These Terms of Service ("Terms") govern your use of the FIVECARD mobile application and the website where these Terms are hosted (together, the "Service"), operated by BeachDev LLC ("BeachDev," "we," "us," or "our"). By downloading, installing, or using FIVECARD, you agree to these Terms. If you do not agree, do not use the Service.
FIVECARD is a software tool for poker tournament operators and home-game hosts. It helps you build blind structures, run a tournament clock, manage player rosters, calculate payouts, and keep records of past events. The App is a utility — it does not deal cards, generate randomness used for play, hold money, process wagers, or determine the outcome of any game.
You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to use FIVECARD. By using the Service, you represent that you meet this requirement and that your use of the Service does not violate any law that applies to you.
Subject to these Terms, BeachDev grants you a limited, personal, non-exclusive, non-transferable, revocable license to install and use FIVECARD on devices you own or control, for your personal or internal business use. You may not:
You agree to use FIVECARD only for lawful purposes. You are solely responsible for the games, tournaments, players, money, prizes, and any other activity associated with your use of the App. You will not use the App to facilitate any activity that is illegal in your jurisdiction, including any form of unlawful gambling. You agree not to enter information about other people into the App without a reasonable basis to do so, and you agree to handle any player information you enter (including names and results) in accordance with applicable privacy law.
FIVECARD does not offer, operate, or facilitate gambling. The App does not accept wagers, hold or transfer player funds, deal cards, or determine the outcome of any hand or tournament. Any actual gambling, prize distribution, or money handling that occurs at a game you run is between you and the players involved, and is your responsibility. Gambling laws vary significantly by state, country, and locality — including with respect to private home games — and you are responsible for knowing and following the laws that apply to you.
FIVECARD, including its design, code, branding, and content, is owned by BeachDev LLC and protected by copyright, trademark, and other intellectual property laws. "FIVECARD" and the FIVECARD logo are trademarks of BeachDev LLC. Nothing in these Terms transfers ownership of any of our intellectual property to you. Tournament data and rosters you enter into the App remain yours.
If FIVECARD offers paid features, in-app purchases, or subscriptions, those transactions are processed by Apple under Apple's terms. Pricing, billing, renewal, and cancellation are governed by your App Store account. We do not control, store, or process your payment card information. Refund requests are handled by Apple under Apple's refund policy.
We may release updates, add features, remove features, or change how the App works. We may also discontinue the App, in whole or in part, at any time. We are not obligated to provide any specific feature, update, or level of support.
The App may interact with third-party services and platforms (for example, Apple's iCloud, the App Store, or other tools you choose to share to). Those services are governed by their own terms and privacy policies, and we are not responsible for them.
You may stop using FIVECARD at any time by deleting the App from your device. We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or if we discontinue the Service. Sections of these Terms that by their nature should survive termination will survive — including ownership, disclaimers, limitations of liability, and dispute resolution.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THAT TIMERS, BLIND CALCULATIONS, PAYOUT FORMULAS, OR ANY OTHER OUTPUT OF THE APP WILL BE ERROR-FREE OR SUITABLE FOR ANY PARTICULAR TOURNAMENT OR GAME. YOU USE THE SERVICE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, BEACHDEV LLC AND ITS MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) FIFTY U.S. DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless BeachDev LLC and its members, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) any gambling, prize, or money-handling activity associated with games you run using the App.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of those courts. Nothing in this section limits any non-waivable rights you may have under the laws of your jurisdiction.
You acknowledge that these Terms are between you and BeachDev LLC, not Apple, and that Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. BeachDev LLC, not Apple, is responsible for addressing any claims relating to the App, including product liability, legal or regulatory compliance, and consumer protection claims. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
These Terms are the entire agreement between you and BeachDev LLC regarding the Service. If any provision is found unenforceable, the rest will remain in effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms; we may assign them to an affiliate or successor.
BeachDev LLC
Attn: FIVECARD Legal
Email: admin@beachdevllc.com