Terms of use of ICMIZER Software

Date of publication on www.icmpoker.com 24 May 2018

These terms and conditions (the "Terms") represent an offer to enter into a contract (the "Agreement") on the terms and conditions specified below between the Right Holder (as this term is defined below) and each user (the "User"), hereinafter collectively referred to as "Parties", and individually as a "Party") that have accepted these Terms as prescribed below.

TERMS

"Bank Card" means a payment or credit card issued by the Issuing Bank representing a wire transfer instrument intended for the Card Holder to perform transactions with funds on his/her bank accounts opened in the Issuing Bank or with funds granted by the Issuing Bank as a credit to the Card Holder provided that such a payment or credit card can be used by the Card Holder to pay for Services of the Right Holder.

"Issuing Bank" means a credit institution that issues Bank Cards and also performs settlements on transactions performed using Bank Cards.

"Card Holder" means an individual who orders the Issuing Bank to transfer funds from the Bank Card on behalf of the User in favor of the Right Holder.

"Desktop Client" means software owned by the Right Holder, available for download at the following link: https://www.icmpoker.com/en/download/.

"Demo Access" means access to ICMIZER Software for trial purposes within the limits established by the Right Holder on the Site, the Mobile App and in the Desktop Client.

"Add-ons" means additional functionality and capabilities that allow using ICMIZER Software through the Mobile App purchased by the User using features of the corresponding Mobile App in accordance with the rules of the developers of Apple iOS and Google Android operating systems.

"Paid Access" means access to ICMIZER configuration and software version chosen by the User provided by the Right Holder after payment of the relevant Tariff.

"ICMIZER Software" means a bunch of software products (computer programs for computers) owned by the Right Holder the User is entitled to use in accordance with these Terms. ICMIZER includes the following products: ICMIZER, ICMIZER Replayer,ICMIZER Coach (ICMIZER Software configuration), the Site, the Mobile App and the Desktop Client, including all updates, additions and versions of these software products released by the Right Holder. The Right Holder determines which software products will be available through the Mobile App, the Site or the Desktop Client.

"Subscription" means a period for which the Right Holder grants to the User a right to use ICMIZER Software in the configuration chosen by the User, and for which the Right Holder provides Service to the User. Subscription can be provided for a month ("Monthly Subscription"), for three consecutive months ("Quarterly Subscription") and for a calendar year ("Annual Subscription"). A respective Subscription becomes effective from the time (date and month) of payment of the corresponding Tariff by the User and ends:

"Mobile App" means a mobile application owned by the Right Holder, downloaded and operating on mobile platforms (subscriber devices for mobile communication: smartphones or other similar devices) using operating systems Apple iOS or Google Android.

"Website" means web sites in the Internet information and telecommunications network located at the following addresses: www.icmizer.com, www.icmpoker.com.

"Services" means providing access to the server part of ICMIZER Software by using the Site, the Mobile App or the Desktop Client by the User, as well as related services related to providing access to ICMIZER Software.

"Account" means the User's login name used to identify the User when granting the User a right to use ICMIZER Software, assigned to the User upon registration on the Site.

"Tariffs" means the cost of providing the User with a simple non-exclusive license to use the selected version and configuration of ICMIZER Software, as well as the cost of Services indicated on the Site and in the Mobile App. Tariffs can be determined depending on the type of Subscription (Monthly Subscription, Quarterly Subscription, Annual Subscription). If access to ICMIZER Software is provided through the Mobile App, Tariffs may also represent the cost of Add-ons purchased by the User using the Mobile App.

"Recurring Write-offs" means the service for the implementation of regular automatic money transfers from the Bank Card of the Card Holder to the Right Holder for Services provided by the Right Holder and a right to use ICMIZER Software in accordance with these Terms on the basis of the Card Holder's pre-authorization in accordance with Tariffs.

SUBJECT MATTER OF THE AGREEMENT
On the Paid Access, the Right Holder undertakes to grant to the User a non-exclusive right (a simple non-exclusive license) to use ICMIZER Software configuration and software version chosen by the User within the limits and in the ways specified in clause 2.2 of these Terms and also provide Services, and the User undertakes to pay a consideration for the provision of this right and Services in accordance with Tariffs.
On the Paid Access, the User is granted a non-exclusive right to use ICMIZER Software (namely, the specific version and configuration selected by the User on the Site or in the Mobile App) in accordance with these Terms, in the order defined by these Terms, by reproduction limited to download, temporary recording and launching the program on the User's device or by using the Site, the Mobile App or the Desktop Client subject to authorization via the Account having the only aim of the legitimate use of ICMIZER Software solely for personal use and operation in accordance with its functional purpose.
On the Demo Access, the Right Holder undertakes to grant to the User a non-exclusive right (a simple non-exclusive license) to use ICMIZER Software within the limits and in the ways specified in clause 2.4 of these Terms and also provide Services on a gratuitous basis.
On the Demo Access, the User is provided with a non-exclusive right to use ICMIZER Software in the manner defined by these Terms by means of reproduction limited to downloading, temporary recording and launching the program on the User's device or by using the Site, the Mobile App or the Desktop Client in accordance with these Terms when login via the Account with the only aim of the legitimate use of ICMIZER Software solely for personal use and operation in accordance with its functional purpose. Restrictions on the use of ICMIZER Software in the Demo Access, including restrictions on the number of calculations of gamble combinations are indicated on the Site.
After registration, the User is entitled to Demo Access to ICMIZER Software. The provision of Paid Access to the User is effected immediately after the payment of the corresponding Tariff, irrespective of the User's actions to activate his/her Paid Access (by entering the activation key provided by the Right Holder). The User is aware that the commencement of the term of the relevant Subscription starts from the moment of payment of the corresponding Tariff, and not from the moment of entering the activation key and carries the risk that if the User activates his/her Subscription substantially later than the payment was made, he/she has no right to demand the extension of the term corresponding Subscription.
The Right Holder does not guarantee to the User the achievement of any result in connection with using ICMIZER Software, including certain outcomes in poker and a certain gain.
Access to ICMIZER Software is provided from anywhere in the world.


VALIDITY OF THE AGREEMENT
This Agreement is concluded through accepting this offer containing all the essential terms and conditions of the Agreement by the User.
The full and unconditional acceptance of these Terms and acceptance of this offer shall be confirmed by the User's acceptance to be made through registration in a special form posted on the Site or in the Mobile App. The existence of the concluded Agreement is also confirmed by the User's actions associated with using ICMIZER Software.
The User unconditionally agrees and acknowledges that statistical data generated by the Site, the Mobile App or the Desktop Client is the sufficient and legitimate confirmation of the fact of granting a right to use ICMIZER Software, of the fact of Services' provision, as well as any actions of the User on the Site, in the Mobile App or in the Desktop Client. The User confirms that the fact of giving a command (click or keystroke, input of information, etc or other actions) through the provided special user interface on the Site, in the Mobile App or in the Desktop Client using the Account means the implicative actions of the User, agreeing on the name, content, cost and terms of providing Services and granting a right to use ICMIZER Software or other activities associated with the User.
All actions performed using the Account are the actions of the User himself/herself, which is the indisputable proof of the will of the User to perform these actions.


PAYMENTS AND RETURNS
The User agrees to pay for a right to use ICMIZER Software and Services in accordance with Tariffs and payment terms presented to the User with respect to this Service on the Site, in the Mobile App or in the Desktop Client. The payment made by the User is non-refundable, unless otherwise is provided for in these Terms or required by law.
Tariffs can be changed by a unilateral decision of the Right Holder. The cost of the Subscription already paid by the User will not be changed.
To switch from the Demo Access to the Paid Access on a permanent basis, the User must pay for it in the ways suggested by the features available on the Site or in the Mobile App.
The date of payment of Tariff is the date of transfer of funds to the current account of the Right Holder. The Tariff payment obligations shall be deemed outstanding if the funds are returned to the User at the request of the payment institution.
Upon expiration of the validity period of the relevant Subscription (Monthly Subscription, Quarterly Subscription, Annual Subscription), it is automatically renewed for the Subscription period similar to the previous period (for month, quarter or year, respectively).
The User hereby acknowledges and agrees that upon payment of the Subscription from his / her Bank Card, Recurring Write-offs (via a payment program) will be made in the amount of Tariff for the subsequent Subscription periods. The User has a right to withdraw from the Recurring Write-offs at any time by performing the corresponding action on the Site or in the Mobile App or by contacting the Right Holder via e-mail.
Direct debiting of funds is carried out by the Issuing Bank on the basis of the User's pre-authorization to debit such amounts in the amount and within the term indicated on the Site and in the Mobile App.
The User guarantees that he/she is the Card Holder. He/she consciously, correctly and completely enters all the required Bank Card details when activating the Recurring Write-offs.
The User has a right to withdraw from the Recurrent Write-offs or to notify the Right Holder about his/her unwillingness to renew Tariff no later than 1 (one) day before the expiration of the relevant Subscription.
The User has a right to refuse to use ICMIZER Software and Services, and also to demand refunding the funds paid to the Right Holder for the current (valid at the time of contact with the Right Holder) Subscription and Add-ons provided that the following conditions are simultaneously met:
The current Paid Access is the first for this User and the User has not used the Subscription before;
The User uses a Quarterly or Annual Subscription;
The User has sent a notification to the Right Holder about his/her desire to refuse to use ICMIZER Software and Services during the first month of using the corresponding Subscription (for example, if the purchase of the Subscription took place on May 18, the User has a right to withdraw from the Subscription until 11:59:59 pm on June 17).
The Right Holder has the right at any time to change Tariffs by making changes to the relevant sections on the Site and in the Mobile App. For the User, such changes take effect only from the next Subscription.
In some cases, the rules for refund of funds paid by the User, as well as the rules for making payments when purchasing the Add-ons are governed by the rules of the developers of Apple iOS and Google Android operating systems.
The Right Holder has a right to involve any third parties (partners, processing services, banks, payment agents) for making settlements with Users.


USE OF ICMIZER SOFTWARE
The Right Holder grants the User a right to use ICMIZER Software in accordance with these Terms, provided that neither the User, nor any other persons, with the assistance of the User (directly or indirectly) and / or on behalf of the User, will carry out the following actions:
to copy or change ICMIZER Software;
to create a competing product or service, as well as for any other competitive purposes;
to create programs derived from ICMIZER Software;
to conduct a reverse engineering of ICMIZER Software to get source or object codes of ICMIZER Software;
to use ICMIZER Software for commercial purposes;
to modify ICMIZER Software, including, in order to obtain unauthorized access to it;
to create obstacles to normal operation of ICMIZER Software, including through attempts to hack, scan, robustness testing, deliberate increase in requests to servers used for the operation of ICMIZER Software;
to use any automatic systems or software to retrieve data from websites or other interfaces through which access to Services or ICMIZER Software is realized;
to misuse Services or ICMIZER Software, which implies the use that significantly exceeds the average statistical limits and adversely affects the speed, responsiveness, stability, availability or functionality of ICMIZER Software for other users. The Right Holder will try to notify the User about the facts of misuse in order to give the User the opportunity to limit the scope of use to an acceptable level for the Right Holder;
to register and use accounts with the help of "bots" or other automatic methods simulating the work of the User on the Site, in the Mobile App or in the Desktop Client;
to use the Account for working on the Site, in the Mobile App, the Desktop Client or with ICMIZER Software not belonging to this User; and
to take other actions similar to those listed above and violating the rights or interests of the Right Holder and third parties.
The User independently evaluates the legitimacy of using ICMIZER Software, including from the perspective of laws of his/her country of residence, or from the perspective of applicability of the terms and conditions of other services (poker rooms, poker applications, etc) to him/her. The User has a right to use ICMIZER Software, as well as Services only if the User has the authority to enter into the Agreement in accordance with these Terms. The User hereby represents and warrants that he/she will comply with all laws and regulations applicable to the User of Services and ICMIZER Software.
The Right Holder has a right at any time to prohibit using ICMIZER Software in case of breach of these Terms by the User, including any breach of clause 5.1 of these Terms.
The User has a right to make no more than 1,000 calculations of gamble combinations using ICMIZER Software per day, however, the Right Holder has the right, at its discretion, to grant the User the right to make more calculations of gamble combinations. The User is always entitled to request such an opportunity from the Right Holder by sending an e-mail.
A breach by Users or other persons of information security of the Site or ICMIZER Software, including the provisions of Clause 5.1 of these Terms and other provisions of these Terms, can be detected by the Right Holder using technical and software means of controls over using of the Site, Mobile Apps, Desktop Client and ICMIZER Software, as well as statistical, logging and other software and equipment of the Right Holder, as well as other information and data, including those received from other persons.
ICMIZER Software may include or be distributed with software provided under a free and open source license ("open source software") and with software that is licensed by third parties ("third-party software") under a separate license agreement for the use of software. Any such third-party software and open source software is provided to the User under the terms and conditions of a corresponding third-party software license / corresponding third-party software licenses. All third party software is provided to the User in the "AS IS" condition without any guarantees or guarantee of compensation of property damage of any kind.
Notwithstanding other provisions of these Terms, all software with open source code provided or sent to the User as well as third party software is provided in the "AS IS" condition and "with all deficiencies" in accordance with terms and conditions of applicable third party license agreement. The User agrees to comply with all terms and conditions of all such applicable licensing agreements for software with open source code.
Copyright notices and licensing terms applicable to third party software and other open source software are available on the following link: https://www.apache.org/licenses/LICENSE-2.0, https://www.gnu.org/licenses/old-licenses/lgpl-2.1.en.html, https://opensource.org/licenses/BSD-3-Clause, https://opensource.org/licenses/MIT


USER REGISTRATION AND USER ACCOUNT
A visitor wishing to become the User must undergo a registration procedure on the corresponding page of the Site. When registering, the User is assigned a login and a password chosen by him/her which are further used by the User when working with the Site, the Mobile App or the Desktop Client.
The User can only register once. At registration, the User is obliged to indicate the necessary reliable and up-to-date information for the creation of the Account.
Access to information provided on the Paid Access is allowed only to the corresponding registered Users who have paid the relevant Tariff and who have been granted a right to use the selected software configuration of ICMIZER Software in accordance with these Terms. The account cannot be transferred to other persons, and the User is fully liable for all the damage caused to the Right Holder or other persons arising as a result of intentional or unintentional transfer of the Account by the User to another person. The User is responsible for maintaining the confidentiality of the password and login for accessing the Account and any use of the Site, Mobile App or the Desktop Client through his/her Account.
The User is prohibited from registering using another's e-mail address, or an address the User is not entitled for these purposes.
The User is not allowed to use the Account of other users or provide information to access his/her Account to third parties. If the User becomes aware of unauthorized access to his/her Account, the User must immediately notify the Right Holder about it. Shared access to the Account is prohibited, and only one individual can use one Account. Until the User receives a notification that his/her login and password have become known to third parties, all actions and documents committed/executed by the User, even if such actions and documents were committed and directed by other persons, are deemed committed and directed by the User.
The Right Holder has a right to block or delete the Account of the User, as well as to prohibit access by using any Account to ICMIZER Software in case of breach by the User of any provisions of these Terms.


TERMINATION OF THE CONTRACT
The Right Holder has a right to repudiate this Agreement and terminate the User Account at any time at his discretion by notifying the User.
The User has a right to repudiate this Agreement at any time by sending a notice to the Right Holder.


AMENDMENTS TO THESE CONDITIONS
The Right Holder has a right at any time to make changes to these Terms. These changes shall come into effect from the moment of publication of the new version of the Terms on the Site.
The User undertakes to regularly familiarize himself/herself with the text of these Terms and bears the risk that the User has not been familiarized with the latest version of these Terms.


PERSONAL DATA
Information about the User shall constitute his/her personal data, as well as other data that the User is requested to indicate in the appropriate fields (both mandatory and non-mandatory) on the Site when registering and updating information about the User.
Processing of information about the User by the Right Holder is carried out for the purposes of performance by the Right Holder of his obligations towards the User and in order to exercise his rights in accordance with these Terms, including:
  • provision of Services by providing a right to use ICMIZER Software, the Site, the Mobile App or the Desktop Client;
  • sending notifications, requests and information regarding Services, contacting in any other way for the performance of his obligations in accordance with these Terms;
  • processing requests and applications from the User;
  • improvement of quality of Services, facilitating using the Site, Mobile App or Desktop Client, as well as the development of new services;
  • targeting of advertising materials;
  • sending any information messages, including advertisements;
  • conducting statistical and other research; conducting surveys.
The User, when registering on the Site or in the Mobile App or subsequently providing any data, including personal data, in accordance with Federal Law of 27.07.2006 No. "On Personal Data" gives his/her consent to the Right Holder for conducting of the following actions with all the provided personal data: collection, systematization, accumulation, storage, clarification (updating or modification), use, distribution, provision, blocking, destruction, as well as other actions related to processing of personal data for the above purposes. The term for the processing of personal data is determined on the basis of the need for the Right Holder to perform his obligations towards the User.
The User, when registering on the Site or in the Mobile App or subsequently providing of any data, including personal data in accordance with the Federal Law of 27.07.2006 No. "On Personal Data", expresses his/her consent to the Right Holder to the assignment by the Right Holder of processing of the User's personal data to third parties on the basis of concluded contracts with a view of exercising by the Right Holder of his rights and duties under this Agreement.
Using the Site, the Mobile App or the Desktop Client, the User agrees and accepts that the Right Holder reserves a right to use his/her personal data anonymously and in a generalized form for statistical purposes and for advertising targeting.
Using the Site, Mobile App or Desktop Client, the User grants his/her consent to processing of personal data in relation to the current connection session (statistical information):
  • User ID assigned by the Site, Mobile App or Desktop Client;
  • visited pages;
  • number of page visits;
  • information about navigation on the pages of the Site;
  • duration of the user session;
  • entry points (third-party sites from which the User lands on the Site via a link);
  • exit points (links on the Site used by the user to go to third-party sites);
  • the User's country;
  • the User's region;
  • time zone set on the User's device;
  • the User's provider;
  • the User's browser;
  • digital fingerprint of the browser (canvas fingerprint);
  • available browser fonts;
  • installed browser plug-ins;
  • WebGL browser settings;
  • type of media devices available on the browser;
  • availability of ActiveX;
  • list of supported languages ​​on the User's device;
  • architecture of the processor of the User's device;
  • the User's operating system;
  • screen parameters (resolution, color depth, page layout settings on the screen);
  • information on the use of automation tools when accessing the Site;
  • non-personalized information about data entry parameters, mouse movement parameters, key combinations used without saving user input.
This information is collected both by mechanisms of the Site, the Mobile App or the Desktop Client, and by mechanisms of third-party Internet services, including but not limited to:
  • LiveIntenet;
  • Rambler.top100;
  • ComScore;
  • TopMail.ru;
  • Google Analytics;
  • Yandex.Metrica;
  • Group-IB Secure Portal.

The specified information is collected in order to create statistics of use of the Site, the Mobile App and the Desktop Client and to maintain safety of the Site, the Mobile App and the Desktop Client.

In relation to Users, the Right Holder may also collect information about the use of ports on users' devices in order to identify suspicious activity and to protect Accounts.

The Right Holder has a right to change the list of used third-party Internet services without notification to the User.
By accepting these Terms, the User expresses his/her informed consent to receive advertising and newsletters from the Right Holder sent to the e-mail address specified by the User upon registration. The User has the right to revoke such consent at any time by notifying the Right Holder via e-mail.


FORCE MAJEURE
Neither Party shall be liable for any failure or partial failure to fulfill his/her obligations under this Agreement if such a failure is caused by force majeure circumstances beyond the reasonable control of the Parties, including fire, flood, earthquake, epidemic, epizootic, war, hostilities, blocking IP-addresses on the part of state bodies of any state or other actions of state bodies of any state connected with blocking the infrastructure of the Internet information and telecommunications network and other circumstances that can be attributed to majeure circumstances by applicable laws. The terms of fulfillment of obligations under this Agreement are deferred for the period of such circumstances.
If such circumstances continue for more than two weeks, the Parties must reach a solution acceptable to both Parties by negotiation.
In the event such circumstances continue for more than thirty (30) days, either Party shall have a right to terminate further performance of his/her obligations under this Agreement. In this case, neither Party will be entitled to claim damages caused by force majeure circumstances from the other Party.


APPLICABLE LAW
This Agreement shall be interpreted and subordinated to laws of the Russian Federation. The Right Holder acknowledges that laws in some jurisdictions grant consumers with legal rights that cannot be waived by contract or canceled by consumers. If the User is such a consumer, neither provision hereof limits any of these consumer rights.

SETTLEMENT OF DISPUTES
All disputes and disagreements that may arise out of or in connection with this Agreement, including those relating to its execution, violation, termination or invalidity, shall be resolved as far as possible through negotiations and consultations between the Parties.
If the Parties cannot agree on their disputes and disagreements, they shall be resolved in accordance with Russian procedural laws.


LIMITATION OF LIABILITY
The User acknowledges and agrees that the Right Holder is not responsible for using the results obtained with ICMIZER Software and in the process of providing Services when the User plays poker, nor does it give any guarantees or assurances regarding the future or possible gain and any result which the User will receive when playing poker using the results of ICMIZER Software or Services. The result of the work of ICMIZER Software and Services is of an informational nature and cannot be regarded as a guide for action by the User while playing poker and other games.
The User must independently determine the legitimacy of using ICMIZER Software in a particular situation, including if some Internet poker sites limit or prohibit the use of ICMIZER Software and similar programs. The Right Holder is not responsible for the use of the ICMIZER Software by the User in violation of applicable laws, User's agreements or terms of use of a particular Internet site or service.
The Right Holder is not responsible for temporary blocking or deletion of the User Account (termination of registration) carried out in accordance with these Terms.
The Right Holder undertakes to make reasonable efforts to ensure smooth operation of the Site, Mobile App or Desktop Client, however the Right Holder is not responsible for temporary failures and interruptions in the work of the Site, Mobile App or Desktop Client and information loss caused by them.
The Right Holder does not guarantee the availability of the Site, the Mobile App and the Desktop Client around the clock. The Site, the Mobile App or the Desktop Client may be partially or completely unavailable at some time or other due to maintenance or other works or for any other technical reasons, including as a result of a malfunction of the Internet network as a result of actions of third parties. The Right Holder has the right to conduct necessary maintenance or other works at one time or another at his discretion with or without prior notice to the User.
The Right Holder shall make every effort to eliminate any technical failures and errors, if any, within a reasonable time. At the same time, the Right Holder does not guarantee complete absence of technical errors and failures for reasons caused by a malfunction of equipment, or incorrect operation of the software or the software environment.
ICMIZER Software, the Desktop Client, the Site and the Mobile App, including all scripts, applications, content and design of the Site and Mobile App are provided "AS IS" and without any warranties. The Right Holder cannot guarantee and does not promise any specific results from using ICMIZER Software, the Site, the Mobile App or the Desktop Client.
Under no circumstances shall the Right Holder be liable to the User or to any third parties for any damage, including indirect, incidental, unintentional damage, including lost profits or lost data, damage to property, honor, dignity or business reputation caused by using ICMIZER Software, the Site, the Mobile App or the Desktop Client.
Under any circumstances, the liability of the Right Holder in accordance with Article 15 of the Civil Code of the Russian Federation is limited to 5,000 (five thousand) rubles of the Russian Federation.


PARTIES OF THE CONTRACT
The Right Holder is Mr Valentin Kuzub, an individual entrepreneur registered under main state registration number of an individual entrepreneur 315784700208911.
The User is any person who uses ICMIZER Software in anyway whatsoever.


FINAL PROVISIONS
The Right Holder constantly makes changes and improvements in ICMIZER Software. The Right Holder can add, change or delete features of the ICMIZER Software at any time without prior notice.
The User does not have a right to assign rights under this Agreement or to transfer debt without prior written consent of the Right Holder, who can refuse granting it at his own discretion. The Right Holder has a right at any time to effectuate the assignment of rights under this Agreement or transfer debt at his own discretion without notifying the User.
These Terms represent the entire agreement between the User and the Right Holder and replace any other preliminary or concurrent agreements, provisions, terms and conditions, stated either verbally or in writing, with respect to the subject matter of hereof.
These Terms are prepared and set out in Russian, however can be translated into English. This version of the Terms is a translation into English. If there are discrepancies between the translated version and the original version, the Russian version shall prevail, unless prohibited by applicable laws.