Last Revised on January 1, 2025
Welcome to the Terms of Service (these “Terms”) for the mobile application called Flip-a-Coin (the “App”), its related website www.flipacoin.com (“Website”), operated by or on behalf of IP BJ HOLDING BV, KVK: 83913092, Binnendelta 20d, 1261ZW Blaricum The Netherlands (“Company”, “we” or “us”). The Website, the App, and any content, tools, features and functionality offered on or through our Website and the App are collectively referred to as the “Services”.
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, you may not use the Services. We reserve the right to alter these Terms of Service at our sole discretion and without prior notice. Any changes to the Terms will be posted on our website or within the app itself. You are responsible for regularly reviewing the Terms for any updates or modifications. Your continued use of our Services after any changes to the Terms constitutes your acceptance of those modified Terms. If you do not agree with or do not understand any updated Terms, you must discontinue using our Services immediately.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” and “your” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
In the event that you violate our Terms of Service, we reserve the right to take appropriate measures against your account. Such actions may include, but are not limited to, the termination or suspension of your account access and privileges.
You understand and agree that in cases where your account is involuntarily suspended or terminated due to a breach of our policies, including of these Terms, we are under no obligation to provide reimbursements, refunds, or compensation for any Services or features you can no longer access as a result. The loss of Services (and any other losses) stemming from an account suspension or termination enforced by us will be solely borne by you.
Section 10 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes (unless otherwise required by law) related to the Company’s Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions, as set forth below. You have the right to opt-out of the arbitration clause and the class action waiver as explained in Section 10. IF YOU ARE IN THE EUROPEAN ECONOMIC AREA (“EEA”), OR A COUNTRY THAT DOES NOT ALLOW SUCH ARBITRATION AGREEMENT, SECTION 10 DOES NOT APPLY TO YOU.
| Section | Page |
|---|---|
| 1. Who May Use the Services | 2 |
| 2. User Accounts | 3 |
| 3. Description of the App | 3 |
| 4. Prizes and Winnings | 4 |
| 5. Privacy Policy | 5 |
| 6. Rights We Grant You and Your Responsibilities | 5 |
| 7. Ownership and Content | 9 |
| 8. Third Party Services and Materials | 11 |
| 9. Disclaimers, Limitations of Liability and Indemnification | 11 |
| 10. ARBITRATION AND CLASS ACTION WAIVER | 14 |
| 11. Additional Provisions | 16 |
Our Services are intended for individuals aged 18 or older. Anyone under the age of 18 who has access to devices where the Services are available, it is the responsibility of the parent or guardian of the individual under the age of 18 to monitor and restrict the use of the Services.
To utilize our paid gameplay services, you must meet the following criteria:
You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations in your jurisdiction. If you are uncertain about the legality of participating in real-money games in your area, you should seek legal advice before using the Services.
As part of our commitment to compliance with legal requirements, we may require users to verify their identity and age before allowing access to paid gameplay features. This may include providing valid identification and proof of residency.
Employees, affiliates, and agents of the Company, as well as individuals with access to materials or code that could provide an unfair advantage, are expressly prohibited from participating in any paid gameplay services or contests.
To use the Services, you need to create an account by providing your mobile number (“Account”). Upon creation of your account you may be required to provide a photo of the User along with the User’s photo ID. Account access also requires access to a supported device and an internet connection.
You must provide accurate, complete, and updated information for your Account. You can access, edit and update your Account by going to your profile page in the App. You are solely responsible for any activity associated with your Account and for maintaining the confidentiality and security of your password. You agree that you will not disclose your Account password to anyone.
We are not liable for any acts or omissions by you in connection with your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. You must immediately notify us at support@flipacoin.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.
You agree not to create any Account if we have previously removed your Account, or if we previously banned you from any of our Services, unless we provide written consent otherwise.
The App offers Users the opportunity to compete in a fast-paced, skill-based competition (“Contests”) that pits Users against each other in a virtual coin-flipping challenge. When Users enter a Contest, they are presented with a countdown (3, 2, 1) to prepare for the start. Once the countdown ends, a number of virtual coins appear on the mobile screen, each in a random location. Users must flip all coins as quickly as possible by interacting with them on their device's touchscreen. A User’s speed, reflexes, and hand-eye coordination are tested as they race to flip all coins in the shortest time possible.
Once Users have flipped all coins, their times are compared, and the User with the lowest time – indicating the fastest performance – is the winner of the Contest. The randomized placement of coins ensures that each Contest presents a unique challenge, keeping the competition fresh and fair for all participants. Each User in a competition will be presented with an identical layout of coins to flip – meaning that each User is given the same starting conditions and the only differentiating factor is the relative skill of the players.
Each Contest offered within the App is designed as a game of skill that rewards the top performing players with the highest score or scores. A “game of skill” is defined as a game where the outcome is determined predominantly by the skill, ability, knowledge, dexterity, or mental or physical adroitness of the player, rather than by pure chance or luck. Skills used in the determination of the winner in the Contest depend on the specific nature of the Contest, and include dexterity, hand-eye coordination, strategy, logic, and speed. Each player is presented with identical playing conditions at the start of the game or contest, meaning that comparative skill is the sole determining factor.
(a) Each Contest offered via the Services will include a description that sets forth (i) the requirements and other rules for participation in the Contest, if any, and (ii) any applicable prize amount that may be won from the Contest (the “Prizes”).
We reserve the right to make changes, updates, or discontinue the Services (or any part or content thereof) at any time, with or without prior notice to you. We will not be held liable to you or any third party for any modification, suspension, or discontinuation of the Services. We may also impose limitations on certain features and services or restrict your access to parts or all of the Services without notice or liability.
It is your responsibility to check for and install updates to the Services. We may release updates to improve functionality or enhance features. Some updates may be mandatory, and you must install them to continue using the Services. We are not responsible for any issues arising from your failure to install required updates.
The Company may, at any time, revise or change the requirements to entry, availability, specifications, content, descriptions or features, as applicable, of any Contests and Prizes. While we attempt to be as accurate as we can in our descriptions for the Contests and Prizes, we are unable to warrant that the descriptions are accurate, complete, reliable, current, or error-free. If a Contest or Prize itself is not as described on the Services, your sole remedy is to contact us to request a correction of your Account. The inclusion of any Contests for entry or Prizes to be won through participation in the Contests at a particular time does not imply or warrant future availability.
Prizes will be credited to the Users account. If you are eligible to receive a Prize, we may require that you provide proof that you are, or were at the time of your participation in the applicable Contest, eligible to participate in accordance with the Contest description and these Terms, and that your participation was in accordance therewith. If you do not provide such proof to our reasonable satisfaction, you may forfeit the Prize. We retain sole, absolute, and non-appealable discretion to determine the winner of each Contest. By participating in any Contest, you agree to be bound by our final decision, including and up to disqualification, forfeiture of prize funds, or any other remedy available under these Terms and under the law.
If you are a United States resident, we may send you an IRS Form W-9 to request your social security number so that we may send you a 1099-MISC or other appropriate form if your Winnings total six hundred dollars ($600) or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. If you fail to complete and return the IRS Form W-9 when required, we may suspend or terminate your Account or access to the Services.
Without limiting the foregoing, we may withhold from your existing account balance and/or delay deposit of any Prize amount into your bank account. We may withhold any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation. You are solely responsible for paying all federal, state and other taxes related to your Prizes in accordance with all applicable laws.
Our Privacy Policy describes how we handle the information you provide to us when you use the Services. Our Privacy Policy is expressly integrated into these Terms as if fully restated herein. At our core, we believe in maintaining transparency and upholding ethical standards when it comes to handling your personal information. To deliver our Services effectively, we need to gather certain data about you. However, we strictly adhere to legal requirements and only utilize your information when we have a legitimate basis to do so.
Our comprehensive Privacy Policy serves as a valuable resource, shedding light on the types of information we collect, how we utilize that data, and the choices available to you while engaging with our Services. We encourage you to review this policy carefully to gain a thorough understanding of our data practices and your rights as a user.
We hereby permit you to use the Services for your personal non-commercial use only, conditioned upon your compliance with these Terms in connection with all such use. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you a personal, limited, revocable, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Services (and the right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms in a personal non-commercial capacity.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service, or other actions that the Company, in its sole discretion, may elect to take. We are not liable to you under any circumstances for any such interruption, downtime, or other inability to use the Services (including the App).
While using the Services, you agree to:
If you have a dispute with a third party relating to your use of the Services, you release the Company (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, arising out of or in any way connected with such dispute.
We reserve the right to monitor your use of the Services and review any content you submit to ensure compliance with these Terms. We may take appropriate action against you if we determine that you have violated these Terms or engaged in any conduct that is harmful to other users or the integrity of our Services.
You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
You may not do any of the following in connection with your use of the Services, unless you have our express written permission to do so:
We use cookies and similar tracking technologies on our Services to enhance your user experience, analyze site usage, and provide personalized content and advertisements. By using our Services, you consent to our use of cookies and similar technologies in accordance with our Cookies Policy, which is incorporated into these Terms by reference. Disabling certain cookies may affect the functionality and performance of our Services.
You are responsible for providing the mobile device, wireless service plan, software, Internet connection, and/or other equipment or services that you need to download, install, and use the App. Additional fees may apply based on your wireless service provider’s policies.
These terms apply specifically if you are using the App from the Apple App Store...
The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, and other materials, are protected under copyright, trademark, and other intellectual property laws of the United States and foreign countries. You agree that the Company and/or its licensors own all right, title, and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.
The Company’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners. You may not use any trademarks without the prior written consent of the Company or the respective trademark owner.
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property right) that you may have in and to any and all Feedback.
By submitting any content through our Services (referred to as “User Content”), you grant us a perpetual, worldwide, royalty-free license to use, copy, modify, create derivative works from, display, perform, market, promote, and distribute your User Content in connection with operating our Services. This license is non-exclusive, transferable, sublicensable, and includes the right for us to sublicense your User Content to third parties.
Under this license, you allow us to:
You are solely responsible for all User Content you submit. By submitting User Content, you represent and warrant that:
We reserve the right to review, edit, or remove any User Content at our discretion without notice if we believe it violates these Terms or applicable laws. We are not responsible for any User Content submitted by users or for any loss or damage resulting from your submission of User Content.
We have a deep respect for intellectual property rights, and we expect our users to share the same values. We actively monitor and remove any content that infringes upon the intellectual property rights of others, including copyrights, trademarks, and patents.
To maintain a fair and legal environment, we reserve the right to terminate user accounts that engage in repeated infringement activities. We take intellectual property violations seriously and will not hesitate to take appropriate actions to protect the rights of content creators and owners.
If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded, or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
Notices of copyright infringement claims should be sent by e-mail to support@flipcoin.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
The Services may contain links to third-party websites, applications, or services that are not owned or controlled by the Company. We do not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. If you access a third-party website, you do so at your own risk and should review the terms and conditions and privacy policies of those websites.
The App may integrate with third-party services to enhance your experience (e.g., payment processors, social media platforms). Your use of such third-party services is subject to their respective terms and conditions. We are not responsible for any issues that may arise from your use of these third-party services.
We are not responsible for the content, accuracy, or opinions expressed in any third-party materials or websites linked from the Services. We do not investigate, monitor, or verify the information contained in those third-party sites and materials.
Your interactions with third parties found on or through the Services are solely between you and the third party. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such third parties on the Services.
Our Services and Content are provided to you on an “as is” basis, without any warranties or guarantees of any kind, to the fullest extent permitted by applicable laws. We explicitly disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. We do not warrant that our Services will meet your requirements, or that it will be available uninterrupted, secure, or error-free.
We make no representations or warranties regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content of our Services. The use of our Services and Content is at your own risk. We do not guarantee any specific results or outcomes from using our Services or any features thereof. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS-IS” and “AS AVAILABLE” basis.
Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, attorneys, counsel, consultants, partners, and licensors (the “Company Entities”) disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
You assume all risks relating to your online or offline communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services. You understand that the Company does not screen or inquire into the background of any users of the Services and makes no representations or warranties as to the conduct of users of the Services. You agree to take reasonable precautions in all communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person.
The Company Entities make no warranty or representation and disclaim all responsibility and liability for:
No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
You understand that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes of value may apply to your participation in Contests (“Gaming Laws”), and that the U.S. federal government and each U.S. state, territory, or jurisdiction may have their own Gaming Laws that are subject to change. From time to time, we may prohibit access to the Services from certain jurisdictions via geo-location or other methods (“Prohibited Jurisdiction”).
If you are located in any Prohibited Jurisdiction, you may not use our App, and any attempt to do so is a violation of these Terms. You acknowledge and agree that it is your responsibility to determine the laws of your state, jurisdiction, or territory as it relates to use of our Services. We reserve the right to monitor the location from which you access the Services to ensure compliance with these terms, and to block your access to the Services from any Prohibited Jurisdiction.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND...
By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with:
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
This Section does not apply if you are:
You and the Company agree that in the event of any dispute between you and the Company Entities, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Company Entities including the Services, the Prizes, and any use or access or lack of access thereto, will be resolved by binding arbitration...
Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Arbitration shall take place in London, United Kingdom, or remotely...
Notwithstanding the foregoing, you and the Company agree that the following types of disputes may be resolved in a court of proper jurisdiction:
Each party is responsible for its own costs and expenses related to arbitration, dispute resolution, and the Claim...
Opt-Out of Arbitration: You have the right to opt-out and not be bound by the arbitration provisions...
To the fullest extent permitted by applicable law, you and the Company each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS...
If this Class Action Waiver is limited, voided, or found unenforceable, then...
Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that the Company may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of using the App. You also understand that you may opt out of receiving text messages from us at any time, either by texting the word “STOP” to the sender using the mobile device that is receiving the messages, or by contacting support@flipacoin.com. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.
We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.
If you breach any of the provisions of these Terms, all licenses granted by the Company terminate immediately and automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason and without any obligation or liability to you. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name and any Prizes, and amounts in your account may be forfeited...
You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210. For information about your privacy rights as a California resident, please refer to the "Specific Disclosures for California Residents" section in our Privacy Policy.
You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license...
Neither the Company, any user, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, non-performance, or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure...
To the extent that these Terms allow you or us to initiate litigation in a court, other than for small claims court actions, both you and the Company agree to the exclusive jurisdiction of and venue in the state and federal courts located in the State of Delaware...
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms...
You may contact us regarding the Services or these Terms at: support@flipacoin.com
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