Terms of Use
FlopIt
Mobile app and social platform for posting, sharing, replaying, and analyzing poker hands
Effective Date: April 2, 2026
1. Introduction
These Terms of Use (the "Agreement") govern access to and use of FlopIt (the "Service"), a software application and website located at https://www.flopit.app (the "Website"), operated by Optima Software ("Company," "we," "us," or "our"). FlopIt is a social platform that allows Users to post, share, replay, and discuss poker hands. By accessing, downloading, or using the Service, whether as a free or paid subscriber, you (the "User") acknowledge that you have read, understood, and agreed to be legally bound by this Agreement. If you do not agree to these Terms, you must not use the Service.
2. Eligibility and Account Registration
The Service is intended for Users who are at least 18 years of age, or the age of majority in your jurisdiction if higher. By creating an account, you represent and warrant that you meet this age requirement. Users must register an account using a valid email address and username, or by signing in through a supported third-party provider (such as Apple or Google). The User is responsible for maintaining the confidentiality of their login credentials and agrees to notify us immediately of any unauthorized access to their account.
3. Subscription Plans and Payment Terms
FlopIt offers both a free tier and a paid subscription. Paid subscriptions are available on a monthly or annual basis, with fees charged at the beginning of each billing cycle. By subscribing to a paid plan, the User authorizes the Company to charge the designated payment method for all applicable fees. All subscription payments are non-refundable. Failure to pay may result in suspension or termination of access to the Service.
4. User Data Collection and Privacy
The Company collects and processes User data, including but not limited to usernames, email addresses, app activity, posted hands and related content, session data, and navigation information such as IP addresses and other analytics data. This information is collected in compliance with applicable U.S. and EU data protection laws, including the General Data Protection Regulation (GDPR) where applicable. Users can review our Privacy Policy for more details on data handling practices. The Company reserves the right to anonymize and aggregate data for analytical and improvement purposes.
5. Prohibited Uses and Restrictions
Users are strictly prohibited from extracting, copying, distributing, modifying, reverse engineering, or otherwise misusing any content, files, data, or any other proprietary information provided by the Service. This restriction applies particularly to commercial use or any attempt to derive financial gain from the Service's content. Users are also prohibited from posting fraudulent, misleading, illegal, or infringing content; harassing, threatening, or abusing other Users; using bots, scripts, or automated means to scrape or interact with the Service; or using the Service to facilitate or promote real-money gambling, wagering, or betting of any kind. Any such unauthorized use may result in immediate termination of the User's account and may lead to legal action, including but not limited to civil claims, damages, and injunctive relief.
6. No Guarantee of Outcomes
The Company does not guarantee any specific poker performance, results, or financial outcomes from using the Service, including from viewing, posting, or discussing poker hands. Users assume all risks associated with reliance on the Service's content. The Company disclaims any responsibility for losses, financial or otherwise, incurred as a result of using the Service.
7. User-Generated Content; No Gambling Services
FlopIt allows Users to post, share, and discuss poker hand histories, replays, and related commentary ("User Content"). By posting User Content, you grant the Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute that content within the Service for the purpose of operating, promoting, and improving the Service, including through shareable public links. You retain ownership of your User Content and are solely responsible for it. The Company may, at its sole discretion, remove or restrict access to any User Content that violates these Terms, applicable law, or community standards. FlopIt does not offer real-money gambling, wagering, or betting services of any kind, and the Company is not a gambling operator. Hand histories, statistics, and discussions shared on the Service are provided for entertainment, educational, and social purposes only and do not constitute financial, legal, or gambling advice. Users are solely responsible for ensuring that their participation in poker, whether online or in person, complies with the laws of their jurisdiction.
8. Account Suspension and Termination
The Company reserves the right to suspend or terminate a User's account at its sole discretion if it determines that the User has engaged in misconduct, cheating, data extraction, unauthorized sharing of content, harassment of other Users, posting of prohibited User Content, or any other activity that violates these Terms. Termination may be immediate and without prior notice. Upon termination, all rights granted to the User under this Agreement shall cease.
9. Intellectual Property Rights
All content provided through the Service, including but not limited to software, graphics, and educational materials, is the exclusive property of the Company and is protected by copyright, trademark, and other intellectual property laws. Users acquire no ownership rights by using the Service. This Section does not apply to User Content, which remains owned by the User as described in Section 7.
10. Disclaimer of Warranties
The Service is provided "as is" and "as available" without any warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the Service will be uninterrupted, error-free, or free of harmful components. Users use the Service at their own risk.
11. Limitation of Liability
To the fullest extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from or related to the use of the Service, even if the Company has been advised of the possibility of such damages. In no event shall the Company's total liability exceed the amount paid by the User for the Service in the twelve (12) months preceding the claim.
12. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the United States and, where applicable, the European Union. Any disputes arising under this Agreement shall be resolved through binding arbitration in a jurisdiction chosen by the Company, unless otherwise required by mandatory consumer protection laws. Users waive any right to participate in class actions against the Company.
13. Changes to the Terms
The Company reserves the right to modify these Terms at any time. Users will be notified of any material changes, and continued use of the Service after such changes constitutes acceptance of the revised Terms.
14. Child Safety
Flop It has zero tolerance for content that exploits or endangers minors. Users must be at least 18 years of age to use this app. Any content that violates our child safety standards will be immediately removed and reported to the appropriate authorities. For our full Child Safety Standards, visit: https://flopit.app/safety
15. Contact Information
For any questions or concerns regarding these Terms, please contact us at optimasoftwarellc@gmail.com.
By using the Service, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them.