Terms of Service

Last updated: 20 June 2026

Version: 2.0

1. Important information

1.1 These Terms of Service (Terms) govern access to and use of StayClear, including its website, Accounts, Subscriptions, intervention profiles, decision-engine reminders, email and SMS reminders, support functions, Institution-Funded Access, trials, pilots, reports, integrations and related services.

1.2 StayClear is a user-directed decision-engine reminder and friction service intended to help a User place a message before a self-identified period when gambling pressure may increase.

1.3 StayClear is not treatment, therapy, counselling, crisis support, medical or psychological advice, psychiatric care, financial or debt advice, legal advice, safeguarding, self-exclusion, a bank gambling block, a gambling operator, an emergency service or a regulated professional service.

1.4 GAMSOL does not promise or guarantee that a User will stop or reduce gambling, avoid losses or debt, avoid relapse, improve wellbeing, receive a Reminder at an exact time, or achieve any other outcome.

1.5 Email and SMS are inherently fallible. A Reminder may be delayed, blocked, filtered, shortened, duplicated, misdirected, cancelled, undelivered or unseen.

1.6 StayClear is not monitored as an emergency or crisis service. Anyone in immediate danger, unable to stay safe, at risk of self-harm, or concerned about another person’s immediate safety must contact local emergency services or an appropriate crisis service.

1.7 Institutions and Business Users must not use StayClear as a substitute for their own legal, regulatory, clinical, employment, safeguarding, safer-gambling, vulnerability, financial-services, consumer-protection, public-law or professional duties.

1.8 These Terms contain limitations of liability, exclusions of warranties, an Institution indemnity, and an exclusive Zurich jurisdiction clause. Consumers retain only those mandatory rights that cannot validly be excluded or waived.

2. Operator and contact details

2.1 StayClear is operated by Association GAMSOL, a Swiss non-profit association with its registered office in Zurich, Switzerland (GAMSOL, we, us or our).

2.2 Postal address: Postfach, 8008 Zurich, Switzerland.

2.3 Legal, support, privacy and Account-specific requests should be sent through the StayClear contact page.

2.4 Website and contact page: StayClear contact page.

2.5 We may require a verified Account session, verified email address, verified mobile number or other reasonable proof of identity before acting on an Account-specific, payment, security, privacy or legal request.

3. Definitions

3.1 Account means a StayClear account.

3.2 Agreement means these Terms together with any Order, Plan terms, checkout information, Enterprise Agreement and data-processing or data-sharing agreement that applies under clause 4.

3.3 Business User means a person using the Service wholly or mainly for business, trade, professional, public-sector, employment, charitable, commissioning, institutional or regulatory purposes.

3.4 Consumer means an individual acting wholly or mainly outside their trade, business, craft or profession.

3.5 Content means any text, reminder wording, Risk Window, trigger note, preference, instruction, form response, support message, uploaded material or other information submitted to the Service.

3.6 Enterprise Agreement means a separate written agreement expressly accepted by GAMSOL and an Institution.

3.7 Institution means any organisation that funds, procures, refers to, deploys, pilots, integrates, evaluates, promotes, recommends, manages or otherwise uses StayClear, including a gambling operator, bank, payment firm, employer, public authority, public-health body, charity, treatment provider, university or support organisation.

3.8 Institution-Funded Access means access to the Service paid for or made available by an Institution.

3.9 Mandatory Consumer Law means any consumer-protection, choice-of-law, jurisdiction or other rule that applies compulsorily to a Consumer and cannot validly be excluded or waived by contract.

3.10 Order means an order, checkout, order form, statement of work or other document describing a Plan, price, term or funded entitlement.

3.11 Plan means any free, paid, trial, funded, institutional or other service plan made available by GAMSOL.

3.12 Protected Persons means GAMSOL’s current and former members, committee members, officers, employees, volunteers, agents, representatives, contractors and service providers.

3.13 Reminder means an email, SMS or other message scheduled through the Service.

3.14 Risk Window means a date, time, recurring period, event, situation or pattern identified by a User as a period when gambling pressure may increase.

3.15 Service means StayClear and all related websites, Accounts, checkout flows, reminder or intervention profiles, Reminders, decision-engine tools, systems, analytics, reports, trials, pilots and institutional features.

3.16 Subscription means a recurring paid Plan.

3.17 User, you and your mean any person who visits, accesses or uses any part of the Service.

4. Scope, acceptance and order of precedence

4.1 The provisions relevant to website access apply whenever a person visits or uses the website. Provisions concerning Accounts, Reminders, payments, Subscriptions or institutional use apply only where the relevant activity occurs.

4.2 A Consumer accepts the Agreement by ticking an acceptance box, confirming an Order, creating an Account, configuring a Reminder, activating Institution-Funded Access or otherwise using the Service after being given reasonable notice of these Terms.

4.3 A Business User or Institution accepts the Agreement by signing or electronically accepting an Order or Enterprise Agreement, activating or funding access, integrating with the Service, inviting Users, using reports, or otherwise using an institutional feature after being given reasonable notice of these Terms.

4.4 A person accepting the Agreement for an organisation warrants that they have authority to bind it. If they do not, they are responsible for losses caused by that false representation to the fullest extent permitted by law.

4.5 If documents conflict, the following order of precedence applies: (a) a signed Enterprise Agreement; (b) a signed data-processing, data-sharing or information-governance agreement, but only for its stated subject matter; (c) an Order; (d) these Terms; and (e) the Privacy Policy.

4.6 A purchase order, procurement portal term, supplier code, email footer, click-through term or other standard term supplied by a User or Institution does not apply unless GAMSOL expressly accepts it in a document signed by an authorised representative.

4.7 Website pages, proposals, business cases, illustrations, pilot descriptions, financial models, productivity estimates, impact claims and marketing materials are non-binding unless expressly incorporated into a signed Enterprise Agreement.

5. Eligibility and authority

5.1 A User must be at least 18 years old and legally capable of entering into the Agreement.

5.2 The Service must not be used where prohibited by applicable law, sanctions, export controls, provider rules or an instruction from a competent authority.

5.3 A User must provide accurate, current and complete information and promptly correct any material inaccuracy.

5.4 A person must not create or operate an Account for another individual, submit another person’s contact details, or arrange Reminders to another person unless GAMSOL has expressly approved that use in writing under an appropriately governed institutional arrangement.

5.5 We may verify eligibility, identity, authority, payment details, contact details or the intended use of the Service and may refuse access where verification is not satisfactory.

6. Description and nature of the Service

6.1 The Service enables a User to create an intervention profile and schedule one or more Reminders before selected Risk Windows.

6.2 Depending on the Plan and configuration, the Service may include Account access, email Reminders, SMS Reminders, delivery records, support functions, optional AI-assisted decision-engine or wording features, Institution-Funded Access, aggregate reports, trials, pilots, administrative tools and integrations.

6.3 Features may vary by Plan, country, currency, verification status, delivery channel, Institution arrangement, provider availability, cost, security and technical configuration.

6.4 Unless a feature is expressly described, consented to where required and lawfully enabled, the Service does not monitor gambling accounts, bank accounts, transactions, sports fixtures, salary or benefit payments, location, device use, emotional state, debt demands, self-exclusion status or gambling activity.

6.5 GAMSOL does not verify whether a Risk Window is accurate or complete, whether a Reminder is suitable, or whether a User has taken any action after receiving it.

6.6 GAMSOL may impose fair-use, frequency, length, country, carrier, storage, API or other operational limits and may reject use that creates disproportionate cost, risk or technical load.

7. No professional, clinical or emergency service

7.1 The Service does not provide gambling services, diagnosis, treatment, therapy, counselling, crisis intervention, safeguarding assessment, financial advice, debt advice, credit counselling, insolvency advice, legal advice, claims management, regulated financial services, regulated healthcare, self-exclusion, bank gambling blocks, employee monitoring or emergency response.

7.2 StayClear is not represented as a medical device, clinically validated treatment, regulated healthcare product, regulated gambling product, financial product, statutory service, safeguarding system or substitute for professional judgement.

7.3 Any links, helpline details or support information are general signposting only. GAMSOL does not endorse or guarantee third-party support services.

7.4 The Service is not continuously monitored. Content, support messages, trigger notes and SMS replies must not be used as emergency communications.

7.5 A User must maintain appropriate independent safeguards and obtain professional help where their circumstances require it. The Service must not be a User’s only safety plan.

7.6 If GAMSOL becomes aware of information suggesting a serious and immediate risk to life, safety or welfare, it may take any lawful step it considers appropriate, including contacting the User, pausing the Service, preserving records or disclosing limited information to emergency services, safeguarding bodies, professional advisers or competent authorities.

7.7 Clause 7.6 creates a right, not a duty. GAMSOL assumes no duty to monitor, investigate, assess risk, intervene, rescue, escalate, contact any person or provide emergency support.

8. Accounts, authentication and security

8.1 A User may need an Account and may be authenticated through a password, magic link, email verification, mobile verification, single sign-on, session token or another method selected by GAMSOL.

8.2 A User is responsible for keeping their Account, email account, mobile device, mobile number and authentication methods secure; keeping contact details current; checking spam, junk, blocked-sender and notification settings; and logging out of shared devices.

8.3 An Account is personal and must not be sold, transferred, shared or made available to another person.

8.4 A User must notify GAMSOL promptly of suspected unauthorised access, loss of control of a contact method or any security incident affecting the Account.

8.5 Unless GAMSOL has actual notice of compromise, it may act on instructions that appear to come from a properly authenticated Account or verified contact method.

8.6 GAMSOL is not responsible for loss resulting from a User’s failure to comply with this clause, except to the extent caused by GAMSOL’s breach of a mandatory duty.

9. Intervention profiles, instructions and User Content

9.1 The User is solely responsible for creating, reviewing and maintaining their intervention profile, goals, action plans, Risk Windows, contact details, time zone, wording and delivery preferences.

9.2 A User should enter only the minimum information reasonably required and should not include Content that they would not want visible in an inbox, notification preview, lock screen, shared device, employer device, family device, cloud backup, mobile-provider system or email-provider system.

9.3 A User must not submit another person’s personal data, confidential information or protected material without a lawful basis and all required authority.

9.4 A User retains ownership of their Content. The User grants GAMSOL a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, format, adapt, transmit and otherwise process that Content only as reasonably required to provide, secure, maintain, audit, support and lawfully improve the Service, comply with law and resolve disputes.

9.5 A User must not submit Content that is unlawful, infringing, deceptive, abusive, threatening, discriminatory, harassing, fraudulent, malicious, designed to bypass safeguards, likely to impair delivery, gambling marketing, or otherwise inconsistent with the purpose of the Service.

9.6 GAMSOL may refuse, edit, shorten, reformat, suppress, remove or decline to send Content where it reasonably considers this necessary for safety, legality, deliverability, provider compliance, security, cost control or service integrity.

9.7 GAMSOL has no obligation to review all Content before it is stored or sent and does not adopt or endorse User Content.

10. Scheduling and delivery of Reminders

10.1 Reminders are scheduled using the information supplied by the User, the decision-engine rules and the Service configuration then in effect.

10.2 Timing and delivery may be affected by time-zone selection, daylight-saving changes, queue processing, network conditions, maintenance, provider availability, carrier or spam filtering, message rules, Account status, payment status, retry logic and operational restrictions.

10.3 GAMSOL does not guarantee delivery at an exact second, minute or time, or before any particular gambling decision, deposit, withdrawal, wage payment, benefit payment, debt demand, sporting event, emotional trigger or other event.

10.4 A delivery record, status or provider receipt does not prove that a Reminder reached the intended device or inbox or that the User saw, read, understood or acted on it.

10.5 GAMSOL may queue, retry, reschedule, shorten, split, cancel, suppress or refuse a Reminder where reasonably necessary under the Agreement.

10.6 A User must not rely on a Reminder as a guaranteed or sole control against gambling, financial loss or any other harm.

11. Email and SMS

11.1 Email Reminders are sent to the email address recorded in the Account or intervention profile. Delivery may be affected by spam filters, junk folders, inbox rules, forwarding, clipping, disabled notifications, provider outages, domain reputation and incorrect details.

11.2 SMS is available only where included in the Plan and technically, legally and commercially available. SMS may require a verified mobile number controlled by the User.

11.3 SMS delivery may be affected by carrier filtering, sender-ID rules, roaming, number type, anti-spam systems, device settings, message length, content restrictions, network outages, country restrictions and provider rules.

11.4 A mobile or communications provider may charge the User for SMS, data, roaming or related services. Those charges are the User’s responsibility.

11.5 SMS and email content may be visible to anyone with access to the relevant device or account. The User is responsible for choosing discreet wording and appropriate channels.

11.6 SMS replies may not be monitored. A carrier command such as STOP may block future SMS. Where lawful, essential messages may continue by email.

11.7 A User must not use the Service to send a message to a contact detail they do not own or control.

12. Service communications and marketing

12.1 GAMSOL may send communications reasonably required to operate, administer, secure or support the Service, including verification, reminder, delivery, payment, renewal, cancellation, security, legal, privacy and availability notices.

12.2 Required service communications form part of the Service and cannot always be opted out of whilst an Account or Subscription remains active.

12.3 StayClear Reminders must not contain gambling offers, odds, bonuses, free bets, free spins, inducements, retention language, reactivation language or other gambling marketing.

12.4 GAMSOL will send direct marketing only where it has a lawful basis and complies with applicable electronic-marketing law.

12.5 An Institution must not use the Service, a referral route, access code, report, audience or User information for gambling, financial, employment or other direct marketing unless GAMSOL has expressly approved the use in writing and it is lawful.

13. Optional AI-assisted decision engine and wording

13.1 GAMSOL may offer optional AI-assisted decision-engine or wording features. Availability, providers and functionality may change.

13.2 AI assistance may interpret profile context or generate wording from information supplied by the User. It is not advice, diagnosis, treatment, counselling, crisis support, safeguarding guidance, financial guidance, debt guidance, legal guidance or professional judgement.

13.3 AI output may be inaccurate, incomplete, inappropriate, insensitive, repetitive, too forceful, too weak or otherwise unsuitable.

13.4 The User must review and expressly approve AI-assisted wording before use and remains solely responsible for deciding whether it is accurate, safe, private, discreet and suitable.

13.5 A User must not submit third-party personal data, confidential information, emergency information or information they are not authorised or willing to have processed by the relevant providers.

13.6 GAMSOL will not use optional AI wording to make treatment, employment, credit, lending, gambling-account, eligibility, vulnerability, safeguarding or legal decisions about a person.

14. Plans, features and usage limits

14.1 The features, channels, limits, term and price of a Plan are those shown in the applicable Order or Account.

14.2 GAMSOL may determine feature availability by country, currency, verification status, User status, Institution arrangement, provider availability, delivery rules, security, legal requirements and cost.

14.3 Plan names and configurations may change. GAMSOL may add, remove or replace a feature, provided that it gives any notice or remedy required by clause 31 and Mandatory Consumer Law.

14.4 A Plan is non-transferable and must not be resold, sublicensed, shared or commercially exploited without GAMSOL’s written approval.

14.5 GAMSOL may apply reasonable message, storage, support, API, account, seat, country, carrier or usage limits and may charge or suspend excess use where stated in an Order or reasonably necessary to prevent abuse or disproportionate cost.

15. Orders and contract formation

15.1 Before a Consumer confirms a paid Order, the checkout should identify the Plan, main features, price, currency, billing interval, automatic renewal, minimum term if any, cancellation route, material limits and taxes as required by applicable law.

15.2 The User must review and correct the Order before confirming payment. The final action must indicate an obligation to pay where required by law.

15.3 An Order is an offer by the User. A contract is formed when GAMSOL or its payment provider confirms successful payment or when GAMSOL otherwise confirms activation.

15.4 GAMSOL may reject or cancel an Order before activation because of pricing or description error, failed verification, suspected fraud, legal restriction, provider limitation, unavailability or other reasonable cause. Any amount collected for a rejected Order will be refunded.

15.5 A Subscription may start before the User completes an intervention profile. Failure to complete a profile does not postpone billing and may prevent Reminders from being sent.

15.6 An Enterprise Agreement or institutional Order is formed only when accepted in the manner stated in that document or when GAMSOL activates the agreed institutional feature after acceptance.

16. Prices, taxes and payment

16.1 Prices, currencies and billing intervals are shown in the Order. Consumer prices include taxes where required; business prices exclude taxes unless stated otherwise.

16.2 The User is responsible for bank charges, card charges, currency-conversion fees, mobile charges, roaming charges and similar third-party costs unless mandatory law provides otherwise.

16.3 Payments may be processed by Stripe or another provider identified at checkout. GAMSOL does not ordinarily receive or store full payment-card details.

16.4 By starting a Subscription, the User authorises recurring charges at the stated interval until cancellation, expiry or termination.

16.5 The User must keep payment details valid. If payment fails, GAMSOL may retry payment, request updated details, suspend paid features, pause or cancel Reminders, downgrade the Account, cancel the Subscription or terminate access.

16.6 A User must not use stolen, unauthorised, fraudulent or disputed payment credentials or use the Service for card testing or payment abuse.

16.7 An improper chargeback, payment fraud or attempted card testing may result in immediate suspension, termination, reporting to payment providers or authorities, and recovery of amounts, fees and reasonable costs.

16.8 Unless an Enterprise Agreement states otherwise, an overdue amount owed by a Business User or Institution bears interest at 5% per annum from its due date, together with reasonable recovery costs. Such a party may not withhold or set off payment except against a claim admitted in writing by GAMSOL or finally determined by a court.

17. Subscriptions, renewal and price changes

17.1 Unless cancelled, a Subscription renews automatically for the billing interval shown in the Order.

17.2 The User may cancel renewal through the Account or another cancellation route made available by GAMSOL.

17.3 GAMSOL will provide renewal, reminder and cancellation notices to the extent required by applicable law. Failure of an optional notice does not prevent renewal.

17.4 GAMSOL may change a Subscription price. A change does not affect the current paid billing period and takes effect no earlier than the next renewal after any notice required by law or promised in the Order.

17.5 A User who does not accept a renewal price must cancel before the renewal date. Renewal at the new price constitutes acceptance, subject to Mandatory Consumer Law.

17.6 A discount, voucher, trial or promotional price applies only for the stated period and conditions. GAMSOL may withdraw future promotions at any time.

18. Cancellation, withdrawal rights and refunds

18.1 A User may cancel a Subscription at any time. Cancellation stops future renewal charges but, unless mandatory law or the Order provides otherwise, takes effect at the end of the current paid billing period.

18.2 Merely stopping use, deleting an application, failing to complete a profile, changing a payment method or sending an SMS reply does not cancel a Subscription. The User must use an authorised cancellation route and obtain confirmation.

18.3 Except where required by Mandatory Consumer Law or expressly stated in an Order, GAMSOL grants no contractual cooling-off, withdrawal or change-of-mind right and fees for the current billing period are non-refundable.

18.4 Where Mandatory Consumer Law grants a withdrawal or cooling-off right, the Consumer may exercise it by a clear statement or by any online withdrawal or cancellation function required by that law. Any region-specific notice supplied at checkout forms part of the Agreement.

18.5 Where lawful and requested at checkout, the Service may start immediately during a statutory withdrawal period. The Consumer may be required to pay a proportionate amount for service supplied before cancellation, or may lose a right concerning digital content, only where the applicable legal conditions have been satisfied.

18.6 No refund is due merely because a User gambled, lost money, incurred debt, relapsed, ignored or missed a Reminder, did not read a Reminder, failed to complete a profile, entered incorrect details, did not obtain the hoped-for outcome, or experienced provider filtering or delivery failure outside GAMSOL’s reasonable control.

18.7 A refund may be due where required by law, where GAMSOL charged incorrectly, where a paid Service was materially misdescribed, or where GAMSOL terminates a paid Consumer Subscription without cause during a paid period.

18.8 An approved refund will normally be made to the original payment method. Statutory refunds will be made within the legally required period; other refunds within a reasonable period.

18.9 A User is not entitled to duplicate recovery through both a refund and a chargeback or other payment reversal.

19. Institution-Funded Access

19.1 Institution-Funded Access may be provided through access codes, vouchers, funded seats, referral links, benefits portals, pilots or other approved routes.

19.2 A funded entitlement is limited to the period, Plan, seats, countries and conditions agreed with the Institution. It may end when funding, a pilot or the relevant arrangement ends.

19.3 Unless a separate notice and agreement clearly state otherwise, the individual User controls their own intervention profile, Risk Windows and wording.

19.4 Unless clearly disclosed, lawful and agreed, the Institution does not receive personal trigger notes, reminder wording, message content, support messages, full profiles or User-level sensitive information.

19.5 GAMSOL may provide aggregate or operational information such as codes issued and redeemed, activation rates, profile completion, numbers of Reminders scheduled or sent, delivery reliability, support volumes and continuation or cancellation volumes.

19.6 Individual-level reporting requires clear prior disclosure, a lawful basis, necessity, proportionality, any required consent and an appropriate written data arrangement.

19.7 A funded User who paid no fee to GAMSOL has no claim to a monetary refund when funded access ends.

20. Institutions and Business Users

20.1 An Institution must not deploy, integrate, fund, resell, white-label, embed, co-brand or operationalise the Service without GAMSOL’s prior written approval.

20.2 An enquiry, discussion, proposal, pilot request or website access does not create a partnership, agency, joint venture, exclusivity, referral obligation, procurement award, data-sharing arrangement, integration commitment, service level, support commitment or duty to proceed.

20.3 Each Institution is solely responsible for its own legal, regulatory, governance, procurement, clinical, employment, safeguarding, consumer, financial-services, gambling, equality, data-protection and public-law compliance.

20.4 An Institution must ensure that every invitation, referral, access code, benefit, customer journey or deployment is lawful, fair, transparent, non-coercive, appropriately governed and accompanied by required notices.

20.5 An Institution must not represent StayClear as clinically validated, regulator-approved, an official public service, a guaranteed intervention, a crisis service, a compliance cure, a statutory substitute or a substitute for regulated or professional duties unless GAMSOL has expressly authorised the precise statement in writing.

20.6 Unless an Enterprise Agreement states otherwise, GAMSOL acts as an independent controller of individual Account and reminder-profile data, not as the Institution’s processor.

20.7 An Institution must not seek or instruct disclosure of personal User Content without a lawful basis and an agreed written data arrangement.

20.8 GAMSOL may require information reasonably necessary to assess an institutional use, investigate misuse, verify compliance or protect Users. It may suspend or withdraw approval if the Institution does not cooperate or if the use creates legal, regulatory, reputational, safety, security or operational risk.

20.9 Unless expressly stated in an Enterprise Agreement, reports, models, examples, forecasts and business cases are illustrative only and may not be relied on as promises of savings, outcomes, compliance or return on investment.

21. Sector-specific institutional restrictions

21.1 Gambling operators and gambling-sector suppliers must not use StayClear to promote gambling, retain or reactivate customers, increase deposits or play, advertise odds or incentives, suppress complaints, delay withdrawals, avoid self-exclusion, create a misleading compliance record, or condition withdrawal, account closure, limits, self-exclusion, complaint handling or vulnerability support on use of StayClear.

21.2 A gambling operator remains solely responsible for all customer-interaction, affordability, vulnerability, social-responsibility, anti-money-laundering, advertising, complaint, self-exclusion, account-closure, source-of-funds, financial-risk-check and regulatory-reporting duties. Offering StayClear does not prove compliance.

21.3 A bank, lender, payment firm or other financial organisation must not use StayClear as a substitute for vulnerability duties, complaints handling, gambling blocks, arrears support, forbearance, affordability, fraud, financial-crime or safeguarding processes, or make an adverse decision based on StayClear use without a lawful, fair and transparent process.

21.4 An employer or workplace-benefit provider must not use StayClear for monitoring, discipline, productivity surveillance or fitness-for-work assessment, or require use as a condition of employment, pay, promotion, benefits, sickness management, disciplinary outcome or workplace access unless expressly agreed, lawful, necessary, proportionate and appropriately safeguarded.

21.5 A public-health body, commissioner, charity, university, treatment provider or support organisation must not present StayClear as clinical treatment, statutory care, safeguarding assessment, public-health surveillance or emergency response, and must not make outcome claims without adequate evidence and GAMSOL’s written approval.

21.6 No Institution may coerce, profile, discipline, disadvantage, target, market to or make an automated or materially adverse decision about a person because of StayClear use unless that use is expressly agreed in writing, lawful, transparent, necessary, proportionate and subject to appropriate safeguards.

22. Privacy and data protection

22.1 GAMSOL’s Privacy Policy explains how personal data are processed. It is separate from these Terms and does not turn acknowledgement of the Privacy Policy into consent where consent is legally required.

22.2 Intervention profiles may contain sensitive personal data or information from which gambling, health, finances, debt, relationships, stress, isolation, behaviour or wellbeing may be inferred.

22.3 The User decides what Content to enter and should minimise it. Email, SMS and internet transmission are not fully private or completely secure.

22.4 GAMSOL may use processors and service providers and may transfer data across borders as described in the Privacy Policy and permitted by applicable law.

22.5 Privacy requests must be made through an authorised route. GAMSOL may verify identity and may retain records where lawfully required for accounting, security, fraud prevention, audit, dispute resolution, legal compliance or defence of claims.

22.6 An Institution must not attempt to identify a person from aggregate information or combine StayClear data with other data to infer sensitive information unless expressly agreed, lawful and appropriately safeguarded.

23. Analytics, evaluation and anonymised information

23.1 GAMSOL may use operational data to assess service performance, delivery reliability, uptake, completion, failed sends, support needs, security, abuse, cost and product performance.

23.2 GAMSOL may create and use aggregate, anonymised or statistical information for service improvement, research, evaluation, commissioner or funder reporting, public-interest analysis and product development, provided that it does not intentionally identify an individual.

23.3 Aggregate reports may be provided to Institutions as agreed. Directly identifying reminder content will not intentionally be included in an aggregate report.

23.4 Research requiring consent, ethics approval, public-sector governance or additional privacy information will not be undertaken until the required process is in place.

24. Third-party services

24.1 GAMSOL may use third parties for payments, hosting, email, SMS, analytics, security, support, administration, AI assistance and other operational functions.

24.2 Third-party services may be delayed, restricted, unavailable, modified, suspended or discontinued and may be subject to provider rules and technical limitations.

24.3 GAMSOL will select and manage providers with reasonable care but does not control telecommunications networks, carriers, email systems, payment networks, hosting infrastructure or other external systems.

24.4 A User must not use the Service in a way that breaches an applicable provider rule or causes GAMSOL or a provider to face abuse complaints, blocking, sanctions, cost or legal risk.

24.5 GAMSOL may replace a provider or route without notice where reasonably necessary, subject to applicable law and any binding Enterprise Agreement.

25. Availability, maintenance and support

25.1 GAMSOL will use reasonable care and skill in providing the Service but does not guarantee uninterrupted, error-free, instantaneous, continuously monitored or perfectly timed availability.

25.2 The Service may be unavailable because of maintenance, updates, security work, provider outages, networks, payment systems, cyber incidents, legal restrictions, abuse prevention, force majeure or other circumstances outside GAMSOL’s reasonable control.

25.3 Support is provided through the routes GAMSOL makes available. Unless an Enterprise Agreement states otherwise, GAMSOL does not guarantee a response or resolution time.

25.4 Support communications are not emergency communications and are not monitored continuously.

25.5 A User should retain any copy of Content or records they require. GAMSOL does not guarantee permanent storage or recovery of Content except where expressly agreed.

26. Acceptable use

26.1 A User must use the Service lawfully, responsibly and only for its intended purpose.

26.2 A User must not: (a) send messages to a person or contact detail they do not control; (b) harass, threaten, deceive, distress or impersonate another person; (c) access another Account; (d) bypass safeguards or usage limits; (e) scrape, crawl, harvest or extract data; (f) reverse engineer or derive source code except where the law cannot validly prohibit it; (g) overload, attack, probe, disrupt or introduce malware; (h) test stolen cards or commit fraud; (i) resell or sublicense access; (j) use the Service for gambling marketing, surveillance or unlawful profiling; (k) misuse reports; (l) create a competing product from GAMSOL’s non-public systems, workflows, templates or materials; or (m) use the Service in a way that creates unreasonable legal, regulatory, safety, security, cost or reputational risk.

26.3 GAMSOL may monitor technical and operational use to detect fraud, abuse, security threats, provider-rule breaches and violations of the Agreement.

26.4 A User must cooperate reasonably with an investigation of suspected misuse and preserve relevant information where lawfully requested.

27. Intellectual property

27.1 The Service, software, systems, workflows, templates, documentation, reports, website content, designs, databases, names, marks and logos belong to GAMSOL or its licensors.

27.2 Subject to the Agreement, GAMSOL grants the User a limited, revocable, non-exclusive, non-transferable right to access and use the Service for the permitted purpose during the applicable entitlement.

27.3 No intellectual-property right is transferred. A User must not copy, reproduce, modify, distribute, publish, frame, mirror, scrape, resell, license, reverse engineer, create derivative works from or commercially exploit the Service except as expressly permitted by law or in writing.

27.4 A User or Institution must not use GAMSOL’s name, StayClear name, logo, screenshots, reports or materials in marketing, procurement, regulatory, investor, employment, gambling, banking, public-sector, fundraising or press materials without prior written approval.

27.5 The User retains ownership of User Content subject to clause 9.4.

28. Confidentiality

28.1 GAMSOL will handle User intervention profiles, trigger notes, wording and support messages in accordance with the Agreement, Privacy Policy and applicable law.

28.2 Information submitted by an Institution during an enquiry, procurement or discussion is not confidential unless GAMSOL has signed a confidentiality agreement or expressly accepted confidentiality in writing.

28.3 Each Institution must keep GAMSOL’s non-public technical, security, commercial, pricing, product and reporting information confidential and must use it only for the agreed purpose.

28.4 Confidentiality does not apply to information that is public without breach, already lawfully known, independently developed, lawfully obtained from a third party, or required to be disclosed by law or competent authority.

28.5 Where disclosure is legally required, the receiving party should, where lawful and practicable, give prompt notice and disclose only what is required.

29. Publicity, references and feedback

29.1 An Institution must not issue a press release, case study, regulatory submission, procurement reference, marketing statement or impact claim concerning GAMSOL or StayClear without GAMSOL’s prior written approval.

29.2 GAMSOL may identify an Institution as a customer, funder, pilot participant or deployment partner only where the relevant agreement permits it or the relationship is already public and the reference is accurate and lawful.

29.3 Approved public statements must be accurate, evidence-based, non-misleading and consistent with the Agreement.

29.4 A User who provides suggestions, ideas or feedback grants GAMSOL a perpetual, worldwide, irrevocable, royalty-free right to use and exploit them without restriction or compensation, provided GAMSOL does not identify the User without permission.

30. Trials, pilots and beta features

30.1 GAMSOL may offer a trial, pilot, beta, test feature, limited release or experimental functionality.

30.2 Such functionality may be incomplete, unstable, subject to additional limits, modified or withdrawn at any time.

30.3 Unless expressly agreed in an Enterprise Agreement, a trial or pilot includes no service level, uptime, response time, integration, support, data-retention, outcome, renewal or continuation commitment.

30.4 GAMSOL may end a free trial, unpaid pilot or beta feature at any time without compensation.

30.5 Mandatory Consumer Law is not affected.

31. Changes to the Service

31.1 GAMSOL may change the Service to improve functionality, safety, security or accessibility; comply with law or provider requirements; prevent abuse; control disproportionate cost; update technology; or add, remove or replace features.

31.2 GAMSOL may make urgent changes without prior notice where reasonably necessary for security, legal compliance, provider requirements, user safety or service stability.

31.3 If a non-urgent change materially reduces a principal paid feature for an active Consumer during a paid period, GAMSOL will give reasonable notice where practicable and provide any remedy required by Mandatory Consumer Law. Where no mandatory remedy is prescribed, the Consumer’s sole remedy is cancellation and a pro-rata refund for the materially affected unused period.

31.4 A Business User or Institution has no remedy for a Service change except as expressly stated in an Enterprise Agreement.

32. Changes to these Terms

32.1 GAMSOL may update these Terms and will publish the updated version with a revised date.

32.2 A change may take effect immediately where reasonably necessary for legal compliance, security, abuse prevention, provider requirements or to correct an obvious error.

32.3 For another material change affecting an active paid Consumer Subscription, GAMSOL will give reasonable advance notice where required. The Consumer may cancel before the change takes effect.

32.4 Continued use after the effective date, or renewal after notice, constitutes acceptance of the updated Terms to the extent permitted by law.

32.5 An Enterprise Agreement may specify a different change-control process.

33. Suspension and termination

33.1 GAMSOL may suspend, restrict or terminate access where: (a) the User breaches the Agreement; (b) payment fails; (c) fraud, misuse or unauthorised use is suspected; (d) information is false or unverifiable; (e) a contact detail is not controlled by the User; (f) Content creates risk; (g) legal compliance or a competent authority requires it; (h) a provider requires it; (i) Institution-Funded Access ends; (j) a Plan or feature is discontinued; (k) the Account is inactive; or (l) continued access creates unreasonable legal, regulatory, operational, financial, security, safety or reputational risk.

33.2 GAMSOL will give notice where reasonable, but may act without notice where urgent action is appropriate.

33.3 Suspension may include pausing or cancelling Reminders, disabling channels, restricting reports, removing Content, blocking integrations or preventing access.

33.4 A User may stop using the Service at any time, but must cancel a Subscription to stop future renewal charges.

33.5 If GAMSOL terminates a paid Consumer Subscription without cause during a paid period, it will provide a pro-rata refund for the unused paid period unless another remedy is required by law.

33.6 No refund is due where suspension or termination results from the User’s breach, non-payment, misuse, fraud, provider-rule breach or legal restriction attributable to the User.

34. Consequences of termination and survival

34.1 On expiry or termination, the User’s right to access the affected Service ends and future Reminders may be cancelled, suppressed or allowed to expire.

34.2 Accrued payment obligations and rights arising before termination remain enforceable.

34.3 GAMSOL may delete or anonymise Content after termination in accordance with its retention practices, subject to legal obligations, legitimate retention needs and data-protection rights.

34.4 Clauses which by nature should survive continue after termination, including clauses concerning payment, intellectual property, confidentiality, publicity, disclaimers, liability, indemnities, records, governing law and jurisdiction.

35. Warranties, disclaimers and allocation of responsibility

35.1 The Service is a reminder and friction tool only. The User retains responsibility for decisions to gamble, deposit, borrow, chase losses, contact an operator, close an account, self-exclude, complain, disclose information or take any other action.

35.2 GAMSOL does not assume responsibility for preventing gambling, financial loss, debt, relapse, distress, self-harm, relationship consequences, employment consequences, banking consequences, regulatory consequences or any other outcome.

35.3 To the fullest extent permitted by law, GAMSOL gives no warranty or representation that: (a) a Reminder will prevent or reduce gambling; (b) a Reminder will be sent, received, read, understood or acted on; (c) delivery will occur at an exact time; (d) the Service will be uninterrupted, secure or error-free; (e) information will be complete, current or suitable for a particular person; (f) an Institution will satisfy a duty by using StayClear; or (g) any deployment will produce savings, impact, compliance or a particular result.

35.4 Website information, examples, templates and support information are general only and must not be relied on as professional advice or as sufficient for legal or regulatory compliance.

35.5 All implied warranties, conditions and terms are excluded to the fullest extent permitted by law. Nothing in this clause excludes a mandatory obligation to provide a Consumer service with reasonable care and skill.

36. Liability to Consumers

36.1 This clause applies only to Consumers and is subject to Mandatory Consumer Law.

36.2 GAMSOL is responsible only for direct and foreseeable loss caused by its breach of the Agreement or failure to use legally required care and skill.

36.3 GAMSOL is not responsible for loss that is remote, unforeseeable, avoidable through reasonable action by the Consumer, caused by inaccurate instructions or contact details, caused by unauthorised Account access attributable to the Consumer, or caused by a third-party network or provider outside GAMSOL’s reasonable control.

36.4 Gambling losses, gambling spend, gambling debts, missed winnings, loss of opportunity, relapse, distress, relationship consequences, employment consequences, bank consequences, operator consequences and complaint outcomes are excluded except to the extent the Consumer proves that a specific loss was directly and foreseeably caused by GAMSOL’s legally actionable breach and is recoverable under Mandatory Consumer Law.

36.5 To the fullest extent permitted by law, GAMSOL’s aggregate liability to a Consumer arising from or connected with a Subscription in any rolling 12-month period is limited to the greater of: (a) the fees paid by that Consumer for the relevant Subscription during that period; and (b) CHF 100.

36.6 The exclusions and cap do not apply to fraud, fraudulent misrepresentation, wilful misconduct or gross negligence by GAMSOL, death or personal injury to the extent liability cannot be excluded, or any other liability or mandatory remedy that cannot lawfully be excluded or limited.

36.7 The Service is supplied to Consumers for personal use. GAMSOL is not liable for business loss arising from unauthorised business use by a Consumer.

37. Liability to Business Users and Institutions

37.1 This clause applies to every Business User and Institution, whether liability is alleged in contract, tort, culpa in contrahendo, unjust enrichment, statute, data protection or otherwise.

37.2 To the fullest extent permitted by law, GAMSOL and the Protected Persons exclude liability for loss of profit, revenue, anticipated savings, business, contracts, goodwill, opportunity or data; regulatory fines, penalties or enforcement; complaints, employment claims, customer or User claims attributable to the Institution; procurement loss; reputational damage; and all indirect, incidental, special or consequential loss.

37.3 Unless an Enterprise Agreement states otherwise, GAMSOL’s total aggregate liability to a Business User or Institution for all claims arising in any rolling 12-month period is limited to the greater of: (a) the fees actually paid to GAMSOL by that party for the affected Service during that period; and (b) CHF 1,000.

37.4 For a free trial, unpaid pilot, website access, enquiry, proposal or pre-contract discussion, GAMSOL’s total aggregate liability is limited to CHF 100.

37.5 GAMSOL excludes liability for acts and omissions of auxiliary persons to the fullest extent permitted by Article 101 of the Swiss Code of Obligations.

37.6 The exclusions and caps do not apply to fraud, wilful misconduct or gross negligence by GAMSOL, or any liability that Swiss law does not permit to be excluded or limited.

37.7 The limitations in this clause are cumulative, apply to the Agreement as a whole, and are not increased by the number of Users, Accounts, events, claims, legal theories or claimants.

38. Claims against GAMSOL only; Protected Persons

38.1 The obligations under the Agreement are owed solely by Association GAMSOL.

38.2 To the fullest extent permitted by law, no User, Business User or Institution may bring a claim arising from the Service or Agreement against any Protected Person in their personal capacity.

38.3 The Protected Persons may rely directly on every exclusion, limitation, waiver, defence and indemnity stated to protect them. GAMSOL enters into those provisions for itself and as a stipulation in favour of the Protected Persons.

38.4 Nothing in this clause protects a person from liability that cannot lawfully be excluded.

39. Institution indemnity

39.1 Each Institution must indemnify, defend and hold harmless GAMSOL and the Protected Persons from all third-party claims, regulatory action, losses, liabilities, damages, penalties, costs and reasonable professional fees arising from or connected with: (a) the Institution’s breach of the Agreement; (b) unlawful or misleading referral, deployment, data sharing, monitoring, profiling or marketing; (c) an inaccurate or unauthorised statement about StayClear; (d) misuse in a gambling, banking, employment, public-health, customer or support journey; (e) breach of the Institution’s gambling, employment, financial-services, data-protection, safeguarding, procurement, equality, consumer-protection or public-law duties; (f) a claim by the Institution’s employee, customer, service user, resident, regulator or other third party arising from the Institution’s act or omission; or (g) use of the Service without authority.

39.2 The indemnity does not apply to the extent a final judgment determines that the relevant loss was caused by GAMSOL’s fraud, wilful misconduct or gross negligence.

39.3 GAMSOL must give reasonable notice of an indemnified claim. The Institution may participate in the defence, but GAMSOL may control the defence and settlement where its interests, reputation, regulatory position or the interests of a Protected Person are affected.

39.4 The Institution must not settle a claim in a way that admits fault by, imposes an obligation on, or restricts GAMSOL or a Protected Person without GAMSOL’s prior written consent.

39.5 This indemnity is separate from and not limited by clause 37 and survives termination.

40. Force majeure

40.1 GAMSOL is not liable for failure or delay caused by an event outside its reasonable control, including network, telecoms, email, SMS, payment or hosting failure; cyber incident; denial-of-service attack; power failure; natural disaster; war; terrorism; civil unrest; strike; pandemic; government action; legal restriction; sanctions; provider withdrawal; carrier blocking; or interruption of essential supplies.

40.2 GAMSOL may suspend the affected obligation for the duration of the event and will take reasonable steps to reduce its effects where practicable.

40.3 If a force-majeure event makes the affected Service commercially or technically impracticable for a prolonged period, GAMSOL may terminate it. A Consumer will receive any refund required by Mandatory Consumer Law; no other compensation is due.

41. Compliance and international use

41.1 Each User must comply with all laws and provider rules applicable to their use of the Service.

41.2 The Service may be accessible outside Switzerland, but GAMSOL does not represent that it is lawful, appropriate or available in every country, sector or context.

41.3 GAMSOL may restrict countries, currencies, payments, SMS, features, integrations or access where it reasonably considers that legal, regulatory, sanctions, tax, provider, security or operational restrictions apply.

41.4 An Institution is responsible for obtaining all approvals, conducting all impact and risk assessments, and putting in place all notices, consents, contracts and governance required for its use.

41.5 Mandatory local rights may apply despite the Agreement, but only to the extent they cannot validly be excluded.

42. Notices, communications and complaints

42.1 GAMSOL may send notices by email, Account message, website notice, SMS where appropriate, or post where legally required and an address is available.

42.2 An email notice is treated as received 24 hours after sending unless GAMSOL receives a delivery failure. An Account notice is treated as received when displayed or when the User is notified that it is available.

42.3 A notice to GAMSOL must be sent through the legal contact route stated in clause 2. A Business User or Institution sending a formal notice of breach or claim must also send a copy by registered post to the postal address in clause 2.

42.4 A complaint should identify the Account, issue, relevant dates, payment or Reminder references and the outcome sought. GAMSOL will handle complaints reasonably but does not promise a particular outcome or response time unless required by law or agreed in writing.

42.5 GAMSOL is not required to participate in mediation, ombudsman or alternative dispute resolution unless mandatory law requires it or GAMSOL expressly agrees in writing.

42.6 The User consents to receive contractual and legal communications electronically, subject to any mandatory form requirement.

43. General legal provisions

43.1 Assignment. A User may not assign, transfer, charge or subcontract an Account, Subscription or right under the Agreement without GAMSOL’s written consent. GAMSOL may assign or transfer the Agreement, in whole or part, to a successor, affiliate, service transferee or acquirer of the relevant activity, provided any mandatory Consumer rights are preserved.

43.2 No partnership or agency. The Agreement creates no partnership, agency, joint venture, employment, fiduciary, trustee, clinical, adviser-client or regulated professional relationship. No Institution may bind GAMSOL without express written authority.

43.3 No waiver. A failure or delay in exercising a right is not a waiver. A waiver must be express and in writing and applies only to the stated circumstances.

43.4 Severability. If a provision is unlawful, invalid or unenforceable, it is severed or modified to the minimum extent necessary, and the remaining provisions continue in effect.

43.5 Entire agreement and reliance. The Agreement is the entire agreement concerning its subject matter and supersedes prior discussions and statements. A Consumer retains any statement or right that mandatory law makes part of the contract. A Business User or Institution confirms that it has not relied on any representation, forecast, model, example or impact claim not expressly set out in a signed Enterprise Agreement.

43.6 No set-off. Except where prohibited by law, a Business User or Institution may not set off a claim against an amount due to GAMSOL unless GAMSOL has admitted the claim in writing or it has been finally determined by a court.

43.7 Electronic records. The Agreement may be accepted electronically. To the fullest extent permitted by law, GAMSOL’s electronic records are admissible evidence of Account activity, acceptance, Orders, notices, delivery status and payments, without preventing a party from proving manifest error.

43.8 Headings. Headings and summaries aid navigation only and do not limit the operative provisions.

43.9 Language. The English version governs. A translation is for convenience only, unless mandatory law requires otherwise or GAMSOL expressly states that another version controls.

43.10 Cumulative rights. Rights and remedies are cumulative unless the Agreement expressly states that a remedy is exclusive.

44. Governing law and exclusive jurisdiction

44.1 For every Business User and Institution, the Agreement and all contractual and non-contractual disputes arising from or connected with it are governed exclusively by the substantive laws of Switzerland, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

44.2 For a Consumer, Swiss law governs to the fullest extent that a choice of law is legally permitted. Nothing in the Agreement deprives a Consumer of Mandatory Consumer Law that applies irrespective of the chosen law.

44.3 Subject only to a mandatory venue that cannot validly be waived, the ordinary courts of the City of Zurich, Canton of Zurich, Switzerland have exclusive jurisdiction over every dispute, claim or proceeding arising from or connected with the Service or Agreement.

44.4 In particular, the parties exclude every other contractually available forum. This does not prevent recognition or enforcement of a Zurich judgment in another jurisdiction or displace a Consumer forum that mandatory law makes non-waivable.

END OF TERMS