General terms of use and sale
Publisher information
- Company
- Monolith SAS
- Trade name
- Spin Shadow Pro
- Address
- APPT N°4 Résidence Le Perchoir – Saint-Gilles
46 Rue du Général de Gaulle
97460 Saint-Paul – Réunion – France - SIRET
- 931 270 730 00019
- Trade register (RCS)
- 931 270 730 R.C.S. Saint-Denis-de-la-Réunion
- Share capital
- €100
- Contact
- contact@spinshadowpro.com
1. Introductory provisions
1.1.These general terms of use and sale (hereinafter the “Terms” or “ToU/ToS”) govern the reciprocal rights and obligations between Monolith SAS, a simplified joint-stock company with share capital of €100, registered under SIRET number 931 270 730 00019 and with the Trade and Companies Register of Saint-Denis-de-la-Réunion under number 931 270 730, whose registered office is located at APPT N°4 Résidence Le Perchoir - Saint-Gilles, 46 Rue du Général de Gaulle, 97460 Saint-Paul - Réunion - France (hereinafter the “Provider”), and any natural person over eighteen (18) years of age or any legal entity using the services offered under the trade name Spin Shadow Pro (hereinafter the “User”).
1.2.These Terms form an integral part of the service provision contract concluded between the Provider and the User (hereinafter the “Service Contract”). Any use of the Spin Shadow Pro site, application or platform implies full and unreserved acceptance of these Terms.
1.3.The Service Contract and these Terms are drafted in French. The Provider may also offer an English version intended for international users. In the event of any discrepancy between versions, the French version prevails, unless expressly stated otherwise.
1.4.The parties agree that the Provider may unilaterally amend these Terms to a reasonable extent, in particular to take account of changes to the service, technical constraints, legal obligations, changes to the commercial offering or platform security. Any substantial change may be notified to the User by e-mail at the address provided in their account or by publication on the platform.
1.5.The User may refuse the new Terms by ceasing to use the service and, where applicable, by cancelling their subscription in accordance with the procedures set out herein. Continued use of the service after publication or notification of the new Terms constitutes acceptance thereof.
2. Conclusion of the service contract
2.1.To propose the conclusion of the Service Contract, the User must create an account on the Spin Shadow Pro platform, either directly or by means of a compatible third-party service, for example an authentication provider, a social network, Google, Discord or any other provider offered by the Provider. The registration request constitutes a request to conclude the Service Contract.
2.2.The information provided by the User upon registration is deemed accurate. The User is responsible for the accuracy, updating and truthfulness of the information provided.
2.3.After receiving the registration request, the Provider may allow the User to activate their account. The Service Contract is concluded upon activation of the account or upon first effective access to the service.
2.4.The User accepts that the Provider may begin performing the service immediately after the conclusion of the Service Contract, including before the expiry of any statutory withdrawal period where applicable regulations permit and where the User expressly consents thereto.
2.5.The User acknowledges that the Provider is not obliged to accept any registration. In particular, the Provider may refuse registration or access to the service to any person who has previously breached these Terms, attempted to circumvent service limitations, shared an account, committed fraud or compromised platform security.
2.6.The User accepts the use of distance communication means for the conclusion of the Service Contract. Costs relating to the use of such means, in particular internet connection charges, remain the exclusive responsibility of the User and do not differ from the standard rate applied by their access provider.
3. User account
3.1.On the basis of the Service Contract, the User may access their personal interface on the Spin Shadow Pro platform. From this interface, they may configure the service, view their subscription, access available features, manage certain data and use the tools provided (hereinafter the “User Account”).
3.2.Each User is authorised to create, hold and administer a single User Account, unless otherwise agreed in writing by the Provider. Creating multiple accounts in order to circumvent a limitation, benefit more than once from a free trial or evade a suspension measure is prohibited.
3.3.The User must update the personal data and information provided in their User Account as soon as it changes. Data entered in the User Account is deemed accurate by the Provider.
3.4.Access to the User Account is protected by credentials, passwords, authentication systems or third-party services. The User must keep strictly confidential the information required to access their account. The Provider shall not be liable for unauthorised access resulting from the User’s failure to comply with this obligation.
3.5.The User shall not share, sell, rent, transfer, assign or make available to any third party their User Account, credentials, passwords or any other means of accessing the service. The account is personal and non-transferable.
3.6.The Provider may temporarily or permanently prevent the User from using their User Account, in particular if the User breaches these Terms, compromises the security of the service, shares their account, attempts to circumvent technical limitations or uses the service in an unauthorised manner.
4. Service conditions
4.1.The service consists in making available to the User information, tools, analyses, simulations, content and features relating to poker strategy, with the aim of enabling the User to learn, train and improve their theoretical understanding of the game (hereinafter the “Service”). The Provider does not facilitate participation in gambling within the framework of the Service. The Service is not intended to be used simultaneously on multiple devices and may be limited to a single device or a single active session at a time.
4.2.On the basis of the Service Contract, the User is authorised to access their User Account and use the Service. Certain advanced features of the Service may be subject to payment of a price to the Provider (hereinafter the “Advanced Features”). Advanced Features may be offered in different variants corresponding to game formats, modules, tools, access levels or specific uses, for example MTT, Spin & Go, heads-up, preflop, postflop, trainer, statistics or any other variant offered on the platform (hereinafter the “Service Variants”). Advanced Features may also be offered at different price tiers, for example NIT, REG, LAG or any other plan displayed on the platform (hereinafter the “Plans”).
4.3.Certain Plans may allow the User to generate personalised or aggregated reports from their poker data, hand histories, statistics, training answers or analysis results (hereinafter the “Aggregated Reports”). The conditions for generating, storing, retaining and invoicing these reports are specified on the platform or in the User Account.
4.4.The Provider may offer a free version, a demonstration version, a trial period or temporary access to Advanced Features. Any trial period is personal, attached to the User Account and non-transferable. Unless otherwise indicated, a single User may benefit only once from a free trial or trial offer.
4.5.The User understands and accepts that features presented as unlimited may be technically limited in order to ensure the stability, security and fair use of the Service. Such limitations may relate to the number of hands analysed, computing volume, number of simulations, storage, request frequency, simultaneous access or any other technical indicator.
4.6.The Service is protected by standard and modern security measures. The Service is designed to be compatible with common operating systems, internet browsers and devices. The Service may allow the User to store certain information. Information stored by the User may be deleted by them where the feature permits, except information necessary for the operation of the User Account, the provision of the Service, compliance with a legal obligation or platform security.
4.7.Information stored by the User within the Service is not disclosed to third parties, unless the Provider implements an option to the contrary and the User expressly selects that option, or where the law, a competent authority or the protection of the Provider’s rights so requires. The Provider keeps data relating to the User’s poker hands, models, ranges and analyses private and applies reasonable and current security standards.
4.8.The Service may not be provided where its provision is prevented by difficulties on the side of the User, a service provider, an infrastructure provider or a third party. This includes in particular power outages, network interruptions, hosting incidents, unavailability of third-party services, cyberattacks, force majeure events or any other event beyond the Provider’s reasonable control.
4.9.Provision of the Service may be subject to interruptions, temporary limitations, disruptions, slowdowns, quality reductions or maintenance operations. Information stored by the User may not be permanently backed up, unless otherwise expressly undertaken by the Provider. The User accepts that data may be altered, corrupted, lost or temporarily unavailable in the event of a technical incident.
4.10.The User understands that certain educational parts of the Service that depend on a specific person, for example coaching, video content, mentoring or human intervention, may be temporarily limited due to that person’s unavailability. The Provider will make reasonable efforts to remedy the situation, without guaranteeing continuous availability.
4.11.The User accepts that advertisements, including third-party advertisements, may be displayed within the Service, unless a plan or setting to the contrary is offered by the Provider.
4.12.The features of the Service may evolve during the term of the Service Contract. The User accepts that the Provider may add, modify, suspend or remove certain features. The Provider is not obliged to provide permanent updates or to maintain any given feature indefinitely.
5. Content of the service contract
5.1.Under the Service Contract, the Provider undertakes to provide the User with access to the Service in accordance with the conditions set out herein. Where the User chooses to use Advanced Features, they undertake to pay the Provider the corresponding price, in accordance with the rates and terms displayed on the platform.
5.2.Where Aggregated Reports, personalised analyses or advanced processing are offered, the User agrees to pay the price indicated in their User Account or on the relevant page. This price may depend on the complexity of the report, the volume of data processed, the number of hands analysed, the depth of simulation or any other relevant technical factor.
5.3.The Provider may offer a system of virtual credits, temporary credits, computing tokens or consumption units (hereinafter the “Credits”) allowing access to certain analyses, simulations, report generation or advanced features. Credits have no monetary value outside the platform, are non-refundable unless otherwise required by law, do not constitute electronic money and cannot be exchanged for money.
5.4.Temporary Credits, where offered, may expire at the end of a defined period. Purchased Credits may expire in accordance with the conditions indicated at the time of purchase or in the User Account. Unless otherwise indicated, temporary Credits are consumed before purchased Credits.
5.5.Aggregated Reports may be retained by the Provider for a maximum period indicated on the platform. In the absence of any specification, they may be deleted after a reasonable period of inactivity or upon deletion of the User Account, subject to applicable legal and technical obligations.
5.6.If the User mistakenly subscribes to a Service Variant or Plan other than the one they intended to use, the Provider may, in justified cases and at its discretion, rectify the situation upon receipt of a request from the User. However, the Provider is not obliged to make such a change where the offer has already been substantially consumed or used.
5.7.Advanced Features are provided for the period selected by the User at the time of subscription. Upon expiry of that period, if the price for the following period is not paid, access to Advanced Features may be reduced, suspended or reverted to basic features.
5.8.Unless otherwise indicated, Advanced Features are automatically renewed at the end of each applicable period. The User may cancel automatic renewal at any time from their User Account or in accordance with the procedures indicated by the Provider. The User then retains access to Advanced Features until the end of the period already paid for.
6. Advanced features — provider remuneration
6.1.If the User decides to use Advanced Features, they undertake to pay the Provider the price displayed in the interface for the selected Service Variant and Plan. The amount due depends in particular on the Service Variant, the Plan, the duration of use, the options chosen and any applicable taxes.
6.2.The Provider’s remuneration is paid in advance in the form of a subscription, package, service fee, Credits or any other billing method displayed on the platform. The Provider does not require a security deposit, unless expressly stated otherwise.
6.3.Where payment is recurring, the User may terminate renewal for future periods not yet paid for. Such termination does not affect the Provider’s right to retain amounts already paid for the current period, unless otherwise required by law or decided commercially by the Provider.
6.4.Where a discount is granted to the User for a first period, the price for subsequent periods may be invoiced without discount, unless otherwise indicated at the time of subscription.
6.5.A User already subscribed to a Plan may upgrade to a higher Plan if the platform allows. In such a case, the User may be required to pay the difference between the initial Plan and the higher Plan, in accordance with the terms displayed at the time of the change.
6.6.The User may pay the Provider’s remuneration by means of a third-party payment system, for example Stripe, PayPal or any other provider offered by the Provider. The Provider does not store full bank card numbers where payment is processed by a third-party provider.
6.7.Access to Advanced Features may only be activated after effective validation of payment. The Provider may defer access until the amount due is effectively credited or confirmed by the payment provider.
6.8.The Provider may offer the purchase of virtual Credits usable only within the Service. The conditions of purchase, use, expiry and consumption of these Credits are specified on the platform. Unused Credits may expire in the event of subscription termination, prolonged inactivity or at the end of the period indicated upon acquisition.
6.9.Certain Plans may include monthly or periodic temporary Credits. Temporary Credits must be used during the relevant period and are not carried over, unless otherwise indicated. In the event of a change of Plan, remaining temporary Credits may be cancelled or adjusted in accordance with the rules displayed on the platform.
7. Use of the service
7.1.The User must not use the Service during a live poker game, including an online poker game, in a manner constituting real-time assistance, prohibited decision support or a breach of the conditions set by the organiser, poker room, gaming platform, casino or any other operator concerned. In the event of a breach or reasonable suspicion of a breach of this obligation, the Provider may suspend or limit access to the Service, without prejudice to its right to terminate the Service Contract.
7.2.The User acknowledges and accepts that, for the purpose of monitoring compliance with the prohibition on real-time use and protecting the integrity of the game, the Provider may, where necessary and proportionate, provide competent third parties with anonymous or limited confirmation as to whether a particular poker situation, card combination or board was searched within the Service at a given time. Such communication must not reveal more personal information than necessary.
7.3.The User may not store, transmit or distribute within the Service any information, files or content that is contrary to applicable laws and regulations, infringes third-party rights, or is defamatory, fraudulent, malicious, counterfeit, dangerous or liable to damage the Service.
7.4.The User may only use the Service to analyse, import or process poker hands that they have personally played or that they are legally authorised to use. The User must not use the Service to analyse the hands, strategies, histories or confidential data of third parties without authorisation.
7.5.The User may not monetise, resell, redistribute, commercially exploit or integrate into a third-party application the ranges, decision trees, charts, strategies, reports, simulations, databases, exports or content downloaded, generated or obtained via the Service, without prior written authorisation from the Provider.
7.6.The User acknowledges that, unless otherwise required by mandatory law, the Provider is not responsible for the settings chosen by the User in their User Account, nor for the consequences of their choices regarding analysis, configuration, privacy, export or use.
7.7.The User shall not use automated queries, scripts, bots, scrapers, crawlers, reverse engineering tools, circumvention mechanisms, automated procedures or software that has or may have a negative impact on the operation of the Service, the Provider’s equipment, internet security, infrastructure stability or other users. The User shall likewise not assist any third party in performing such acts.
7.8.The User is solely responsible for the compliance of the information they store, import, analyse or distribute within the Service. The Provider is not responsible for content provided by the User nor for unlawful acts committed by the User.
7.9.If a third party asserts rights or makes a claim concerning information stored by the User within the Service, the Provider may immediately withdraw, block or delete the content concerned in order to prevent or limit any legal, technical or security risk.
7.10.The Service may provide access to information, content, features or hyperlinks provided by third parties. The User acknowledges that the Provider is not responsible for such third-party content, its accuracy, availability, security or its own terms of use.
7.11.Responsible gaming. If the User believes they suffer from a gambling addiction, or believes that someone close to them does, they are invited to consult organisations specialising in the prevention and support of problem gambling. Spin Shadow Pro is an educational and analytical tool and must not encourage excessive or uncontrolled gambling.
8. Other rights and obligations of the parties
8.1.The User acknowledges that the computer programs, interfaces, databases, content, models, algorithms, dashboards, graphic elements and features comprising the Service are protected by copyright, database rights, trademark law and, more generally, by applicable intellectual property rules.
8.2.The User undertakes not to perform any act likely to enable themselves or a third party to copy, extract, reconstruct, disassemble, modify, disrupt, misappropriate or exploit the programs, data, models or content of which the Provider is the owner, licensee or authorised user.
8.3.Unless otherwise stated, the Provider is not bound by any specific professional code of conduct towards the User. The Provider acts in accordance with the laws and regulations applicable to its activity.
8.4.The Provider ensures the amicable handling of consumer complaints by electronic means at the contact address indicated herein. The Provider will communicate to the User a response or information regarding the handling of their complaint at the e-mail address provided in their User Account.
8.5.In the event of a consumer dispute, the User may resort to the amicable dispute resolution or consumer mediation mechanisms applicable in France, subject to legal conditions. The Provider may, where applicable, indicate the contact details of the competent mediator in its Legal Notice or upon request.
8.6.Supervision of personal data protection is exercised by the competent supervisory authority, in particular the CNIL where French law applies. Obligations relating to consumer protection, commercial fairness and data protection apply within the limits provided for by the regulations.
8.7.The User accepts that errors may occur in the provision or use of the Service. The rights and obligations of the parties concerning the Provider’s liability for defects in the Service are governed by applicable law. The User may exercise their rights by contacting the Provider by e-mail at the contact address indicated herein.
8.8.Unless otherwise required by mandatory law, the parties agree that the Provider may only be held liable in the event of a proven culpable breach of its contractual obligations.
8.9.In the event of damage suffered by the User in connection with the Provider’s liability for a defect in the Service, and except in cases of wilful misconduct, gross negligence or contrary mandatory legal provisions, the parties agree to limit the total compensation potentially owed by the Provider to the amount actually paid by the User to the Provider over the twelve (12) months preceding the event giving rise to the damage. This limitation covers in particular loss of profit, loss of business, loss of opportunity, loss of data, commercial loss or any indirect damage.
9. Personal data protection
9.1.The Provider complies with its information obligations towards the User within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), by means of a separate Privacy Policy.
9.2.The Privacy Policy specifies in particular the categories of data processed, the purposes, the legal bases, the recipients, the retention periods, the User’s rights and the procedures for exercising those rights.
9.3.The User acknowledges that certain data is necessary for the operation of the Service, in particular account data, subscription data, technical data and data relating to the features used. Refusal to provide certain data may prevent access to all or part of the Service.
10. Commercial communications and cookies
10.1.The User may consent to receiving information, offers, news and commercial communications from the Provider relating to the Service, its features, its offers or its activities. Where permitted by law, certain communications may also be based on the Provider’s legitimate interest, in particular towards existing users for similar services.
10.2.The User may object at any time to receiving commercial communications by using the unsubscribe link in the e-mails or by contacting the Provider.
10.3.The Provider fulfils its obligations relating to the placement and use of cookies or similar technologies on the User’s terminal by means of a dedicated policy, a consent banner or settings available on the platform.
10.4.Some cookies are necessary for the operation of the Service, while others may be used for analytics, audience measurement, personalisation or advertising purposes, subject to the User’s consent where required.
11. Term of the service contract
11.1.The Service Contract takes effect upon its conclusion, in accordance with Article 2 of these Terms.
11.2.Where the User subscribes to Advanced Features for the first time, they may, where applicable law so provides and subject to not having started to use the Service or having validly waived their right of withdrawal, exercise a right of withdrawal within the applicable statutory periods. Where the User accepts immediate performance of the Service and acknowledges losing their right of withdrawal after use, no automatic refund is due once the Service has commenced.
11.3.If a refund is granted by the Provider, it may be refused or reduced in particular where the User has already benefited from a refund, has substantially used the Service, has analysed a significant volume of poker hands or situations, has consumed Credits, has shared their account, has breached these Terms or has been subject to termination for fault.
11.4.No refund is due where the User changes Plan, upgrades to a higher Plan or subscribes to an option after the expiry of any withdrawal period or after use of the Service, unless commercially decided by the Provider or otherwise required by law.
11.5.The Service Contract is concluded for an indefinite term for general access to the Service. Either party may terminate it in accordance with the procedures set out herein. Where the User has subscribed to Advanced Features, paid access is concluded for the duration corresponding to the period chosen and paid for by the User.
11.6.Upon expiry of the paid period, the User may reactivate or renew their Advanced Features by following the instructions displayed in their User Account and making the corresponding payment.
11.7.In the event of a breach by the User of their obligations under the Service Contract, these Terms or applicable laws, the Provider may suspend or terminate the Service Contract. Termination for fault takes effect upon notification to the User, unless otherwise indicated by the Provider. Termination does not deprive the Provider of its right to seek compensation for damage or to take any measure necessary to protect the Service.
12. Notifications and procedures
12.1.Unless otherwise agreed, any correspondence relating to the Service Contract, complaints, legal notifications or procedures connected with the Service may be sent in writing and by electronic means. The User shall be deemed validly contacted at the e-mail address provided in their User Account.
12.2.The User is responsible for the validity and accessibility of their e-mail address. Any notification sent to the address provided in the User Account is deemed received, unless proven otherwise.
13. Final provisions
13.1.Relations connected with the use of the Spin Shadow Pro platform and the Service Contract are governed by French law. This choice of law does not deprive the consumer User of the protection afforded to them by the mandatory provisions of the law of their country of residence where such provisions are applicable under private international law rules.
13.2.Subject to mandatory rules applicable to consumers, the competent French courts shall have sole jurisdiction over any dispute relating to the formation, interpretation, performance or termination of the Service Contract.
13.3.The Provider is authorised to assign, transfer or entrust to a third party all or part of its rights and obligations under the Service Contract, in particular in the event of restructuring, merger, acquisition, transfer of business, change of infrastructure or technical transfer of the Service. The User expressly accepts this possibility, subject to compliance with applicable mandatory rights.
13.4.The Service Contract, including these Terms, is archived electronically by the Provider. It may not be publicly accessible in all of its historical versions. The version in force is the one published on the platform or communicated to the User.
13.5.The Provider’s contact details are as follows: Monolith SAS - Spin Shadow Pro, APPT N°4 Résidence Le Perchoir - Saint-Gilles, 46 Rue du Général de Gaulle, 97460 Saint-Paul - Réunion - France. E-mail: contact@spinshadowpro.com.
13.6.Server infrastructure: Hostinger VPS located in Germany. Application data and database: Supabase located in France, subject to changes in providers or technical infrastructure.