Terms and Conditions
1. General
1.1. These terms and conditions (the Terms) govern the access to the Flop Up and use of the Services provided by B2Nova OÜ.
1.2. Please review these Terms carefully. By accepting these Terms or accessing the Flop Up, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, then you are expressly prohibited from accessing the Flop Up and using the Services.
2. Definitions
2.1. "Account" means the account created by the User on the Flop Up.
2.2. "B2Nova", "us", "we" or "our" means B2Nova OÜ, an Estonia private limited company registered under registry code 17118964 and registered address Harju maakond, Tallinn, Kesklinna linnaosa, Pärnu mnt 139e/2-8, 11317, email address: contact@b2nova.com.
2.3. "Flop Up" means a mobile application provided by B2Nova to the User.
2.4. "User" or "you" is the natural person who is the client of B2Nova and accesses the Flop Up and uses the Services.
2.5. "Service Provider" is the legal person who is the client of B2Nova and who offers poker gaming opportunities to Users via the Flop Up.
2.6. "Party" means each of the User and B2Nova and "Parties" means the User and B2Nova collectively.
2.7. "Services" means the services provided by B2Nova to the User which are accessed through the Flop Up.
3. Our Services
3.1. We provide the Flop Up, a platform designed to assist the User in locating poker gaming opportunities offered by the Service Providers and enhancing the User's poker gaming experience through various features. The Flop Up through its Services enable the User to register for waiting lists, receive seat notifications, share game Interest Lists, and track session results, among other functionalities.
3.2. To be eligible for registration on a waiting list within the Flop Up, the User must be located within the stipulated minimum distance.
4. Eligibility criteria. Registering an Account
4.1. The Services provided in the Flop Up are intended for use by a User who meets the legal age requirements to play poker in its respective jurisdiction. It is the User's responsibility to ensure compliance with local laws and regulations regarding age restrictions for poker gaming. If the User is under the legal age, the User may not access the Flop Up and use the Services. B2Nova reserves the right to suspend access to the Services for Users who do not meet these eligibility criteria.
4.2. In order to be able to use the Services provided in the Flop Up, the User must create the Account. Login credentials, including e-mail address and password, are required to create and access the Account.
4.3. All information the User provides to B2Nova at any time (including but not limited to the information provided upon the creating the Account) must be accurate, current, valid and complete and may not be misleading in any respect. B2Nova may, from time to time, request such information to be updated and/or supplemented, in which case the User is obliged to provide B2Nova with the updated and/or supplemented information without delay. If the User is not able or willing to update such information, B2Nova reserves the right to suspend access to the Account and/or restrict the User from accessing the Services.
4.4. The User understands and agrees that the User is liable for maintaining confidentiality and adequate security and control of its login credentials and passwords. B2Nova may impose additional security measures for accessing the Account. These measures may include two-factor authentication by sending security passcodes via mobile text message, electronic mail or by other means, as well as third-party multi-factor authentication. B2Nova reserves the right to determine whether these security measures are optional or mandatory.
4.5. The User is obliged to promptly notify B2Nova of any unauthorized use of the Account or the Services. Additionally, the User must fully and timely cooperate with B2Nova in the investigation of any suspected unauthorized access to the Account or use of the Services.
5. Fee
5.1. The Services provided in the Flop Up are free of charge to the Users. B2Nova reserves the right to introduce premium features or services in the future, which may be subject to fees, but any such changes will be communicated to the Users in advance.
6. Obligations and prohibitions of the User
6.1. The User agrees to comply with the Terms, community standards, applicable laws and regulations when accessing the Flop Up and using the Services.
6.2. The User agrees not to:
6.2.1. Access the Flop Up and/or use the Services in any manner not permitted by the Terms, applicable laws and regulations;
6.2.2. Access the Flop Up and use the Services for any purposes other than for which B2Nova makes the Flop Up and the Services available, including any unlawful, obscene or immoral purposes;
6.2.3. Use the Flop Up and/or the Services in a commercial manner;
6.2.4. Trick, defraud, or mislead B2Nova and others;
6.2.5. Advertise or offer to sell goods and services in the Flop Up;
6.2.6. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' copyrights, and other intellectual property rights, including but not limited to spam poker rooms;
6.2.7. Impersonate or misrepresent its identity, create the Account for anyone other than itself, or use or attempt to use another's account or otherwise commit fraud;
6.2.8. Transmit or generate any content or make any statements that are unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable;
6.2.9. Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Flop Up and/or the Services;
6.2.10. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, that interferes with any party's uninterrupted access of the Flop Up and use of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Flop Up and the Services;
6.2.11. Circumvent, disable or otherwise interfere with security related features of the Flop Up and/or Services;
6.2.12. Interfere with or disrupt (or attempt to interfere with or disrupt) any servers or networks connected to the Flop Up and the Services or the technical delivery systems of the providers or disobey any requirements, procedures, policies or regulations of networks connected to the Flop Up and the Services;
6.2.13. Attempt to probe, scan or test the vulnerability of any B2Nova system or network or breach or impair or circumvent any security or authentication measures protecting the Flop Up and the Services;
6.2.14. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Flop Up and the Services;
6.2.15. Attempt to scrape, parse, access, search or meta-search the Flop Up and the Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by B2Nova or other generally available third-party web browsers;
6.2.16. Use the Flop Up to send altered, deceptive or false source-identifying information;
6.2.17. Encourage or instruct any other individuals to do any of the foregoing or to violate these Terms and any applicable laws and regulations.
7. Support, interruptions and updates
7.1. The User is required to promptly inform B2Nova via the Flop Up chat of any issues that the User becomes aware of, including, but not limited to, system errors, malfunctions, or disruptions impacting the functionality. Upon receiving such notification, B2Nova will evaluate the issue and take reasonable steps to rectify faults arising from the Flop Up within a reasonable period. While B2Nova does not guarantee uninterrupted or error-free operation of the Flop Up and the Services, it will endeavor to resolve reported issues with commercially reasonable efforts in a timely manner.
7.2. B2Nova may interrupt the Flop Up and/or the Services if it is necessary for repairs, maintenance or similar actions, including security updates. In such cases, B2Nova will strive to provide advance notice of the interruption whenever reasonably possible. If advance notice is not feasible due to the urgency of the situation, B2Nova will notify the User without undue delay.
7.3. B2Nova may modify, adapt or change the Flop Up and the Services, including the Services' features, the user interface and design and any other aspect related to the Flop Up and the Services at its sole discretion, including but not limited when B2Nova wants to improve, enhance functionality, adapt to new technologies, reflect changes to the operating system, reflect an increase or decrease in the number of users who use a particular feature or Service, or address legal, regulatory, safety, security or operability issues.
8. Intellectual property
8.1. Unless otherwise clearly stated, all copyright and other intellectual property rights presented in the Flop Up or displayed in connection with the Flop Up and when using the Services, registered or not, are owned by or licensed to B2Nova. The foregoing also applies to any software solutions or parts of it, as well as to programs and codes present in the Flop Up.
8.2. Subject to the User's compliance with these Terms, B2Nova gives to the User for the validity of the Terms a personal, worldwide, royalty-free, non-assignable and non-exclusive revocable license to access the Flop Up and use the Services for the User's own personal use as described in the Terms. This license is for the sole purpose of enabling the User to use and enjoy the benefits of the Flop Up and Services in the manner permitted by these Terms.
8.3. The User's license to access the Flop Up and use the Services is limited by the following restrictions:
8.3.1. The User shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Flop Up and the Services;
8.3.2. The User shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Flop Up and the Services;
8.3.3. The User shall not access the Flop Up and use the Services in order to build a similar or competitive service;
8.3.4. The User shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the Flop Up and the Services in any form or by any means.
8.4. The right to access the Flop Up and use the Services will automatically terminate upon deleting the Account.
8.5. Any other use of the Flop Up and the Services for purposes not intended according to these Terms requires B2Nova's prior written consent.
9. Liability
9.1. To the maximum extent permitted by applicable law, the User is liable for and shall be obligated to compensate to B2Nova any and all damages (including loss of profits) which arise from the User's activities. This liability applies to the maximum extent permissible under applicable legal acts.
9.2. To the maximum extent permitted by applicable law, the User understands and agrees that B2Nova is not liable whatsoever for any direct, indirect, incidental, special, consequential, punitive, exemplary or consequential damages and loss, which may be incurred by the User in connection with the User's use of the Flop Up and/or the Services, or inability to use the Flop Up and/or the Services, including, but not limited to, any loss of profit, lost opportunities, loss of data suffered, or other intangible loss.
9.3. B2Nova is only liable for a breach of the Terms, if the breach is intentional or caused due to gross negligence or any other action that cannot be excluded or limited by applicable law.
9.4. B2Nova is not liable for any damages caused by third parties or by circumstances outside the control of B2Nova. This includes, but is not limited to, data loss due to hacking, DDoS attacks, or similar incidents that may negatively impact, including, but not limited to, the Account and/or any data.
9.5. B2Nova is not liable for any activity that takes place with the User's Account if the Account has been accessed with the User's Account credentials, regardless of whether such access has been authorized by the User.
9.6. B2Nova is not liable for third-party links on the Flop Up and/or the Services that may direct the User to third-party websites not affiliated with B2Nova. B2Nova is not responsible for examining or evaluating the content or accuracy of third-party materials or websites. Furthermore, B2Nova does not warrant and will not have any liability for any third-party materials, websites, or any other materials, products, or services provided by third parties. B2Nova is also not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites.
9.7. The User understands and agrees that any agreement, transaction, or interaction between the User and the Service Provider is solely between the User and the Service Provider, and B2Nova is not liable for any issues, disputes, or claims arising from such interactions. The User is advised to conduct its own due diligence and exercise caution when engaging with a Service Provider.
9.8. B2Nova may restrict the User's access to the Flop Up and/or the Services for doing maintenance and repairs. The User understands and agrees that B2Nova shall not be liable for any potential damage resulting from the restriction of access and consequent interruptions to the Flop Up and/or the Services.
10. No Warranties
10.1. The User acknowledges that access to the Flop Up and use of the Services made available under these Terms, are provided on an "as is" and "as available" basis without any warranty or representation expressed or implied, regarding the accuracy, reliability, or suitability for any purpose.
10.2. B2Nova does not make any representations or give any warranties that:
10.2.1. It will create or include additional features or functionalities in the Flop Up and/or the Services besides the existing ones;
10.2.2. The access to the Flop Up and use of the Services, or any part thereof, will be continuous, uninterrupted, timely, error-free, secure, free of viruses or other harmful components or accessible from all devices;
10.2.3. The information provided in the Flop Up and the Services, including but not limited to information provided by the Service Provider regarding poker gaming opportunities, is true and accurate;
10.2.4. The Flop Up and the Services function on any particular hardware or devices;
10.2.5. The defects in the Flop Up and the Services will be corrected.
11. Indemnity
11.1. The User agrees to defend, indemnify and hold B2Nova, its subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives harmless from all claims, liabilities, injuries, costs, expenses and damages, and fees (including attorneys' fees), resulting from or in connection with, including, but not limited to:
11.1.1. The User's access to the Flop Up and use of the Services;
11.1.2. The User's breach of these Terms;
11.1.3. The User's violation of the rights of a third party, including but not limited to intellectual property rights.
12. Term and termination
12.1. These Terms will remain in full force and effect until termination.
12.2. The User has a right to terminate the Terms at any time without giving reasons by using the "Delete account" function. From the moment of deleting the Account, the User will not be able to use any of the Services.
12.3. B2Nova may terminate these Terms and delete the Account without giving any justification, by giving to the User an advance notice of at least twenty (20) days.
12.4. B2Nova reserves the right to terminate these Terms and delete the Account if it has been inactive for two (2) years. Inactive is the Account to which the User has not logged in. Prior to deletion, B2Nova may provide notice to the User, allowing an opportunity to reactivate the Account. Once deleted, the User will lose access to the Account, including any data associated with the Account.
12.5. B2Nova may suspend access to the Account or terminate these Terms without notice and liability, if:
12.5.1. The User is not eligible or authorized to use the Service;
12.5.2. The User has provided false, inaccurate or incomplete information or the User is not able or willing to update its information as requested by B2Nova;
12.5.3. Provision of the Flop Up and the Services is prohibited by applicable laws or regulations;
12.5.4. The User has materially breached the Terms;
12.5.5. The User has repeatedly not showed up for waiting lists;
12.5.6. B2Nova reasonably believes that the User's conduct causes harm or liability to a user, third party or B2Nova, for example harassing, spamming, hacking, phishing, or misleading others.
13. Notices
13.1. The User agrees that any notice, request, approval, demand or other communication to be given under these Terms may be communicated to the User by the email, which the User has provided upon registering the Account.
13.2. The User can contact B2Nova if the User has any questions, feedback or comments related to our Services, by sending an email to the email address indicated in clause 2.2.
14. Amendments
14.1. B2Nova has the right to unilaterally amend the Terms under the conditions provided by law or if necessary:
14.1.1. Due to changes in the legislation, standards or practices;
14.1.2. To develop or improve the Flop Up and/or the Services;
14.1.3. To take into account a decision, precept or other published position of a court or other authority or person;
14.1.4. In other circumstances, provided that such changes are not substantial to the User;
14.1.5. To keep the Flop Up operations unaffected.
14.2. In cases other than those specified in clause 14.1, the User shall be notified of amendments to the Terms at least thirty (30) days prior to the date the updated version of these Terms become effective. Following such notice, the continued use of the Flop Up on or after the date the updated version of these Terms is effective and biding, constitutes the User's acceptance of the updated version of these Terms. If the User does not agree with the amendments, the User must stop accessing the Flop Up immediately.
15. Applicable law. Jurisdiction
15.1. These Terms have been drawn up in accordance with the laws of the Republic of Estonia and the application, interpretation and termination shall be governed by the laws of the Republic of Estonia. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the User has its habitual residence as a consumer, shall remain unaffected (Article 6 (1) Rome I Regulation).
15.2. Any disputes regarding the Flop Up, the Services and/or in connection with these Terms shall be settled through negotiations. Should the User have any complaints or concerns regarding the Flop Up and/or the Services, the User should contact B2Nova by email at contact@b2nova.com.
15.3. If the Parties fail to resolve the dispute through negotiation, the disputes shall be settled by Harju Maakohus (Harju County Court) or the Consumer Protection and Technical Regulatory Authority (address Endla 10a, Tallinn 10142, www.ttja.ee/en, https://ttja.ee/en/submission-statement), pursuant to the procedure provided by the law of the Republic of Estonia.
16. Miscellaneous
16.1. These Terms constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede any prior agreements in relation to the subject matter of the Terms, including, but not limited to, any prior versions of the Terms.
16.2. If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from this agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms and the invalid condition shall be replaced by a valid condition as close as possible to the outcome and the detail of the replaced condition.
16.3. The non-enforcement by B2Nova of any right or provision from these Terms is not deemed a waiver of such right or provision.
16.4. These Terms are provided in English. Any translation has the sole purpose of being convenient for the User. In case of any inconsistency, contradiction or doubt, the English version of these Terms shall prevail.
16.5. The User may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily, by operation of law or otherwise, without B2Nova's prior written consent. Any purported assignment or delegation by the User without B2Nova's prior written consent will be null and void.
16.6. B2Nova may assign these Terms or any rights hereunder to a third party at any time without the User's consent.