Code, offenses related to unauthorized system access, data modification, or system obstruction are punishable by up to five (5) years of imprisonment and fines of up to €150,000.

POKSTATS commits to promptly addressing any clearly illegal use of the Platform that infringes on a third party's rights. Consequently, Users (i) accept that their use of the Platform may be immediately suspended, temporarily or permanently, and (ii) indemnify POKSTATS against any liability, cost, or damage resulting from such non-compliant use of the Platform.

6. LICENSE FOR PLATFORM USE

Grant of License

POKSTATS hereby grants the User a global, non-exclusive, non-transferable, and non-sublicensable right to use the Platform for the duration of the User's active account on said Platform.

Restrictions

Unless explicitly authorized in writing by POKSTATS, the User shall abstain—and prevent any third party acting on their behalf, including but not limited to employees, agents, affiliates, and subcontractors—from:

• Decompiling, disassembling, or reverse engineering the Platform, or attempting to discover its source code, underlying ideas, algorithms, file formats, or interoperability features, except as permitted under Article L. 122-6-1 of the French Intellectual Property Code. If the User wishes to obtain information to facilitate interoperability of the Platform with other software, they must request this information from POKSTATS. POKSTATS reserves the right to provide such information subject to the payment of associated fees by the User.
• Correcting, with or without third-party assistance, any defects in the Platform to make it conform to its intended use. This right is exclusively held by POKSTATS in accordance with Article L. 122-6-1 I 2° of the French Intellectual Property Code.
• Removing or modifying any notice, label, or reference regarding the intellectual property rights of POKSTATS or any third party.
• Transferring, using, or exporting the Platform in a manner that violates applicable laws.
• Integrating, associating, or amalgamating the Platform with any other software or document, or creating derivative works based in whole or in part on the Platform.
• Engaging in any activity with the Platform other than those explicitly authorized by these Terms and Conditions.

7. INTELLECTUAL PROPERTY

All content not uploaded by the User, including data, features, text, titles, images, photos, graphics, trademarks, and sound elements, are the proprietary assets of POKSTATS or its authorized licensors. These Terms and Conditions do not transfer ownership or licensing rights to POKSTATS's intellectual property. No part of the Platform may be downloaded, reproduced, modified, removed, disseminated, published, transmitted, or exploited in any way without the explicit written consent of POKSTATS or its authorized licensors.

8. THIRD-PARTY SITES AND CONTENT

The Site may contain (or you may be redirected via the Site to) links to other websites ("Third-Party Sites") as well as articles, photographs, texts, graphics, images, designs, music, sounds, videos, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). These Third-Party Sites and Third-Party Content are not reviewed, monitored, or checked for accuracy, relevance, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site nor for any Third-Party Content posted on, available through, or installed from the Site, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies. The inclusion, linking to, or permission to use or install any Third-Party Sites or Third-Party Content does not imply our approval or endorsement. If you decide to leave the Site and access Third-Party Sites or to use or install any Third-Party Content, you do so at your own risk and should be aware that these Terms of Use no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any website you navigate to from the Site or regarding any applications you use or install from the Site. Any purchase you make through Third-Party Sites will be through other websites and companies, and we disclaim any liability in connection with such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Sites, and you release us from any liability for any harm caused by your purchase of such products or services. Additionally, you release us from any liability for any loss you sustain or harm caused to you in connection with or resulting in any way from Third-Party Content or any contact with Third-Party Sites.

Any mention and/or reproduction on this Site of third-party distinctive signs, and in particular third-party trademarks, is made as a necessary reference to indicate the purpose of a product or service offered by the Company. The intellectual property rights on these signs remain the exclusive property of their respective owners, who have no specific connection with the Company.

9. WARRANTY AND LIMITATION OF LIABILITY

Both Parties mutually acknowledge that POKSTATS acts solely as a hosting provider for the content accessible via its Platform. As such, POKSTATS is under no general obligation to monitor or control said content.

To the fullest extent permitted by applicable law, POKSTATS disclaims all warranties, express or implied, to Users. POKSTATS does not guarantee the uninterrupted or error-free operation of the Platform, nor does it guarantee the absence of software bugs. While POKSTATS makes every effort to ensure data completeness and reliability, it cannot be held liable for any inaccuracies in the data provided. The User explicitly acknowledges the inherent risks of data transmission over the Internet, including, but not limited to, delays, losses, interceptions, and data corruption. Consequently, any confidential information transmitted by the User over the Internet is done at their own risk.

To the fullest extent permitted by applicable law, the User agrees that the Platform is provided "as is" and that POKSTATS shall not be liable for any direct or indirect damages resulting from the use of the Platform. Thus, the User explicitly waives any right to seek damages. If POKSTATS is subject to any financial penalty for any reason, the Parties explicitly agree that the amount of such penalty shall not exceed the total amount actually paid by the User for the last six (6) months of their subscription. Both Parties agree that this limitation represents a reasonable allocation of risks based on their respective commitments under these Terms and Conditions.

Subject to the constraints of applicable laws, the User may only hold POKSTATS liable for a breach of these Terms and Conditions within one (1) year from the date the breach occurred. The User explicitly acknowledges and agrees to this limitation.

10. TERMINATION

The User reserves the right to terminate their subscription by sending an email to antoine@pokstats.com or directly through the features provided on the Platform. This termination will take effect at the expiration of the current subscription term.

If the User wishes, they may formally request POKSTATS to delete their account.

POKSTATS is expressly authorized to (i) suspend the User's access to the Platform or certain of its features or (ii) unilaterally terminate the User's account without the need for prior notice, formalities, or compensation, by electronic means or standard mail under the following conditions:

• The User's use of the Platform is deemed contrary to public order or commonly accepted moral principles.
• Violation by the User of the intellectual property rights of POKSTATS or any third party.
• Loss, misuse, unauthorized or suspected fraudulent use of the username and password, or suspected fraudulent payment activity by the User.
• Creation, distribution, or provision via the Platform of illicit content or content in violation of these Terms and Conditions.
• Sharing their account, including sharing login credentials (email, password, cookies, authentication tokens, etc.), with a third party.
• Upon termination, the User is prohibited from using the Platform through their account, which will subsequently be closed.

POKSTATS reserves the right to suspend access to the Platform, temporarily or permanently, at any time. In the case of permanent suspension, the User will be informed through means determined at POKSTATS's discretion.

Neither POKSTATS nor any of its affiliates shall be held liable to the User or any third party for any termination or suspension of the User's account in accordance with the terms outlined in this Article.

11. MISCELLANEOUS

Amendment of Terms and Conditions

POKSTATS reserves the unilateral right to modify these Terms and Conditions at any time for any reason. Notification of such changes will be made via a popup upon loading the website as well as by updating the "Last Updated" date of these Terms and Conditions, accessible via the User's account and on the Platform. Users who do not expressly consent to the new Terms may request to terminate their accounts.

Force Majeure

The liability of Pokstats EURL cannot be enforced if the non-performance or delay in the performance of any of its obligations described herein results from a case of force majeure. In this context, force majeure refers to any external, unforeseeable, and irresistible event as defined by Article 1148 of the French Civil Code.

Electronic Evidence Agreement

The computerized records maintained in POKSTATS's secure systems will be accepted as evidence of communications, activities, transactions, and payments conducted on the Platform or via email.

Relationship Between Parties

Unless expressly stated otherwise, the Parties will remain independent entities. Nothing herein creates a partnership, joint venture, or principal-agent relationship between them.

Severability

If any provision herein is deemed invalid or unenforceable by a competent court, the remaining provisions shall remain in effect. The invalid provision will be replaced with a legally permissible provision that closely reflects the original's intent and financial impact.

12. GOVERNING LAW

These Terms and Conditions shall be construed, interpreted, and governed by the laws of the French Republic.

Any disputes arising from or in connection with the formation, interpretation, performance, and/or termination of these Terms and Conditions shall fall under the exclusive jurisdiction of the Commercial Court of Rennes, regardless of the number of defendants.