Terms of Service
These Terms of Service (“Terms,” “Agreement”) constitute a legally binding agreement between you (“you,” “User,” “Player”) and PokerHouse, located at Haglil 13, Tiberias, Israel, together with its affiliates, owners, directors, officers, employees, contractors, and licensors (collectively, “PokerHouse,” “we,” “us,” “our,” or the “Operator”), governing your access to and use of the mobile game known under the working titles “1890 Mobile Poker” and “Poker House,” together with all related software, clients, servers, application programming interfaces, real‑time services, websites, and features (collectively, the “Services”).
BY DOWNLOADING, ACCESSING, OR USING THE SERVICES — OR BY CLICKING “I AGREE,” CREATING AN ACCOUNT, OR OTHERWISE INDICATING ACCEPTANCE — YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
Please pay particular attention to Section 3 (Virtual Currency & Economy), Section 8 (Disclaimers), Section 9 (Limitation of Liability & Indemnification), and Section 13 (Governing Law & Dispute Resolution), which limit our liability and affect your legal rights.
Definitions
1.1.“Account” means the registered or automatically provisioned user profile through which you access the Services, including all associated credentials, balances, progression, and data.
1.2.“Virtual Items” means all in‑game virtual currency, goods, and assets, including without limitation chips, gems, avatars, cosmetics, boosts, passes, rewards, and any other in‑game items, however acquired.
1.3.“Content” means all software, source code, object code, client‑server communication protocols, network message formats, application programming interfaces (APIs), endpoints, designs, artwork, characters, audio, music, text, gameplay mechanics, “look and feel,” databases, and the selection, arrangement, and compilation thereof, and all intellectual property rights therein.
1.4.“User Content” means any content you create, transmit, upload, or communicate through the Services, including your username, avatar selections, and any text‑chat or voice‑chat communications.
1.5.“Adverse Action” has the meaning given in Section 6.4.
Eligibility & Account Registration
2.1.Age and capacity. You must be at least twenty-one (21) years of age (or the age of majority in your jurisdiction of residence, whichever is higher) and possess the legal capacity to enter into this Agreement. You represent and warrant that your access to and use of a poker‑themed game is lawful in your jurisdiction of residence. The Services are intended for a general adult audience and are not directed to children.
2.2.Account creation. Certain features require an Account, which may be created by you or provisioned automatically upon first use. You agree to provide accurate, current, and complete information and to keep it updated.
2.3.Account security. You are solely responsible for safeguarding your credentials and for all activity occurring under your Account, whether or not authorized by you. You agree to notify us immediately of any actual or suspected unauthorized access. We are not liable for any loss arising from your failure to secure your Account.
2.4.One person, one identity. Except as expressly permitted by us, you may not create, operate, or control more than one Account, share an Account, transfer an Account, or use another User’s Account.
Virtual Currency, Virtual Items & In‑Game Economy
This Section is fundamental to the legal nature of the Services. Read it carefully.
3.1.No real‑world value. The Services are a free‑to‑play, social game offered solely for entertainment. Virtual Items, including all chips and other in‑game currency, have no monetary value, are not money or legal tender, and do not constitute a balance, credit, or property of any kind in the real world.
3.2.Not gambling. The Services do not offer real‑money gambling, betting, wagering, or any prize, payout, or item of real‑world value. No outcome within the Services can result in the winning or losing of real money or anything redeemable for real money. Virtual Items are used exclusively within the Services for entertainment.
3.3.No exchange or cash‑out. Virtual Items cannot be sold, traded, gifted for value, transferred, assigned, exchanged, redeemed, or converted into fiat currency, cryptocurrency, or any thing of monetary value, whether inside or outside the Services, and whether through the Operator or any third party. Any attempt to do so, including real‑money trading (“RMT”), is a material breach of this Agreement.
3.4.License, not ownership. Virtual Items are licensed to you, not sold. You receive a limited, personal, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to use Virtual Items within the Services. You acquire no ownership interest, title, or property right in any Virtual Item or in your Account. We retain all rights, title, and interest in all Virtual Items at all times.
3.5.Operator control of the economy. We may, at our sole discretion and without liability to you, create, modify, manage, price, re‑price, limit, suspend, devalue, remove, or expire any Virtual Item; cap the quantity you may hold or the period during which you may hold or use it; and adjust, correct, or reverse any balance affected by error, bug, fraud, exploit, chargeback, or breach of this Agreement.
3.6.Forfeiture. Upon suspension or termination of your Account, or upon discontinuation of the Services, all Virtual Items and Account balances are immediately forfeited and extinguished without refund, credit, or compensation, except where a refund is required by mandatory applicable law or by the policy of the applicable app store.
3.7.Purchases through app stores. Where Virtual Items may be purchased, such purchases are processed by third‑party digital storefronts and are subject to those storefronts’ own terms. We do not receive or store your full payment‑card details. Because Virtual Items are digital and delivered immediately, all purchases are final and non‑refundable except where required by mandatory law or by the applicable storefront’s policy.
Acceptable Use & Anti‑Cheat
4.1.General. You agree to use the Services only for their intended, lawful, personal, non‑commercial entertainment purposes and in compliance with this Agreement and all applicable laws.
4.2.Prohibited automation and tampering. You shall not, and shall not attempt to, nor authorize or assist any third party to:
- (a) use, develop, distribute, or employ any bot, script, macro, automation, artificial intelligence, “advantage” software, trainer, modified or unauthorized client, memory editor, packet editor, injector, overlay, or hardware or software tool that interacts with or automates any part of the Services or confers any unfair advantage;
- (b) reverse engineer, decompile, disassemble, decrypt, or otherwise derive or attempt to derive the source code, algorithms, data structures, or underlying ideas of any part of the Services, including the client, server, or any communication protocol, except to the limited extent such restriction is expressly prohibited by mandatory applicable law;
- (c) intercept, capture, inspect, modify, replay, forge, spoof, flood, or otherwise tamper with any network traffic, real‑time connection protocol, WebSocket or persistent connection, message, packet, token, or API request or response exchanged between the client and our servers, or exploit, manipulate, or artificially induce network latency, timing, disconnection, reconnection, or race conditions to gain any advantage or to disrupt gameplay or fairness;
- (d) probe, scan, stress‑test, overload, or attempt to gain unauthorized access to the Services, our servers, infrastructure, accounts, or any data, or circumvent, disable, or interfere with any authentication, rate‑limiting, anti‑cheat, security, or integrity mechanism;
- (e) exploit any bug, glitch, defect, undocumented feature, or error, rather than promptly reporting it to us; or
- (f) introduce any malware, virus, or harmful code into the Services.
4.3.Fair play (poker‑specific). You shall not:
- (a) collude with any other player, including by sharing card or hand information, coordinating play, or acting in concert to influence the outcome of any hand, table, or tournament;
- (b) engage in chip‑dumping, soft‑play, or any improper transfer of Virtual Items between Accounts;
- (c) operate multiple, alternate, or “ghost” accounts, share an Account, or evade any suspension, ban, mute, or other restriction; or
- (d) phish, scam, defraud, impersonate, or socially engineer other players or our staff.
4.4.Monitoring and detection. We may (but are not obligated to) monitor, log, and analyze gameplay, connections, transactions, device signals, and communications to detect and prevent cheating, fraud, collusion, exploitation, and abuse, and to enforce this Agreement, to the extent permitted by applicable law and our Privacy Policy.
User Conduct, Communications & Voice/Text Chat
5.1.Responsibility for User Content. You are solely responsible for your User Content and your conduct on the Services. You represent that your User Content will not violate this Agreement or the rights of any third party.
5.2.Voice and text chat. The Services may offer optional text‑chat and real‑time voice‑chat features. By using these features, you acknowledge that your communications are transmitted to, and may be heard or seen by, other players, and may be recorded, monitored, filtered, or moderated to the extent permitted by applicable law and described in our Privacy Policy. Use of voice features may require microphone permissions that you control through your device.
5.3.Code of conduct. When using any communication feature or interacting with other players or our staff, you shall not transmit, post, or engage in content or conduct that:
- (a) is abusive, harassing, bullying, threatening, defamatory, or hateful, or that constitutes hate speech targeting any person or group based on race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, age, or other protected characteristic;
- (b) is pornographic, obscene, sexually explicit, or sexually harassing, or that sexualizes or solicits minors;
- (c) is unlawful, fraudulent, deceptive, spam, or that infringes any intellectual property or privacy right;
- (d) invades another person’s privacy or discloses another’s personal or private information (“doxing”); or
- (e) promotes self‑harm, violence, terrorism, illegal activity, or any conduct prohibited by Section 4.
5.4.Moderation and enforcement. We may, at our sole discretion and to the extent permitted by applicable law, review, refuse, remove, filter, mute, restrict, or disable any User Content or communication feature, and permanently mute, suspend, or ban any User who violates this Section, with or without notice. We may report unlawful content or conduct to law enforcement.
5.5.License to User Content. You retain such rights as you may have in your User Content and grant us a worldwide, royalty‑free, non‑exclusive, sublicensable, transferable license to host, store, reproduce, transmit, display, perform, adapt, and otherwise use your User Content solely as necessary to operate, provide, moderate, secure, and improve the Services, including enabling other players to see or hear it as part of normal gameplay.
Account Management, Suspension & Termination
6.1.Operator’s rights. To the maximum extent permitted by applicable law, we reserve the absolute and sole right, at any time and in our discretion, to suspend, restrict, limit, modify, reset, or terminate your Account or access to all or part of the Services, and to modify, reset, or permanently delete any Account data, balances, progression, Virtual Items, or User Content from our databases and systems, with or without cause and with or without prior notice.
6.2.No compensation. You acknowledge and agree that any action taken under Section 6.1 may result in the loss of Account data and Virtual Items, and that, except where required by mandatory applicable law, you shall not be entitled to any refund, credit, compensation, or damages in connection therewith.
6.3.Termination by you. You may terminate this Agreement at any time by discontinuing use of the Services and requesting deletion of your Account in‑app (including via the in‑app “Delete Account” feature) or via the contact in Section 15. Deletion is processed in accordance with our Privacy Policy, subject to any short grace period and any legally required retention.
6.4.Effect of termination; Adverse Action. Upon any suspension or termination (each an “Adverse Action”): (a) your license to use the Services and all Virtual Items immediately ends; (b) all balances and Virtual Items are forfeited as provided in Section 3.6; and (c) we may bar you from creating future Accounts. Sections that by their nature should survive termination (including Sections 3, 7, 8, 9, 10, 13, and 14) shall survive.
6.5.No obligation to retain data. Except as required by mandatory applicable law or our Privacy Policy, we have no obligation to store, retain, back up, or return any Account data, User Content, or Virtual Items.
Service Availability, Changes & Maintenance
7.1.No guarantee of availability. The Services are provided on an “as available” basis. We do not warrant that the Services will be available, uninterrupted, timely, secure, error‑free, or free from latency, lag, disconnection, or data loss. The Services depend on the internet, third‑party networks, devices, and infrastructure that we do not control.
7.2.Real‑time gameplay risk. You expressly acknowledge that this is a real‑time, network‑dependent multiplayer game, and that server downtime, maintenance, connection drops, packet loss, latency, desynchronization, or technical failures may occur at any time, including during active or critical moments of gameplay, and may result in the loss of a hand, table, session, progress, or Virtual Items. To the maximum extent permitted by applicable law, we shall have no liability of any kind for any such occurrence.
7.3.Modification and discontinuation. We may, at any time and without liability, modify, update, patch, suspend, throttle, or discontinue all or any part of the Services, any feature, or any Virtual Item, including for maintenance, security, game‑balancing, bug‑fixing, exploit‑prevention, or legal, technical, or business reasons.
7.4.Computer‑controlled participants. Some opponents or participants may be computer‑controlled entities that appear and play like human players, in order to ensure availability and matchmaking.
Disclaimer of Warranties
8.1.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING ALL CONTENT AND VIRTUAL ITEMS, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
8.2.WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR‑FREE; THAT DEFECTS WILL BE CORRECTED; THAT VIRTUAL ITEMS OR PROGRESS WILL BE PRESERVED; OR THAT THE SERVICES ARE FREE OF HARMFUL COMPONENTS.
8.3.Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the above exclusions apply to the fullest extent permitted by law, and you may have additional non‑excludable rights.
Limitation of Liability & Indemnification
9.1.Exclusion of damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POKERHOUSE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, VIRTUAL ITEMS, ACCOUNT PROGRESS, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ARISING FROM SERVER DOWNTIME, MAINTENANCE, BUGS, DEFECTS, CONNECTION DROPS, LATENCY, DATA LOSS, OR INTERRUPTION DURING GAMEPLAY.
9.2.Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU ACTUALLY PAID TO US (OR THROUGH AN APP STORE FOR THE SERVICE AT ISSUE) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) USD 100.
9.3.Non‑excludable liability. Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or for death or personal injury caused by our negligence, or any non‑excludable statutory consumer rights.
9.4.Indemnification. You agree to defend, indemnify, and hold harmless PokerHouse from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your breach of this Agreement; (b) your User Content; (c) your use or misuse of the Services; (d) your violation of any law or of any third party’s rights; or (e) your use of any communication feature. You shall not be required to indemnify us for losses arising solely from our own fraud, gross negligence, or willful misconduct.
9.5.Basis of the bargain. You acknowledge that the disclaimers and limitations in Sections 7, 8, and 9 are a fundamental basis of the bargain between you and us and reflect a reasonable allocation of risk for a free or low‑cost entertainment service.
Intellectual Property
10.1.Ownership. We and our licensors own and retain all right, title, and interest in and to the Services and all Content, including without limitation all software, source and object code, server‑side logic, client applications, client‑server communication protocols, network message formats, APIs and API endpoints, databases and schemas, designs, artwork, characters, audio, music, text, gameplay mechanics, and the “look and feel,” and all patents, copyrights, trademarks, trade secrets, and other intellectual property rights therein.
10.2.Limited license to you. Subject to your compliance with this Agreement, we grant you a limited, personal, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to download and use the client solely to access and use the Services for your personal, non‑commercial entertainment. The Services and Content are licensed, not sold, and no rights are granted other than as expressly stated.
10.3.Restrictions. Except as expressly permitted by us in writing or by mandatory applicable law, you shall not copy, modify, distribute, sell, lease, sublicense, publicly display, create derivative works from, commercialize, or otherwise exploit the Services or Content, nor remove or alter any proprietary notice. You shall not use the Services or Content to develop, train, or provide source material for any generative artificial‑intelligence or machine‑learning system.
10.4.Feedback. Any suggestions, ideas, or feedback you provide are given voluntarily, and you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use them without restriction or compensation.
10.5.Trademarks. “PokerHouse,” “Poker House,” “1890 Mobile Poker,” and associated logos are our trademarks. You may not use them without our prior written consent.
Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by reference and describes how we collect, use, and share information. By using the Services, you consent to our data practices as described therein.
Modifications to These Terms
We may modify this Agreement at any time. For material changes, we will provide reasonable notice through the Services or by updating the “Last Updated” date. Your continued use of the Services after the changes take effect constitutes acceptance. If you do not agree to the modified Agreement, you must stop using the Services.
Governing Law, Jurisdiction & Dispute Resolution
13.1.Governing law. This Agreement is governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict‑of‑law rules.
13.2.Jurisdiction. Subject to Sections 13.4 and 13.7, the competent courts of Haifa, Israel shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement or the Services, and you consent to such jurisdiction and venue.
13.3.Informal resolution. Before commencing any proceeding, you agree to first contact us at the address in Section 15 and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
13.4.Mandatory consumer rights. If you are a consumer habitually resident in a jurisdiction (such as the EEA or UK) whose mandatory law grants you the right to bring proceedings in your local courts or under your local law, nothing in this Section removes that right.
13.5.Class‑action waiver. To the maximum extent permitted by applicable law, disputes shall be brought in your individual capacity only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
13.6.Time limitation. To the extent permitted by applicable law, any claim arising out of or relating to the Services must be filed within one (1) year after it arises, or be permanently barred.
13.7.United States residents — binding arbitration. If you are a resident of the United States, this Section 13.7 applies to you and, to the maximum extent permitted by applicable law, governs any dispute between you and us and supersedes Section 13.2 for such users:
- (a) Agreement to arbitrate. You and PokerHouse agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, rather than in court, except as provided below.
- (b) Exceptions. Either party may (i) bring an individual claim in a small‑claims court of competent jurisdiction, and (ii) seek injunctive or other equitable relief in court for the actual or threatened infringement, misappropriation, or violation of intellectual property rights or for unauthorized access to or abuse of the Services.
- (c) Individual basis; class‑action waiver. Arbitration shall be conducted only on an individual basis and not as a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding.
- (d) Procedure. The arbitration shall be conducted in English. For claims of USD 10,000 or less, the arbitration may, at your election, be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by video conference. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
- (e) 30‑day opt‑out. You may opt out of this arbitration agreement by sending written notice to the contact in Section 15 within thirty (30) days of first accepting this Agreement. Opting out does not affect any other provision of this Agreement.
- (f) Severability of arbitration terms. If the class‑action waiver in this Section 13.7 is found unenforceable as to a particular claim, that claim (and only that claim) shall be severed and may proceed in a court of competent jurisdiction, while the remainder of this Section 13.7 shall remain in full force.
Miscellaneous
14.1.Entire agreement. This Agreement, together with the Privacy Policy and any policies incorporated by reference, constitutes the entire agreement between you and us regarding the Services and supersedes all prior agreements on the subject.
14.2.Severability. If any provision is held unenforceable, it shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in full force.
14.3.No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
14.4.Assignment. You may not assign or transfer this Agreement or your Account. We may freely assign this Agreement, including in connection with a merger, acquisition, or sale of assets.
14.5.Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including network failures, infrastructure or third‑party outages, denial‑of‑service attacks, acts of God, war, or governmental action.
14.6.Export and sanctions compliance. You represent that you are not located in, or a national of, any embargoed or restricted jurisdiction, and that you are not on any restricted‑party or sanctions list, and you agree to comply with all applicable export‑control and sanctions laws.
14.7.No third‑party beneficiaries. Except for PokerHouse’s affiliates and licensors (who are intended beneficiaries of the disclaimers, limitations, and intellectual‑property provisions), this Agreement creates no third‑party rights.
14.8.Relationship. Nothing in this Agreement creates any partnership, agency, employment, or joint‑venture relationship between you and us.
14.9.Survival. Sections 3, 6.4, 7, 8, 9, 10, 11, 13, and 14 survive any termination of this Agreement.
14.10.Headings. Headings are for convenience only and do not affect interpretation.
Contact Us
Questions about this Agreement, the Services, your Account, or Virtual Items may be directed to:
PokerHouse
Haglil 13, Tiberias, Israel
Email: [email protected]
References in this Agreement to PokerHouse mean the entity identified above as the operator of the Services.