Terms of Service | BookiePerHead

This agreement

These are the terms on which BookiePerHead provides its software and related services to the businesses and individuals who run a sportsbook, racebook or casino on it. These terms are an agreement between you and BookiePerHead ("we", "us"). In these terms, "you" means the operator using the service.

You accept these terms when you do any of the following: activate an account, sign or accept an Order Form, use the platform, or keep using the platform after we have given notice of a change. If you accept on behalf of a company, you are telling us you have the authority to bind that company, and "you" then means the company.

Your agreement with us is made up of these terms, any Order Form you have accepted, and any policy or rules these terms point to. If an Order Form you have accepted expressly says something different from these terms about a commercial term that is specific to you, such as your rate, your weekly minimum or your billing day, the Order Form wins for that term. Otherwise these terms apply.

Words used in these terms

Most of these terms use ordinary words in their ordinary sense. A few are used in a specific way throughout, and they are set out here so the rest of the document can be short.

Service, or the platform: The BookiePerHead software, the systems that run it, and the support and account services we provide with it.
Order Form: A written record, which may be electronic, of the commercial terms specific to you: your plan, your rate, any weekly minimum, your billing day and payment arrangement, and anything else we have agreed in writing.
Player: A person who places wagers with you. Players are your customers, not ours.
Player Account: The account you create on the platform for a Player, and the records that attach to it.
Agent and Sub-Agent: A person you give access to the platform to manage some or all of your Players under your account, at any level of the agent tree you configure.
Authorized User: Anyone who accesses the platform under your account: you, your administrators, managers, Agents, Sub-Agents, employees and contractors.
Billing Week: The seven-day period over which activity is counted for billing. Its boundaries are set in your Order Form or at onboarding.
Active Head: A Player who had at least one wager graded during the Billing Week. Graded means settled: won, lost or pushed. The definition is in full under What it costs.
Live Dealer Active Head: A Player who created billable live dealer casino activity during the Billing Week. Also defined in full under What it costs.
Fees: The amounts you owe us under these terms and your Order Form.
Customer Data: Data you and your Authorized Users put into the platform or that the platform generates for your account: Player Accounts, limits, balances, wagers, reports, settings and configuration, notes, and any branding you supply.
Personal Data: Information that identifies, or could reasonably identify, a living person.
Third-Party Services: Services we do not operate ourselves but rely on to provide the platform.

Who can use the service

You must be at least 18 years old, or older if the law where you are requires it to enter a contract, and you must have the legal capacity to do so. If you are acting for a business, you must have the authority to act for it.

You may only use the service where doing so is lawful for you. Being old enough to sign this agreement does not, on its own, make operating a book lawful in any particular place. That question is yours to answer, and it is covered under The law where you operate.

What BookiePerHead is, and what it is not

BookiePerHead is a technology provider. We build, host and maintain the platform on which you run your book, and we support you in using it. That is the whole of what we do.

In relation to your Players we are not the sportsbook, the bookmaker, the casino operator or the gambling operator. We are not their bank, their payment processor, their creditor or their debtor, and we are not a collection agent or a payout provider for anyone.

We do not accept wagers from Players.
We do not hold Player deposits, balances or bankrolls.
We do not pay Player winnings and we do not collect Player losses.
We do not extend credit to Players and we do not decide what any Player owes.
We do not operate your book for you.

We do not maintain the wagering relationship with your Players, and we do not provide player-facing account, payment, collection, payout or settlement services on your behalf. Bettor-facing support is not part of the standard service. None of this changes unless a separate service we offer says so expressly, in writing.

Your book and your players

Your relationship with your Players is yours alone. You decide who may play, on what terms, and with what limits. You are responsible for everything that relationship involves, including, where it applies to you:

verifying who your Players are and how old they are, and any KYC, anti-money-laundering or sanctions checks the law requires of you;
deposits, withdrawals, credit arrangements, balances, collections and payouts;
your house rules, betting rules and any dispute with a Player about a wager or a balance;
responsible-gambling measures, self-exclusion, and the notices and disclosures the law requires you to give Players;
what you say to your Players and how you say it;
taxes arising from your operation;
every licence, registration, authorisation and other regulatory requirement that applies to your operation.

You must keep your own player-facing terms and conditions, house rules, betting rules, privacy notice and responsible-gambling disclosures, and any other notice the law requires you to give. The platform can apply default settlement rules to wagers, and we may publish those rules for your reference. Applying them does not make us the operator of your book or a party to any wager.

Agents, sub-agents and other users

The platform lets you give access to administrators, managers, Agents and Sub-Agents at the levels you choose. Everyone who uses the platform under your account is your Authorized User, and you are responsible for what they do on it.

An action taken with credentials or permissions you issued is treated as your action, unless you have already told us that access was compromised and we have had a reasonable chance to act. When someone should no longer have access, revoke it promptly. If you cannot, tell us and we will help.

Keeping your account secure

You are responsible for the credentials issued under your account: keeping them confidential, using strong passwords, protecting administrator credentials in particular, setting permissions carefully and reviewing them from time to time. If you suspect a credential has been compromised, tell us immediately.

We may reset credentials, require additional verification, restrict access or lock an account when we reasonably believe it is compromised, being abused, or a risk to the platform or to other operators' data. We will tell you when we do, unless the law prevents it.

If either of us becomes aware of a security incident that affects your account or your Customer Data, we will each cooperate reasonably to contain and understand it.

The law where you operate

Regulation of pay-per-head services and of bookmaking differs by jurisdiction. Nothing on this site and nothing we say to you is legal advice. You are responsible for knowing what is lawful where you and your Players are, and for operating lawfully there. The service may only be used for activity that is lawful in every jurisdiction that applies to you and to your operation. BookiePerHead makes no claim to hold, and does not supply, any gambling licence or authorisation for your operation.

By using the service you confirm that your use of it, and your operation, comply with the laws that apply to you, including laws on gambling, licensing, age, identity and anti-money-laundering checks, sanctions, responsible gambling, privacy and data protection, consumer protection, advertising, tax, record-keeping and geographic restriction. We do not independently verify, and do not guarantee, that any operator's business is lawful.

You may not use the service where doing so would break the law, on behalf of a person or entity subject to sanctions, for a transaction that sanctions prohibit, or to circumvent a geographic restriction unlawfully. We may refuse, restrict, suspend or end the service where we reasonably believe continued use creates legal, regulatory, sanctions, security, fraud, financial or serious reputational risk for us or for the providers we depend on.

We may ask you for information reasonably needed to establish your identity, ownership, authority, business details, jurisdiction, and the legitimacy and compliance status of your account, where security, law, regulation, fraud prevention, payment or a provider requires it. This is about you, the operator. We do not carry out regulatory checks on your Players; that is your responsibility.

We may comply with a subpoena, court order, regulatory request, sanctions requirement or other valid legal process, and may preserve, restrict, disclose or suspend data or an account where the law requires it. We do not disclose your information without a legal basis for doing so.

Plans, Order Forms and the weekly minimum

There are two plans, Standard and Pro, and one add-on, live dealer casino. What each includes is set out on the pricing page, and the page's rate card is the published rate.

Your Order Form records what applies to you: your plan, your rate per Active Head, whether live dealer casino is on, any volume pricing or negotiated rate, any weekly minimum, your Billing Week, your billing day and how you pay. Where your Order Form is silent, the published rate and these terms apply.

A weekly minimum may apply to your account. There is no universal minimum. Any minimum that applies to you is set against your book and disclosed in your Order Form or your written onboarding terms before it is charged.

What it costs

The published rate is per Active Head per Billing Week: $8 on Standard and $11 on Pro. Live dealer casino is charged separately, at $13 per Live Dealer Active Head per Billing Week, on top of either plan. We take no percentage of your hold, your handle or your casino result.

An Active Head is a Player who had at least one wager graded during the Billing Week. Graded means settled: won, lost or pushed. The wager counts in the week it is graded, which is not necessarily the week it was placed. A Player who logs in, deposits, or holds a funded balance without a wager settling is not billed for that week. Nothing else makes a Player billable.

A Live Dealer Active Head is a Player who created billable live dealer casino activity during the Billing Week. The live dealer charge applies only to those Players and only for those weeks. A Player with sportsbook activity and no live dealer activity is not charged the live dealer add-on.

Optional features are billed as described on our pricing page.

We bill once per Billing Week, in arrears, for the Active Heads and Live Dealer Active Heads counted in that week, plus any weekly minimum shortfall recorded in your Order Form. The platform's own count is the basis for the invoice.

Fees are invoiced and due as shown on your invoice. If a payment is not made or is reversed, we may suspend the Service until it is resolved.

If you believe an invoice or an Active Head count is wrong, tell us promptly and in writing. We will review it and correct any error. Undisputed amounts remain payable while a dispute is open. If we find a platform error later, we may still correct it.

Published prices exclude taxes. You are responsible for any tax arising from your own operation. Where the law requires us to collect a tax on our Fees, we will add it to the invoice and say so.

We may change the published rate. We will let you know before a change takes effect. A change applies from the date we give, applies only to Billing Weeks after that date, and never applies retroactively. A rate recorded in your Order Form is governed by that Order Form.

A promotion, credit, discount or temporary rate has its own terms and does not change the published rate or your Order Form unless it says so in writing. If we suspend your account for non-payment, the suspension is covered under Suspension below.

Lines, odds, scores and grading

We and our data providers supply lines, odds, markets, event information, scores, statistics and market status through the platform. That data is an input to your book. You remain responsible for the wagering terms you actually offer your Players, including your limits, your adjustments and overrides, and every risk-management decision under your control.

The platform grades wagers against the results and rules configured for it, and settles them to Player Accounts on your behalf as a function of the software. Grading by the platform is not a wager between us and any Player. Where a result changes, an event is postponed, voided or cancelled, or a feed or display error is found, the platform may re-grade or correct the affected wagers. We may correct genuine platform, feed, display, settlement and grading errors when we identify them, including obvious errors in a line or a price.

Wagers are settled under the rules set in the platform. You are responsible for the rules you set for your players.

Whatever the platform's default rules say, your house rules govern your relationship with your Players, and any dispute with a Player about a grade or a price is yours to resolve.

Third parties, availability and maintenance

The platform depends on Third-Party Services. We choose them with care and we do not control them. An outage, delay, inaccuracy, suspension, maintenance window or product change at a third party can affect a feature, and we do not guarantee any third party's service.

We aim to keep the platform reliable and we run it as though your Sunday depends on it, because it does. We do not guarantee continuous availability. The service may be interrupted by maintenance, upgrades, third-party outages, network failures, or a security incident that requires us to restrict access. Any figure we publish about past uptime describes the past and is not a promise about the future. We do not offer a service-level agreement unless one is written into your Order Form.

Support is available by phone, and a person answers. That is a statement about support, not about uptime; the two are separate, and only the first is a commitment.

We may maintain, update and patch the platform, change or replace integrations and providers, add features, and retire features that are obsolete or unsupported. Where a change materially affects how you use the platform, we will give reasonable notice where it is practical to do so.

Your data

Customer Data is yours. You keep every right you have in it, and nothing here transfers ownership of your business records to us. You give us only the rights we need to host, process, transmit, secure, back up, troubleshoot, support, bill for, maintain, provide and improve the service.

Running a book means the platform necessarily processes operational data about Player Accounts: account identifiers and usernames, balances, credit, limits, wagers and their grades, sportsbook and casino activity, agent relationships, reports and account history. That is what the software is for, and it is Customer Data.

The platform does not require you to give it a Player's real name, personal phone number, personal email address, identity documents, bank details or payment credentials, and we ask you not to put that kind of information into the platform unless a specific operational, legal, security or support purpose requires it. We do not want it, we do not need it to bill you, and the less of it there is, the less there is to protect.

We may use data that has been aggregated or anonymised so that it does not identify you, any other operator or any individual, for system analytics, performance monitoring, capacity planning, fraud detection, security and product improvement. We will not attempt to re-identify anyone from it.

We keep backups for the continuity and recovery of the platform. They are not an archive we operate for you, and we do not guarantee that any particular backup remains available. You are responsible for keeping whatever records the law requires you to keep.

We take reasonable steps to protect your data. You may request a copy of it. After your account closes, we may delete it unless the law requires us to keep it.

We retain data as long as it is reasonably necessary for billing, accounting, fraud and abuse prevention, backups, dispute resolution, security, and the legal and regulatory obligations that apply to us. That means we cannot promise to delete everything the moment you ask, and we will tell you what we are keeping and why.

The details you send us about yourself through this site, and the contact details of your account contacts, are handled as described in our privacy notice. When you tick the consent box on the form, you are agreeing to this: "I agree BookiePerHead can use the details above to contact me about its software." We use those details for that one purpose. We do not sell them, rent them, or pass them to anyone else for their own marketing. You can ask us to delete them at any time by calling 1.800.414.3611.

What we do with the details you send through this website, including that form, is set out in full in our privacy notice. It covers what the site does and does not do, and how to ask us to delete it.

If the law that applies to you requires additional data protection terms, contact us.

Confidentiality

Each of us will keep the other's confidential information confidential. Yours includes your Player lists, agent structure, wagering data, limits, balances, financial reports, negotiated pricing and operational and business information. Ours includes our non-public technology, architecture, security measures, pricing that is not published, technical documentation, internal systems and proprietary processes.

Either of us may share the other's confidential information with employees, contractors, service providers and professional advisers who need it and are themselves bound to keep it confidential, and may disclose it where the law requires, giving the other notice first where the law allows.

Your branding and content

If you supply logos, trademarks, a domain, images, copy or other content for your player-facing site or for configuration of the platform, you confirm that you have the right to use it and to let us use it for that purpose. You give us a limited licence to use it solely to provide the service you have asked for. You are responsible for any claim that content you supplied infringes someone else's rights.

Acceptable use

You may not use the platform, and may not let anyone else use it, to:

break the law, commit fraud, or facilitate either;
gain or attempt unauthorised access to any system, account or data, or bypass any access control or geographic restriction;
introduce malware, mount a denial-of-service attack, steal credentials, or interfere with the platform, its infrastructure or other operators' use of it;
copy, reverse-engineer or decompile the software, except to the extent the law gives you a right we cannot exclude;
scrape or extract data from the platform by automated means without our written permission;
resell, sublicense or share access to the platform with anyone who is not your Authorized User.

Our software

The platform, its source code, architecture, APIs, interfaces, documentation, designs, trademarks and brand, and the processes and analytics behind it belong to BookiePerHead and its licensors. While your account is active and you are keeping to these terms, you have a limited, non-exclusive, non-transferable right to access and use the platform to run your book. No ownership of any software transfers to you. The right ends when the agreement ends.

If you give us feedback, ideas or feature requests, we may use them to improve the platform without owing you anything for them.

Suspension

We may suspend your account, or part of it, for non-payment, a breach of these terms, fraud or abuse, a security risk or suspected compromise, unlawful activity, a sanctions issue, a requirement of a provider we depend on, a serious regulatory risk, or an attack on our infrastructure from or through your account.

Where the problem is not urgent, we will tell you what it is and give you a reasonable chance to fix it before we suspend. Where it is a security or legal emergency, we may act first and tell you as soon as we reasonably can. Fees continue to accrue for Active Heads counted during a suspension caused by your breach or non-payment.

Cancelling and ending the agreement

There is no long-term commitment. You may cancel at any time, and cancellation takes effect at the end of the current Billing Week. The last bill is for that week. You owe us any Fees accrued up to that point, and nothing after it.

We may end the agreement on reasonable notice. We may end it immediately for a serious breach, for unlawful use, where a provider we depend on requires it, or where continued service would create the kind of risk described under The law where you operate.

When the agreement ends, your right to use the platform ends and access is closed. What happens to your Customer Data afterwards is covered under Your data. The parts of these terms that by their nature should continue after the end of the agreement do so: unpaid Fees, confidentiality, our software, your data, indemnity, the limits on liability, governing law and disputes, and the general terms.

Any amount paid in advance is applied to future invoices.

No promises about your results

The service is software and support. It is not a promise that your book will make money. We make no guarantee about your profitability, your handle or hold, the number of Players you attract or keep, your revenue, your win rate or any other financial or business outcome.

We provide the platform with reasonable skill and care and subject to the ordinary limits of software. We do not promise that it will be error-free or uninterrupted, that third-party data will be accurate or complete, that the platform will be immune from every security threat, or that it will work with every device or system. Except as these terms expressly state, we give no other warranty, and any warranty the law would otherwise imply is excluded to the extent the law allows.

Limits on liability

We are not liable for betting losses; for Player balances, debts or payouts; for any dispute between you and a Player; for lost profits, revenue or opportunities; for indirect or consequential loss; for errors in third-party data; for provider, internet or network outages; for the way you or your Authorized Users configured the platform; or for anything an Authorized User did under your account.

To the extent the law allows, our total liability under these terms is limited to the fees you have paid us for the Service.

Indemnity

You will defend us and compensate us for any third-party claim, and the reasonable costs of dealing with it, that arises from your operation of your book, from your Players, from your breach of the law or of these terms, from your house rules or your credit and payment arrangements, from a regulatory violation attributable to you, or from branding or content you supplied. This section needs review by counsel experienced in B2B sportsbook and software supply before BookiePerHead relies on it.

Events outside our control

Neither of us is liable for a failure or delay caused by something outside our reasonable control: an internet, telecommunications, cloud, provider or utility failure; a natural disaster; war, terrorism or civil unrest; labour disruption; government, regulatory or sanctions action; or a widespread cyberattack. This does not excuse a failure to pay Fees already accrued, and it does not excuse ordinary carelessness.

Changes to the service, the fees and these terms

The platform will change. We may add, alter and retire features, change integrations and providers, and evolve how the service works. We do not promise to keep every current feature forever, and where a change materially affects you we will give reasonable notice where practical.

Changes to the published rate are covered under What it costs.

We may update these terms. For a material change we will give reasonable notice, update the date at the top of this page, and tell you how continued use affects your acceptance. A change does not apply retroactively, and the consent recorded with anything you sent us through this site records the wording in force when you sent it.

Governing law and disputes

These terms are governed by the laws that apply to BookiePerHead. If a dispute arises, we will first try to resolve it with you in good faith. Nothing in these terms limits any right the law does not allow to be limited.

General terms

We are independent businesses. Nothing in these terms makes either of us the other's partner, joint venturer, employee, fiduciary or agent, and neither of us may bind the other except where these terms say so. You run your book; we run the software.

These terms create rights only between you and us. Players, Agents, Sub-Agents, vendors and other third parties get no rights under them.

You may not transfer this agreement or your account to anyone else without our written consent. We may transfer it as part of a merger, acquisition, reorganisation or sale of the relevant part of our business, subject to the law.

If a part of these terms turns out to be unenforceable, the rest continues. If we do not enforce a term on one occasion, we can still enforce it later.

These terms, your Order Form and the policies and rules they point to are the whole agreement between us on this subject and replace anything informal said before. They do not replace commercial terms we have agreed with you in writing.

We may send you operational notices, about security, billing, outages, maintenance, your account, changes to the service or to these terms, and support, by email to your account contact or through the platform. Those notices are part of running the service and are separate from any marketing you have chosen to receive.

We may contact you using the details on your account. You can contact us using the details on this site.

Contact

Use the form on the home page, or call 1.800.414.3611. A person picks up, 24 hours a day.