Sign In

Last updated on December 14, 2024

Terms and Conditions

About Us

The company MERCERON Alexis - POKER TOOLKIT (hereinafter the "Company") is a sole proprietorship, with its registered office at 19 Place du Président Kennedy, 49100 Angers, France (848 971 453 R.C.S. Angers). The Company offers its Users through its Website the following services: Poker game training and poker learning tools.

Preamble

The Website invites Users to carefully read these Terms and Conditions of Sale and Use (hereinafter "T&Cs"). Creating an account implies acceptance of the T&Cs. The photographs or graphics presented on the Website are not contractually binding.
The T&Cs define the conditions under which the Website intends to provide its services.
They are systematically communicated to any User who requests them.
In case of subsequent modification of the T&Cs, the User is subject to the version in force at the time of their last acceptance of the T&Cs.

Definitions

  • "Customer" refers to the person who has placed an Order for a Product sold on the Website;
  • "Order" refers to any order placed by the registered User on this Website;
  • "Terms and Conditions of Sale and Use" or "T&Cs" refers to these general terms of use and online sale;
  • "Consumer" refers to the Customer who is not acting for professional purposes and/or outside their professional activity;
  • "Products" refers to the material things that can be appropriated and are offered for sale on this Website;
  • "Website" refers to this website, namely poker-toolkit.com/en;
  • "Company" refers to MERCERON Alexis - POKER TOOLKIT, more fully described in Article I hereof;
  • "User" refers to any legal entity or natural person who uses this Website;
  • "Services" refers to any technical operation performed on this Website;

General Terms of Use

Registration

Registration on the Website is open to all adult legal entities or natural persons with full legal personality and capacity.
Use of the Website is conditional upon User registration. Registration is free.
To register, the User must complete all mandatory fields; otherwise, registration cannot be completed.
Users guarantee and declare on their honor that all information communicated on the Website, particularly during registration, is accurate and truthful. They commit to updating their personal information from the dedicated page available in their account.
Each registered User has login credentials. These are strictly personal and confidential and must not be communicated to third parties under any circumstances, under penalty of deletion of the offending registered User's account. Each registered User is personally responsible for maintaining the confidentiality of their login credentials. The Company shall not be held responsible for any identity theft of a User. If a User suspects fraud at any time, they must contact the Company as soon as possible.
Each User may only hold one account on the Website.
In case of non-compliance with the T&Cs, including the creation of multiple accounts for a single person or the provision of false information, we reserve the right to proceed with the temporary or permanent deletion of all accounts created by the offending User.
Account deletion results in the permanent loss of all benefits and services acquired on the Website.
If an account is deleted by the Website for breach of duties and obligations set forth in the T&Cs, the offending User is formally prohibited from re-registering on the Website directly, through another email address, or through an intermediary without express authorization.

Products and Prices

The Products subject to these T&Cs are those that appear on the Website and are sold and supplied directly by the Company.
The Products are described on the corresponding page within the Website, and all their essential characteristics are mentioned. Sales are made subject to the Company's available stock. The Company cannot be held responsible for stock shortages or the inability to sell a Product that is out of stock.
When a registered User wishes to acquire a Product sold by the Company through the Website, the price shown on the Product page is in USD, excluding taxes and shipping costs. The final price displayed by our payment processor takes into account any applicable discounts in effect on the day of the Order. The indicated price does not include delivery charges, which will be detailed where applicable in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quote explaining the price calculation formula.
Under no circumstances may a User demand the application of discounts that are no longer in effect on the day of the Order.

Modifications

The Company reserves the right to modify the Website, the T&Cs, as well as any delivery procedure or other element constituting the services provided by the Company through this Website.
The User is subject to the provisions set forth by the T&Cs in force at the time of placing the Order or at the time of renewal of their subscription.

Data Protection and Privacy

In accordance with GDPR and data protection regulations, the personal data requested from the Customer is strictly necessary for Order processing.
This data may be shared with partners involved in Order fulfillment. The User may therefore receive information or commercial offers from the Company or its partners.
This data processing has been registered with the relevant data protection authorities.
In accordance with data protection regulations, the Customer has the right to access, rectify, and object to their personal data at any time by writing, with proof of identity, to the following address: POKER TOOLKIT, 19 Place du Président Kennedy, 49100 Angers, France or by email: rgpd@poker-toolkit.com. Users can opt out of receiving commercial offers at any time by writing to the address indicated above or by clicking on the link provided for this purpose in received emails.
To provide Users with optimal navigation on the Website and better functioning of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie allows the storage of information relating to navigation on the Website, as well as any data entered by Users.
The User expressly authorizes the Company to place a "cookie" file on the user's hard drive.
Users have the ability to block, modify the retention period, or delete these cookies through their browser interface. If the systematic deactivation of cookies in the User's browser prevents them from using certain services or features of the Website, this malfunction shall not constitute damage for the member who cannot claim any compensation for this.

Liability

The Company cannot be held liable for the unavailability, whether temporary or permanent, of the Website, and although it implements all means to ensure continuous service, it may be interrupted at any time. Furthermore, the Company reserves the right to voluntarily make the Website unavailable to perform any update, improvement, or maintenance operations.
As previously mentioned herein, the Company cannot be held liable for delivery delays due to reasons beyond its control, independent of its will, unforeseeable and insurmountable, or for which fault cannot be attributed to it.
Moreover, as the Website is still in an "Early Access" version, we cannot be held responsible for any data loss.
The Website only provides tools to the User. The Company commits to implementing means to facilitate the understanding of Poker; in no case does the Company commit to guaranteeing any financial gain.

Intellectual Property

All elements of the Website are and remain the exclusive intellectual property of the Company.
No one is authorized to reproduce, exploit, or use, in any capacity or in any way, in whole or in part, any elements of the Website, whether they are software, visual, or audio elements.
Any content posted online by the User is their sole responsibility. The User agrees not to post content that may harm the interests of third parties. Any legal action taken by an injured third party against the site will be the responsibility of the User.

Jurisdiction

The law governing these T&Cs is French law. Any dispute that may arise between the Company and a User during the execution of these terms will be subject to an attempt at amicable resolution. Failing this, disputes will be brought to the attention of the competent courts of common law in Angers, France.

Acceptance of Terms and Conditions

The Customer or User expressly accepts these T&Cs.
The Customer declares having knowledge of them and waives the right to invoke any other document, particularly their own general terms of purchase.
For the French version of the service, the Consumer acknowledges having been informed of the information required under Articles L.111-1 to L.111-7 of the French Consumer Code, and specifically:

  • the essential characteristics of the Product;
  • the price of Products (displayed excluding taxes);
  • the date or deadline by which the Company commits to providing the Service;
  • information relating to the Company's identity (postal and electronic contact details);
  • information relating to legal and contractual warranties and their implementation;
  • the possibility of using conventional mediation in case of dispute;
  • information relating to the right of withdrawal (timeframe, terms of exercise).

General Terms of Sale

Purpose - Enforceability

  1. The Company provides its customers with the website poker-toolkit.com/en, namely a platform for poker game training and poker learning tools, hereinafter referred to as "POKER TOOLKIT Platform".
    These general terms apply automatically to any service provided by the Company within the framework of the POKER TOOLKIT Platform (hereinafter "Services"), to any buyer (hereinafter "Customer"), who accepts them and acknowledges having full knowledge thereof and consequently waives the right to invoke any contradictory document, particularly their own general terms of purchase. Therefore, placing an order implies the Customer's full and unreserved acceptance of and adherence to these general terms, excluding all other documents of the Customer or the Company such as brochures, catalogs, etc., which have only indicative value.
  2. No document other than these terms may create obligations binding the parties or derogate from these terms unless made in writing signed by the parties or mentioned in the contract formed.
  3. The Customer accepts that the Company may reasonably modify these general terms subsequently and that their relationship will always be governed by the latest terms in force on the day of the order or subscription renewal.

Website Registration

The Customer's registration on the POKER TOOLKIT Platform, in accordance with the provisions of the general terms of use of the POKER TOOLKIT Platform, is mandatory before ordering any Services. Any Customer registration on the site implies unreserved acceptance of said general terms of use.

Contract Formation

  1. After logging in using their confidential login credentials, Users by default have free access. If they wish to benefit from premium access, Customers must select their desired access duration on the POKER TOOLKIT Platform by clicking on the corresponding button.
  2. With premium access, Customers will have access to the following features throughout their access period:
    • Work with, consult, and review their hand ranges, fully customizable by the User by clicking on "Ranges" in the main menu.
    • Import certain Push or Fold hand ranges from Jennifear's MTT Push/Fold Charts into custom ranges by clicking on "Push or Fold" in the side menu.
    • Calculate equity in different Poker situations by clicking on "Analysis" in the main menu.
    • Estimate equity in different Poker situations by clicking on "Analysis" in the main menu.
    • Organize, consult, and track their Poker game levels by clicking on "Mental" in the main menu.
    • Describe and consult their concentration profile by clicking on "Mental" in the main menu.
    • Organize, consult, and track their Poker game objectives by clicking on "Mental" in the main menu.
    • Estimate an applicable bankroll management example by clicking on "Mental" in the main menu.
  3. After reviewing the desired access duration, Customers must check the box accepting these terms and conditions. The payment will be processed through Lemon Squeezy LLC as the merchant of record. Once all required information has been validated by the Customer, they can confirm their choice by completing the purchase. This confirmation constitutes an electronic signature and has the same value between parties as a handwritten signature. The invoice will be recorded in the Company's computer records, which are kept on a reliable and durable medium, and will be considered proof of the contractual relationship between the parties. Once the invoice is recorded, the Company will send the Customer an acknowledgment by email.
  4. Unless proven otherwise, data recorded by the Company constitutes proof of all transactions.
  5. In any case, the Company reserves the right to refuse any order in case of an existing dispute with the Customer or total or partial non-payment of a previous order by the Customer. The Company's liability cannot then be engaged.
  6. The information available on the POKER TOOLKIT Platform is provided for informational purposes. The Company reserves the right to make modifications without altering the material quality or performance of the Services.
  7. The benefit of the Contract is personal to the Customer and cannot be assigned in any way without the prior written agreement of the Company.

Services

As part of using the POKER TOOLKIT Platform, Customers can order the Services described below. The Customer acknowledges that the POKER TOOLKIT Platform may evolve and that the Services could be adapted accordingly. Any removal of Services offered on the POKER TOOLKIT Platform will be notified to the Customer.

Financial Terms

  1. Prices are shown excluding taxes, in USD, and are detailed in the Contract. In exchange for the Services as described above, the Company will receive from the Customer a fixed amount for the selected access period, the amount of which is set by the Company according to its current offer rates available on the website or upon request.
  2. Prices are subject to change without notice. The Company will inform the Customer of any changes. Modified prices will then apply to future Customer purchases.
  3. The amount due for premium access is a fixed price. It is therefore due in its entirety on the day the Contract is formed and is payable through Lemon Squeezy LLC as the merchant of record as a one-time payment for the selected access period.
  4. The Customer chooses to pay for their order through Lemon Squeezy LLC and will be redirected to the payment page. Lemon Squeezy LLC's commercial terms are then applicable.
  5. Any amount not paid within the specified timeframe will incur interest at three times the legal interest rate and will result in the payment of a 40 euro fee for recovery costs. Late payment penalties are due from the first day of delay without any formal notice or reminder being necessary and will continue until full payment of all amounts due, including interest.
  6. The Customer may not invoke any cause to defer or modify the payment terms or proceed with a unilateral price reduction. In the event of non-payment within the specified timeframe and forty-eight (48) hours after an unsuccessful formal notice, the Company will have the right to demand immediate payment of the remaining balance, to suspend access to the POKER TOOLKIT Platform, without prejudice to claiming damages and/or termination or resolution of the Contract.
  7. Using the POKER TOOLKIT Platform will consume part of the data transmission plan subscribed to with the Customer's mobile and/or internet operator. Obtaining the corresponding information and payment of any fees charged by the Customer's operator are entirely their responsibility.

Warranties - Liability

  1. It is the Customer's responsibility to communicate their needs to the Company and ensure that the agreed characteristics correspond exactly to their expectations. The Customer is deemed to have perfect knowledge of the Services they acquire and acknowledges that they have been able to obtain information about those offered by the Company and that they understand them.
    The Company cannot be held liable to the Customer when the Services delivered conform to those ordered. Conformity with the order is assessed by reference to the Contract.
  2. In case of doubt about the interpretation of a clause or in the absence of a provision allowing precise determination of the extent of the Company's obligations, the Customer acknowledges that the Company's obligations shall be understood as obligations of means. The Company may always prevent liability action through compliance measures or replacement of a non-compliant Service.
    In all cases, subject to gross negligence or willful misconduct, the Company's liability shall not exceed the amount paid by the Customer for their access period at the time when the alleged non-performance occurred.
    The Company shall not under any circumstances be held liable for any intangible and/or indirect damage, including loss of business, loss of customers, loss of turnover, loss of data, moral or commercial damage, damage to brand image, monetary loss due to poker play or more generally, any monetary loss that the Customer may suffer. Any dispute by the Customer regarding the proper performance by the Company of its contractual obligations must be justified and be the subject of a registered letter with acknowledgment of receipt sent at the latest within one year of the alleged non-performance. Failure to do so constitutes a waiver by the Customer of the right to criticize the proper performance by the Company of its contractual obligations.

Confidentiality

The parties undertake not to disclose information of any kind brought to their attention by the other party in any way whatsoever and to use it only to fulfill the obligations arising from these terms. This confidentiality obligation shall survive the termination of this relationship for any reason whatsoever for a period of five (5) years. The parties shall take all necessary measures with regard to their personnel and partners to ensure the effectiveness of the obligation mentioned above and guarantee compliance with this confidentiality commitment by the latter.

Intellectual Property

  1. Unless expressly stated otherwise in the Contract, the Contract does not transfer any intellectual property rights attached to the Services to the Customer. The Company remains the owner of all intellectual property rights related to the Services provided under the Contract. Similarly, all plans, documents and technical data, notices, samples, or any other document provided to the Customer as part of the Contract execution by the Company, as well as any related intellectual property rights, remain the exclusive property of the Company.
    Consequently, through payment of the price as set forth in the Contract, the Customer only acquires a right to use the results of the Services that are protectable under the Company's intellectual property rights. For any other use, the Customer must contact the Company to define the terms, particularly financial ones. Hand ranges produced by the Customer may be used by the Company for anonymized statistical purposes.
  2. The Customer guarantees that all elements provided to the Company in the context of performing the Services do not infringe on third-party intellectual property rights. They indemnify the Company against any consequences of any nature (including procedural costs, attorney fees, damages and compensation...) in the event that the Company's liability is sought by a third party.

Personal Data

  1. The Customer is informed and accepts that by placing an order, the Company may store, process, and use the data mentioned in the order for processing purposes, in accordance with data protection regulations (GDPR). This information is strictly confidential and is intended only for the Company.
    The Customer has the right to access, rectify, and erase their personal data, the right to restrict processing, the right to object to processing, and the right to data portability. They can exercise these rights by contacting (rgpd@poker-toolkit.com). They also have the right to lodge a complaint with a supervisory authority. Finally, they have the right to set guidelines regarding the fate of their personal data after their death.
    The Customer's personal data may also be used for commercial prospecting by electronic means by the Company or its partner companies, subject to obtaining the Customer's prior and express consent in the latter case.
  2. The Company commits to respecting the processing conditions and/or destination of personal data communicated by the Customer or to which it will have access in the context of Contract execution. In particular, the Company commits not to exploit for its own account, transfer, and/or rent to third-party companies the personal data collected in the context of Contract execution.

Force Majeure

Initially, cases of force majeure within the meaning of Article 1218 of the French Civil Code will suspend the obligations of the Parties. In the event of such an occurrence, the parties will endeavor in good faith to take all reasonably possible measures to continue the execution of the Contract. If cases of force majeure or unforeseen circumstances last longer than sixty (60) days, the Contract may be terminated at the initiative of either party, without right to compensation on either side.

Right of Withdrawal

Due to the nature of the services provided, the Customer waives their right of withdrawal upon purchase of premium access.

Duration

Access to the POKER TOOLKIT Platform is granted by the Company to the Customer for the duration specified at the time of purchase. The access period begins from the moment of purchase completion through Lemon Squeezy LLC.

Early Termination - Consequences of Termination

The Company has the right to terminate and/or resolve the Contract, automatically, by registered letter with acknowledgment of receipt:

  • In case of total or partial non-performance of obligations by the Customer, particularly their payment obligation, confidentiality obligation, respect for the Company's intellectual property rights, and more generally, loyal execution of the Contract, seven (7) days after a formal notice sent by registered letter with acknowledgment of receipt remains unsuccessful and contains the Company's declaration of its intention to use the benefit of this clause, without prejudice to compensation for any direct and indirect damages that such termination may cause
  • In cases where, due to the nature of the unperformed obligation, it is not possible for the defaulting party to remedy it (example: breach of an obligation not to do something), the Contract may be terminated automatically by either party without notice and the Contract will end upon receipt of the letter notifying the termination.
  • In case of early termination of the Contract, the Company will be released from its obligation to deliver. It will refund on a pro-rata basis any amounts paid by the Customer for services not yet provided, except when the termination is motivated by Customer fault. The Company will not owe any compensation to the Customer.

Affiliate Program

  1. Program Overview
    We offer an affiliate program that allows approved participants to earn commissions by referring new customers to our services. By participating in our affiliate program, you agree to these terms and conditions.
  2. Enrollment and Approval
    All affiliate applications are subject to our review and approval process. We reserve the right to reject any application at our sole discretion. We may request additional information to evaluate your application.
  3. Commission Structure
    Commission rates are as displayed on our affiliate portal through LemonSqueezy. Commission rates may vary by product and can be up to 50% of the qualifying purchase. Commissions are only paid on verified, completed purchases. We use a last-referral attribution model, meaning the last affiliate to refer a customer before purchase receives the commission.
  4. Tracking and Attribution
    We use technical cookies to track referrals. The tracking cookie duration is 7 days from the initial referral. After the 7-day period expires, the referral link will no longer attribute sales to your affiliate account. Users may be tracked through cookies and other technical means to ensure proper attribution of referrals.
  5. Promotional Guidelines
    Affiliates must only promote our products and services in a truthful and accurate manner. False, misleading, or deceptive promotional practices are strictly prohibited. Affiliates must clearly disclose their affiliate relationship with us in their promotions. Only genuine customer testimonials and reviews may be used in promotional materials.
  6. Program Termination
    We reserve the right to modify, suspend, or terminate the affiliate program at any time. We may terminate individual affiliate relationships at our discretion, with or without cause. Reasons for termination may include violation of these terms, fraudulent activity, inappropriate promotional methods, or extended period of inactivity.
  7. Modifications
    We reserve the right to modify these affiliate program terms at any time. Continued participation in the program after such changes constitutes acceptance of the modified terms.

Applicable Law - Dispute Resolution

  1. All clauses in these general terms and all contractual operations referred to herein are subject to French law, excluding any international convention.
  2. The law governing these General Terms is French law. Any dispute that may arise between the Company and the Customer during the execution of these terms will be subject to an attempt at amicable resolution. Failing this, any dispute arising from the operations referred to in these General Terms, even in the case of multiple defendants or warranty claims, which is not resolved within thirty (30) days from its notification by the most diligent party, will be under the exclusive jurisdiction of the commercial court of Angers, which is expressly accepted by the customer.

General Provisions

  1. The fact that the Company does not invoke any of the provisions of these general terms at any given time cannot be interpreted as constituting a waiver of its right to invoke them later, particularly the fact of not claiming a late payment.
  2. The possible cancellation of one clause will not affect the validity of the other clauses herein.
  3. In case of dispute, the parties agree to consider email as an original writing constituting perfect proof and waive the right to contest this means of proof, except to discuss its authenticity.