Terms of Service

1.1By registering with the Company via the Website and/or by using the Gambling Services and/or by marking the "I have read and agree to the terms of the Terms of Service" box, You agree to be bound by this Agreement, the Privacy Policy and the Additional Rules in their entirety and without reservation. It remains Your responsibility to check these Terms of Service periodically to ensure that You continue to agree with them.

1.2The Company operates the Website and offers the Services under a Gaming License issued by the Government of the Autonomous Island of Anjouan, Union of Comoros.

1.3The software offered by the Company (the "Software") allows You to use the Gambling Services currently available via the Website. The Company reserves the right to suspend, modify, remove or add to the Services in its sole discretion with immediate effect and without notice, subject to any statute, regulations or direction from the Gaming Board of Anjouan.

1.4You may only have one account for which You will register using Your own legal name. You shall access the Software and use the Services only via Your account and may never access the Services by means of another person's account. Should You attempt to open more than one account, We may suspend use of Your account pending investigation and/or notify the Gaming Board of Anjouan.

1.5You are prohibited from using this Website or the Software if You are (i) under 18 years of age, (ii) a person under the legal age of majority in Your jurisdiction, or (iii) connecting from a jurisdiction from which such use is prohibited or illegal.

1.6The License granted to you to play the games is governed under the laws of the Autonomous Island of Anjouan, Union of Comoros.

2.1IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THIS AGREEMENT YOU SHOULD IMMEDIATELY STOP USING THE SOFTWARE. BY REGISTERING WITH US, USING THE SERVICES, USING THE SOFTWARE OR LOGGING ONTO THE WEBSITE, YOU EXPRESSLY CONSENT TO THE TERMS OF THIS AGREEMENT.

2.2We reserve the right to amend, modify, update and change any of the terms and conditions of this Agreement from time to time. We will notify You of any such change by publishing the new version on the Website. Your continued use of the Services after any modification will be deemed to constitute Your acceptance of the changes.

2.3We take our responsibilities in relation to Your privacy very seriously and therefore changes to the Privacy Policy are strictly subject to the modification provisions found therein.

2.4This Agreement shall prevail in the event of any conflict between this Agreement and any of the Additional Rules or other documents referred to herein. The Privacy Policy shall prevail in the event of any conflict with this Agreement.

2.5Your attention is drawn to our Privacy Policy at https://www.phenompoker.com/privacy-policy which describes how We deal with and protect Your personal information. By accepting these Terms of Service, You are also acknowledging and accepting the Privacy Policy and the House Rules.

3.1You represent, warrant and agree to ensure that your use of the Services will comply at all times with all applicable laws, statutes and regulations.

3.2You acknowledge that You will comply with our requirements in connection with verifying your physical location at time of play.

3.3We may verify the location of the device on which You are accessing the Services (the "Device Location Service"). The Device Location Service relies on WiFi or GPS signals to determine the geographic location. Your device must have WiFi or GPS capability. You will not be able to play for real money from a device that does not have WiFi or GPS capability, or on which these have been disabled.

3.4The Company shall not be responsible for any illegal or unauthorized use of the Software and/or the Services by You. By accepting these terms, You agree to assist the Company with its compliance with applicable laws and regulations.

3.5No license is granted hereunder to any User located within any jurisdiction where such use shall violate any applicable laws.

3.6Under no circumstances will We be responsible or liable for any losses You may incur as a result of Your location not being able to be properly verified for any reason. By using the Services, You understand that such responsibility is borne exclusively by You.

4.1No one under the legal age in Your jurisdiction of residence ("Legally of Age") may use the Services under any circumstances. Use of the Services by someone not Legally of Age is a breach of this Agreement. The Company reserves the right to request proof of age at any stage and may terminate a person's account if proof of age is not provided.

4.2You hereby explicitly consent that We may verify Your registration details, including Your name, physical address, date of birth, and passport identification to confirm that You are Legally of Age. Requested documents shall include, but are not limited to: (a) a valid government issued photo ID such as a valid passport or driver's license, and (b) proof of address such as a utility bill.

4.3You hereby explicitly consent to the Company performing background checks on any user for any reason, including verification of registration details, financial transactions, and gaming activity. The Company shall be under no obligation to advise the user of such an investigation taking place.

4.4We do not accept players who reside in a number of countries and jurisdictions. If a potential player cannot find his/her country of residence in the list of countries available during the registration process, Phenom Poker will not be able to accept them as a player.

5.1The Company hereby grants You the non-exclusive, non-transferable, non-sub-licensable right to use the Software exclusively in connection with the use of the Services in accordance with this Agreement. Without limiting the foregoing, you must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble or modify the Software; (b) sell, assign, sublicense or transfer the Software; (c) make the Software available to any third party; (d) export the Software to any country; (e) collect or distribute data obtained from the Services; (f) use cheats, automation software (bots), hacks, or any other unauthorized third-party software; or (g) use the Software in a manner prohibited by applicable laws (together the "Prohibited Activities").

5.2The brand names relating to the Website and Services including "PHENOM POKER", "PHENOM", "www.phenompoker.com", and any derivatives thereof are owned by the Company. User shall not use the Trademarks, or any confusingly similar marks except as expressly permitted herein.

5.3The Company owns all rights in other content including, but not limited to, the Software, games, images, graphics, photographs, animations, videos, music, audio and text available via the Website (the "Site Content"). The User shall not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any Site Content except as expressly permitted herein.

5.4You acknowledge that by using the Services or the Software You obtain no rights in the Trademarks or the Site Content.

5.5You agree not to upload, post, email, transmit or otherwise make available any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity or other right of any person or entity.

6.1You are Legally of Age, of sound mind and capable of taking responsibility for Your own actions.

6.2All details You provide to the Company are true, accurate and complete. You will promptly notify us of any changes to details previously provided. Should any information be untrue, inaccurate or misleading, You will be in breach of this Agreement and We reserve the right to terminate Your account immediately.

6.3Your account is solely for Your benefit. You shall not allow anyone (including a relative) to use Your account, password or identity to access or use the Services. You will inform us immediately if You suspect that Your account is being used by a third party.

6.4You are responsible for the security of Your username and password on Your own computer and any device. If this combination is "hacked" from Your device due to any virus or malware, this is Your responsibility.

6.5You have verified and determined that Your use of the Services does not violate any laws or regulations of any jurisdiction that applies to You. You fully understand this Agreement, the Privacy Policy, the Additional Rules, and the methods and procedures of the Services.

6.6You are fully aware that there is a risk of losing money when gambling by means of the Services and You are fully responsible for any such loss. You agree that Your use of the Services is at Your sole option, discretion and risk.

6.7You acknowledge that by registering and using the Services You have to provide the Company with certain personal details about Yourself, which will be handled as provided for in the Privacy Policy.

6.8You agree to use the Website, Services and Software in complete accordance with the terms and conditions of this Agreement and each of the Additional Rules, as amended from time to time.

6.9You acknowledge that the Software includes features provided by third parties which may be automatically updated from time to time, including features that may access your hand history for promotional and notification purposes.

6.10You are solely responsible for all taxes and tax reporting to any relevant governmental, taxation or other authority on any winnings paid to You by the Company.

6.11You are solely responsible for any telecommunication network and Internet access services and costs required in connection with Your use of the Software and the Services.

6.12You shall use the Services and the Software only in good faith towards both the Company and the other players. In the event that the Company deems You have been using the Services in violation of this Agreement, the Company shall have the right to terminate Your account and retain all monies therein.

6.13You acknowledge that certain games and tournaments may be offered on a "shared basis" which enables the Company to bring together users of the Services with other people who may have different configurations, including different bet limits.

6.14Should You choose to self-exclude from the Services operated by the Company or its affiliates, You shall not be permitted to open or use a new account with any other website operated by the Company during Your selected self-exclusion period.

6.15You hereby consent to the Company and/or the Gaming Board of Anjouan monitoring and recording Your wagering communications and geographic location information at any or all times.

6.16You acknowledge that in peer-to-peer gaming, You may be at a disadvantage in relation to other players as a result of technical issues, such as slower network speeds or slower device performance.

6.17You shall not engage in any screen scraping, web scraping or otherwise collecting or extracting (manually or via automated processes) third party data from the Website for any purpose.

7.1Illegal Funds and Unlawful Activities: You declare that the source of funds used by You for gambling on the Website is not illegal and that You will not use the Services in any way as a money transfer system or for any unlawful or fraudulent activity including money laundering. If the Company suspects such activity, Your access to the Services may be terminated immediately and the Company may inform relevant authorities.

7.2Circumvention: You shall not break into, access or attempt to access or otherwise circumvent the Company's security measures. If the Company believes You are in breach of this clause, the Company may terminate Your access to the Services immediately and/or have Your account suspended pending investigation.

7.3Software Aids: The use of any automated tool, artificial intelligence, bots, hacks, or any other unauthorized third-party software ("Software Aid") in connection with Your use of the Services is strictly prohibited. We constantly review the use of the Services to detect the use of any Software Aid and reserve the right to immediately suspend access and terminate accounts where such use is detected.

7.4Intentional Disconnection: You are not allowed to intentionally disconnect from a game while playing on the Website. We employ methods to accurately identify users who carry out intentional disconnections. If found in breach, the Company may terminate Your access to the Services immediately.

7.5If We have reason to suspect that an account or group of accounts are operating systematically to gain an advantage over another player or to commit an act in bad faith — for example employing specific wagering techniques to disadvantage other players — the Company shall have the right to suspend or terminate all such accounts.

7.6The Company will not provide any information to You with regards to investigations or any subsequent outcome it conducts into Your use of the Services.

7.7User may not attempt to modify, decompile, reverse-engineer, or disassemble the Software in any way.

7.8Any user that is in violation of section 7 in the Terms of Service hereby grants Phenom Poker the right to release their real name to the public.

8.1Your account is for Your sole personal use only and shall not be used for any professional, business, or commercial purpose.

8.2Company shall not be responsible for any third party access to Your account. All transactions where Your username and password have been entered correctly will be regarded as valid whether or not authorized by You.

8.3If You do not access your account for any consecutive period of twelve months, your account will be considered a "dormant account". You will be notified periodically via email of your inactivity and remaining funds. Once an account falls into dormant status, you must contact support to have the restriction removed.

8.4We reserve the right to limit or refuse any bet, stake or other wager made by You or through Your account.

9.1All promotions, bonuses or special offers are subject to the Company's Bonus Policy and promotion-specific terms and conditions. Any bonus credited to Your account must be used in adherence with such terms and conditions. We reserve the right to withdraw any promotion, bonus or special offer at any time.

9.2In the event that the Company believes a user is abusing or attempting to abuse a bonus or other promotion, the Company may, at its sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or terminate that user's access to the Services.

9.3The opening of multiple accounts on the Website or on any other sites owned and/or operated by the Company in bad faith shall be considered an abusive behavior.

9.4In the event that the Company deems You have been taking unfair advantage of the Company's bonuses or have executed any other act in bad faith in relation to a bonus promotion, the Company shall have the right to suspend or terminate Your accounts and shall be under no obligation to refund You any bonus funds or winnings.

10.1The Company has no obligation to check whether users are using the Services in accordance with this Agreement or the Additional Rules.

10.2Company may investigate or pursue complaints made by a player against any other player and may take any action in connection therewith. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behavior, but is under no obligation to do so. Additionally, complaints may be filed with the Gaming Board of Anjouan.

10.3The Company has no obligation to maintain account names or passwords. If You misplace, forget or lose Your account name or password because of anything other than the Company's error, the Company shall not be liable. Obtaining Your account name requires You to contact customer service.

10.4All personal information provided by You shall be subject to the Privacy Policy.

12.1The services and the software are provided "as is". The company makes no warranty or representation, whether express or implied, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy. The entire risk as to the use, quality and performance of the software lies with you.

12.2The company makes no warranty that the software or services will meet your requirements, be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the software or the server that makes it available are free of viruses or bugs.

12.3In the event of systems or communications errors or malfunctions, bugs or viruses relating to account settlement or other elements of the services or resulting in loss of data or winnings by you or any other damage to your equipment or software, the company shall in no way be liable and reserves the right to void all games in question and payments in relation thereto.

12.4If you receive any winnings or bonuses as a result of any error made by the company or on the company's behalf (whether technical or manual), we may void the benefits and, to the extent that you have already received a payment in respect of the same, you will repay that amount to us.

12.5The company shall not be liable for any acts or omissions made by your internet service provider or other third party with whom you have contracted to gain access to the server that hosts the site.

User acknowledges and agrees that:

13.1You are free to choose whether to use the Services and do so at Your sole option, discretion and risk.

13.2Neither the Company, its affiliated companies or any third party service provider ("Affiliates") shall be liable to You or any third party for any loss or damage whatsoever arising from or in any way connected with Your use of the Software or the Services, whether direct or indirect, including loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss.

13.3Neither the Company nor its Affiliates shall be liable for any loss or damage arising from or in any way connected with Your use of any link contained on the Website or otherwise via the Services. The Company is not responsible for the content contained on any Internet site linked to or from the Website.

13.4The Company, its Affiliates and its third party licensors shall not be liable to You or any third party for any modification to, suspension of or discontinuance of the Software or the Services.

13.5In the event that the Software or Services fails to operate correctly as a result of any delay or interruption, loss or corruption of data, lines failure, or misuse of the Website: (a) the Company will not be responsible for any loss, including loss of winnings; and (b) if any such errors result in an increase in winnings owed or paid to You, You shall not be entitled to the winnings falling within such increase and shall immediately inform the Company.

13.6Nothing in this Agreement will operate so as to exclude any liability of the Company for fraud, death or personal injury that is caused by the Company's negligence.

14.1You agree to fully indemnify, defend and hold the Company, Affiliates, third party service providers and licensors and their respective officers, directors and employees harmless immediately on demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees, howsoever caused, that may arise as a result of: (a) any breach of this Agreement by You; (b) any violation by You of any law or the rights of any third party; (c) any use by You of the Services or Software or use by any other person accessing the Services using Your user identification; or (d) any acceptance of any winnings.

14.2In addition to any other remedy available to the Company, if You breach any of the terms and conditions of this Agreement, Your winnings may be forfeited at the discretion of the Company and the Company may release Your actual name to the public, as well as retain any positive balance in Your account on account of any damages pending investigation and/or the conclusion of any legal proceedings. Failure to comply with this Agreement may also result in disqualification, account closure and/or legal action being taken against You.

This Agreement shall be governed by and construed in accordance with the laws of the Autonomous Island of Anjouan, Union of Comoros. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

For any questions or concerns regarding these Terms of Service, please contact us at help@phenompoker.com.