Terms of Service

The services will be provided by Deepsolver sp. z o.o. with its registered office in Warsaw, ul. Chmielna 28B/2, 00-020 Warsaw, tax identification number: 525-28-22-945, registration number (KRS): 0000841313, ("Deepsolver" or the "Company"). These Terms of Service ("TOS") apply to services provided through the plogenius.com site and through its mobile version (the "Website").

These TOS represent a binding contract between you and the Company, and by actively checking the mandatory tick-box, creating an account or otherwise accessing the services offered through the Website, you expressly agree to be bound by them. If you do not agree to be bound by the TOS, you may not use or purchase the Service.

Our services

The Website is used to:

provide you with information about our business and services;
enable creation of a user account;
provide services in the form of personalized content (poker training materials, tutorials, poker playing functionalities based on artificial intelligence, adjusted to your needs based on your skills);
process your payments for our services;

collectively to be referred to as "Services"

By using our services and accepting these TOS, you attest that you are of 18 years of age or older and have a full legal capacity to enter into a binding agreement with us. You can use our Services only in a way which is compliant with applicable provisions of law in your country of residence and Deepsolver shall not assume responsibility for use which is in breach of applicable laws. To be able to use our Services, you are required to create an account with us. In order to create an account, we require you to provide your e-mail address and a password ("Account Information").

The minimum technical requirements to use the Website and our Services are as follows:

Internet connection
the most up to date version of one of the following browsers with enabled cookies and JavaScript: Microsoft Edge, Mozilla Firefox, Google Chrome, Apple Safari, or other popular browser.
2 GB of RAM
Pentium 4 or newer processor that supports SSE2.

You are only authorized to view, copy, print, and distribute (but not modify) the content on the Website, provided that such use is only for noncommercial purposes.

Enabling cookies will help you make the most of your experience using the Website. For more information on cookies, please refer to our Privacy and Cookie Policy.

Through the Website you may be able to link to other websites which are not under the control of Deepsolver. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Intellectual Property and License

The Services are subject to protection under applicable intellectual property legislation and by accepting these TOS you agree to abide by such provisions. Without our prior written consent, you may not download, copy or store Service content in any form outside of the Services and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Service content.

We are providing you with access to Services pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. Unless agreed otherwise in a separate agreement, you can use our Services for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from Services by applicable law and your account is not terminated by us or by you. The company reserves all the rights, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Under the aforementioned license, you are prohibited from:

using our Services in a way that infringes applicable provisions of law, good practices or rights of third parties;
reverse engineering, disassembling or decompiling any part of our Services; you are not allowed to make attempts at identifying any source codes, algorithms, methods or techniques used or reflected in the Services provided;
modifying, translating, remaking, adapting, developing the Services or any source code which forms part of the Services, or otherwise creating derivative works in relation to the Services or any source code entailed;
conducting activity or using the Services in a way that may result in complaints, disputes, charges, penalties and other burdens to Deepsolver or third parties;
taking actions or omissions that may expose Deepsolver to credit risk, risk of fraud, breach of duties related to anti-money laundering and terrorist financing or other statutory obligations
making available or selling any of the results or other materials obtained through the Deepsolver platform.

Some features of our Services may either now or in the future allow you to post or submit content and materials for publication as part of our Services (“Your Content”). You assert that you own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer the Services or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we can always remove it.

Canceling Your Account

While we hope you enjoy using the Services, you may cancel your account at any time by contacting our customer support team or in the settings section (requires you to be logged in). For information about the availability of refunds, please review the following paragraphs on subscription plans and payment policies.

Although you are entitled to cancel your user account at any time, you acknowledge and agree that as a consumer you are not entitled to withdraw from the contract governing the provision of Services by us because:

we provide digital content which is not supplied on a tangible medium and you expressly consent that we begin the performance of the contract with you before the lapse of the 14 days’ withdrawal period;
you agree to lose your right to withdrawal once the contract has been fully performed by us (once you start using the services) and you expressly agree that we begin the performance of the contract before the lapse of the 14 days’ withdrawal period.

You thereby acknowledge that you lose your right of withdrawal.

Overview of Subscription Plans and Payments

We offer paid subscription plans, as well as one-off payments for our Services. We may also make available to you free of charge trial packages with limited functionalities. Depending on payment plan selected by you, your account will be charged monthly or once a year. The subscription charge will be due on the first day of each subscription period. Each subscription plan renews automatically, until you have cancelled your subscription.

For detailed information on payment plans and applicable charges, please visit the following website: plogenius.com/#pricing

You’re free to cancel your subscription at any time. The subscription will terminate at the end of the payment period the cancellation was requested. You will not be charged any further fees since subscription was terminated, however we will not refund you for the fee already charged.

Refund Policy and Complaints Procedure

If you are not satisfied with our Services or in case you encounter any problems, you can file a complaint in an electronic form by contacting our Customer Service team at support@plogenius.com. Your complaint will be examined as soon as possible, in any case no later than within 30 days of the date on which the Company received your complaint. Your complaint should include the description of the issue you encountered and the preferred solution to your problem. Our response to your complaint will be sent to the e-mail address from which the complaint was sent or to any e-mail address indicated by you. In the event that a refund is granted to you following your complaint, any refunds will be paid automatically to the account you used for payment. If you paid by credit card, the refund will be sent to your credit card account.

Renewals

All Service subscriptions renew automatically using the payment details on file for your account. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee.

The date that your subscription will automatically renew is provided on your Account page. You may cancel automatic renewal at any time before that date through your Account page or by contacting our Customer Service team at support@plogenius.com. This will stop future subscription charges from accruing to your account.

Pricing Change Policy

Our prices may change in the future. If the pricing for your subscription does change, we will notify you, and provide you with an opportunity to change or cancel your subscription, before applying those changes to your account or charging your payment details in connection with an automatic renewal.

Payment Information

By providing payment information to us, you agree that the payment information is valid and (1) in your name or (2) in the name of an individual who has authorized you to use their payment information for your subscription purchase.

If you provide someone else’s payment information, you agree that we may refund payment to that person if they so request and if the account is eligible for a refund under this Payment Policy. This may cause interruption to or termination of Services provided to you.

You are also obliged to provide us your country of tax residence or permanent residence, so we could use an appropriate tax rates.

Recurring Payments

Deepsolver is a subscription software and will continue until the subscription is cancelled. The subscription renews automatically on the monthly or yearly basis.

Restrictions and Prohibited Uses

We expect, that our users do not misuse our products and services. You shall not:

Attempt to impersonate another person or use another person’s login details without authorization;
Use or distribute Services for your own scientific or research purposes;
Violate or attempt to violate Services’ security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Service systems and networks;
Redistribute, decompile, reverse engineer, publish, or copy Services, including cracking its flash(.SWF) files;
Use Service for the purpose of creating a product with a substantially similar look, feel or design;
Access or search Services by any means other than our publicly supported interfaces (for example,“scraping”);
Interfere with others’ use and enjoyment of Services;
Use Services or any trademarks, game names, trade names, service marks, copyrights, or logos of the Company, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
Violate any third party’s rights, including intellectual property or privacy rights;
Threaten, stalk, harm, or harass others; or engage in activity in connection with the Services that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate or upload illegal or defamatory content through the use of Website or our services.

Engaging in prohibited uses gives ground for immediate termination of your account and may also expose you to civil or criminal liability.

You agree that we may send communications to your e-mail address for customer service, confirmations, newsletters, product offers and other matters.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE USE OF SERVICES IS AT YOUR OWN SOLE RISK AND THAT SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.

THE COMPANY STRIVES TO MAINTAIN SERVICES ON A COMMERCIALLY REASONABLE BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO SERVICES AT ALL TIMES.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO SERVICES FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO SERVICES; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF SERVICES; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.'

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. YOU UNDERSTAND THAT SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.

Indemnity

To the maximum extent permitted by applicable law, you will indemnify and hold harmless Deepsolver, its affiliates, officers and/or employees, including by paying costs and attorney’s fees, from any claim or demand made by any third party due to or arising out of your access to Services, Your Content, or the violation of the TOS by you.

General

Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.

Governing Law. To the extent permitted by applicable law, the TOS shall be governed by Polish law. The parties shall seek to resolve all the disputes or conflicts which may arise out of or in connection with these TOS amicably. If you are located in the EEA, as a consumer you have the possibility to use the European Commission’s Online Dispute Resolution system available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.

Change Policy. The TOS may be updated from time to time for an important reason, e.g. in case we materially change the way we operate or in response to legislative changes. If we make material changes, we will provide advance notice to you either by e-mail, by posting a notification upon logging in onto your account or by posting an updated TOS on the Website at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of Service following the effective date means that you agree with, and consent to be bound by, the updated TOS.

Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by the Company on Services, the TOS shall govern, unless otherwise indicated.