Terms & Conditions

1 Introduction and Definitions

1.1 About this Agreement

• 1.1.1 Gambit offers Users the ability to place a bet on the outcome of their own online chess game. The Game is provided through the App to registered Users.
• 1.1.2 This Agreement is a binding agreement between the User and Gambit and governs the contractual relationship between the parties. By accepting this Agreement when applying to open his or her Account, the User agrees that he or she has read and accepted this Agreement and will adhere to its terms. This Agreement remains in force until the customer relationship between Gambit and the User ends by the closure of the User’s Account.
• 1.1.3 Gambit may amend this Agreement at its discretion and at any time. This may be done for any reason, including, but not limited to, legal, technical or commercial reasons, reasons of security, anti-money laundering or countering terrorist financing, or to reflect changes to Gambit’s internal policies or guidelines. In case of a material change to the Agreement, Gambit will inform the User in advance of the change. Changes to this Agreement come into force on the date specified by Gambit.
• 1.1.4 The current version of this Agreement, as well as any other applicable terms and conditions, are made available on https://gambit.ai/#/terms or via Gambit’s customer support.

• 1.2 Definitions

• In this Agreement, the following capitalized terms shall have the meanings ascribed to them below. References to the singular shall include the plural and vice versa.
• “Account” shall mean an account held by a User on the App.
• “Agreement” shall mean these terms and conditions.
• “App” shall mean the mobile or web browser application through which the User uses the Game.
• “Card” shall mean any type of debit card, credit card, payment card or similar card.
• “Force Majeure” shall mean any causes or circumstances beyond Gambit’s reasonable control which Gambit has been unable to prevent or overcome, such as epidemics, pandemics, lightning, fire, government regulation, government order or other public regulation, strike or other labor dispute, communications disturbances, material or transportation shortages, power outages, sabotage, etc.
• “Gambit” shall mean Gambit Technologies AB, reg. no 559334-6439, a Swedish limited liability company with registered office at Drottningholmsvägen 5, 112 42 Stockholm.
• “Game” shall mean the “Play” and “Puzzle” game modes and the connected betting service, as well as any other games, provided by Gambit on the App.
• “Prohibited State(s)” shall mean Arizona, Arkansas, Connecticut, Delaware, Florida, Louisiana, Maryland, Montana, South Carolina, South Dakota, and Tennessee.
• “User” shall mean a person holding an Account.

2 Account

• 2.1 Opening an Account
• 2.1.1 A person can apply to open an Account by submitting an application in the App and providing the required customer information through the customer registration form. In connection with the application, Gambit will determine whether the applicant meets the requirements for registration. Gambit reserves the right to request additional documentation from the applicant and perform checks with third parties in order to verify the information provided by the applicant and to determine whether the applicant meets the requirements for registration.
• 2.1.2 Gambit reserves the right, at its own discretion and at any time, to refuse to open an Account for certain individuals or categories of individuals.
• 2.1.3 A User may only have one Account. If a User has multiple accounts, Gambit reserves the right to close the additional accounts and reallocate all funds to the remaining Account.

2.2 Eligibility

• 2.2.1 An Account can only be opened by a person who fulfils all of the following requirements:
• (a) is a natural person;
• (b) is at least 18 years of age;
• (c) is not a resident of a high-risk third country, as identified by the European Commission (Afghanistan, Barbados, Burkina Faso, Cambodia, Cayman Islands, Haiti, Jamaica, Jordan, Mali, Morocco, Myanmar, Nicaragua, Pakistan, Panama, the Philippines, Senegal, South Sudan, Syria, Trinidad and Tobago, Uganda, Vanuatu, Yemen, Zimbabwe, Iran and Democratic People’s Republic of Korea (DPRK));
• (d) is not on OFAC’s list of Specially Designated Nationals and Blocked Persons nor any similar sanctions or terrorism watch list;
• (e) is not a resident of a Prohibited State;
• (f) seeks a customer relationship with Gambit solely for purposes of entertainment; and
• (g) does not act on behalf of another party.
• 2.2.2 It may be illegal for persons located or domiciled in certain jurisdictions to access and use the App or the Game. The App and the Game are therefore not offered to, and not intended to be accessed or used by, persons located or domiciled in jurisdictions where such activities are illegal or prohibited.
• 2.2.3 The User must not access or use the App or the Game from a jurisdiction where such activities are illegal or prohibited, including, but not limited to, the Prohibited States. It is the User’s own responsibility to know whether his or her usage of the App and the Game is legal in the jurisdiction where he or she is located or domiciled. Gambit accepts no liability for any use of the App or the Game in violation of the laws in the jurisdiction where the User is located or domiciled.
• 2.2.4 Gambit makes no representation that its services will be available in all jurisdictions. The services offered by Gambit are void where prohibited.
• 2.3 Account management and security
• 2.3.1 The User must keep his or her account information correct, complete, and up to date at all times. If any information provided by the User in his or her application to open an Account is incorrect, incomplete, or changes, the User must immediately correct the information.
• 2.3.2 Upon Gambit’s request, the User must provide Gambit with any documentation or information that Gambit deems necessary to verify the User’s identity, user information, financial information, source of funds, payment details or authorisation to use a specific Card or method of deposit or withdrawal, or that may be necessary to fulfil Gambit’s AML/CFT obligations. Examples of such documentation includes, but is not limited to, copies of government ID documents, bank statements and utility bills.
• 2.3.3 Gambit may require any User that resides in the United States to provide his or her Social Security Number or Taxpayer Identification Number, so that an IRS form 1099 may be issued where required by law.
• 2.3.4 The User must keep his or her login details secure and confidential. A User that shares his or her login details or fails to keep them secure is responsible for any abuse or misuse of his or her Account. If a User is concerned that his or her login details may be compromised, he or she must notify Gambit immediately in order to be provided with a new password.
• 2.3.5 If the User violates this Agreement or abuses or misuses the Game or the App, any right to winnings or recovery of amounts paid is forfeited and the funds will be credited to Gambit. The User is also liable to repay to Gambit all winnings that have arisen from a game where such violation, abuse or misuse has taken place, regardless of whether the User has already withdrawn the winnings from the Account.
• 2.3.6 The User must not transfer, sell or acquire Accounts to or from other Users, or transfer or receive funds from one Account to another.
• 2.3.7 The User must not allow third parties to make deposits or withdrawals from his or her Account.
• 2.3.8 The User must not share his or her Account with any other person or allow other persons to use his or her Account or to use the App or Game on their behalf.
• 2.3.9 The User must not use any Account other than his or her own or play the Game or use the App on the behalf, or for the benefit, of someone else than himself or herself.
• 2.4 Closing or suspending the Account
• 2.4.1 The User may close his or her Account and end his or her customer relationship with Gambit at any time by contacting customer service via support@gambit.ai.
• 2.4.2 Gambit may suspend or close an Account and end its customer relationship with the User with immediate effect for any breach or suspected breach of this Agreement or for any other reason, including, but not limited to:
• (a) technical or security reasons;
• (b) suspected or attempted abuse or misuse of the Game, the App or the Account, including using prohibited software, cheating or using the Game, App or Account to transfer money between Cards, or engaging in other forms of platform manipulation;
• (c) use of the Game, the App or the Account for other purposes than entertainment purposes;
• (d) involvement or use of the Game or the App in illegal or fraudulent activities or for such purposes;
• (e) criminal, offensive or inappropriate behaviour towards Gambit’s representatives or that is detrimental to Gambit, the Game or the App;
• (f) failure to comply with orders, judgments, or mandates from courts of competent jurisdiction;
• (g) use of Gambit’s trademarks or links to the App on any third-party website in anyway that is illegal, unfair or damages or takes advantage of Gambit’s reputation, including any use of Gambit’s trademarks or any link which establishes or suggests a form of association, approval or endorsement where none exists;
• (h) suspected or attempted use of multiple Accounts or suspected or attempted use of a User’s Account by someone else than the User;
• (i) in the event of a chargeback being requested on a Card related to the User’s Account;
• (j) use of a stolen or fraudulent Card;
• (k) if the information provided by the User during the registration process is found to be incorrect;
• (l) pending verification of User information or of information and documentation provided by the User;
• (m) if it is found that a User does not meet the registration requirements as set out in section 2.2.1 or if a User’s identity cannot be verified;
• (n) if it is found or suspected that a User is accessing or using, or has accessed or used, the App or the Game in a jurisdiction where such activities are illegal or prohibited; or
• (o) if an Account has not been accessed or logged into for a period of 24 months or, if the Account has a zero balance, for a period of 12 months.
• 2.4.3 Upon closing of an Account, Gambit will transfer all funds from the User’s Account to the User using such methods of transfer that are approved by Gambit for making regular withdrawals from the Account. Such transfer will be executed in a timely manner and in accordance with applicable laws and regulations. If (i) the User has not specified a valid Card or bank account, (ii) no Card or bank account is available that was used by the User to make deposits to the Account and (iii) the User has not otherwise claimed the funds, such funds are credited to Gambit after a period of 12 months from the closure of the Account.
• 2.4.4 Gambit will inform the User about the reason for the suspension or closure of the Account to the extent possible under applicable law and Gambit’s internal procedures and guidelines.
• 3 Deposits, withdrawals and funds on the Account

3.1 Deposits to the Account

• 3.1.1 A User may deposit money to the Account to be used for placing bets within the framework of the Game. Deposits may be made using such methods of transfer that are approved by Gambit. Approved methods may vary from time to time and between different jurisdictions.
• 3.1.2 Deposits may only be made using Cards, bank accounts or other non-cash payment options that solely belong to the User and that are registered in the User’s name. In order to verify that the Card, bank account or payment option meets such requirements, Gambit may request additional information or documentation from the User and make inquiries with authorities or authorized third parties before expediting the deposit. Gambit reserves the right to limit or deny deposits from sources that cannot be verified.
• 3.1.3 The User may choose to impose limits on his or her maximum deposits by stating a deposit limit per day, month or year. If a deposit limit has been chosen by the User, any deposits exceeding the determined amount during the selected time frame are blocked. Removing or increasing a deposit limit has effect after 72 hours. Imposing or decreasing a deposit limit has effect immediately.

3.2 Withdrawals

• 3.2.1 A User may withdraw funds from his or her Account using such methods of transfer that are approved by Gambit. Approved methods may vary from time to time and between different jurisdictions.
• 3.2.2 Withdrawals may only be made to a Card or bank account that solely belongs to the User and is registered in the User’s name. In order to verify that the Card or bank account meets such requirements, Gambit may request additional information or documentation from the User and make inquiries with authorities or authorized third parties before expediting the withdrawal. Gambit will deny withdrawals to Cards or bank accounts that cannot be verified.
• 3.2.3 Gambit reserves the right to restrict withdrawals to be made only to the Card or bank account that was used by the User to make deposits to the Account (closed-loop transactions). For certain categories of withdrawals, Gambit may apply enhanced security measures. Gambit may also apply upper limits for withdrawals.
• 3.3 General provisions relating to funds on the Account
• 3.3.1 Gambit reserves the right to recover or confiscate any funds available on the Account, including funds incorrectly credited to the Account, where a violation, abuse or misuse has occurred or where a chargeback has been requested. Should such recovery result in a negative Account balance, the User must settle the incurred debt. Gambit may suspend the Account until the incurred debt has been settled.
• 3.3.2 Gambit will hold the funds on the User’s Account in a separate account with its payment service provider or bank. Gambit will endeavour to manage the funds in a secure and appropriate manner.
• 3.3.3 Funds on the User’s Account might not be protected in the case of insolvency, meaning there is a risk that the User’s funds may not be returned to the User in case of insolvency on the part of Gambit.
• 3.3.4 Gambit does not pay interest on amounts held on the Account.
• 3.3.5 Account balances and transactions are only reported to the User via the App interface. Gambit does not issue any other reports or certificates regarding Account balances or transactions.
• 3.3.6 The User is solely responsible for all transactions made on the Account or in the Game or the App and for his or her own adherence to applicable legislation. Bets or payments made to or for the benefit of Gambit shall not be affected in the event that the User participates in the Game in a jurisdiction where such participation is prohibited.

3.3.7 The User is solely responsible for the reporting and payment of any taxes on winnings, where applicable. Gambit does not provide advice to the User regarding tax matters.

4 Betting

• 4.1 Placing a bet

• 4.1.1 The User can place bets within the framework of the Game on the terms presented by the Game. Bets are placed using the funds available on the User’s Account. When the User submits a bet, the corresponding amount is deducted from the Account.
• 4.1.2 A bet is valid as soon as it has been registered by the Game, provided that it is not later cancelled or declared invalid.
• 4.1.3 If a bet is cancelled or declared invalid, the corresponding amount will be returned to the Account.
• 4.1.4 In case of any discrepancy between the information registered by the Game and the information displayed to the User via the App interface, the information registered by the Game shall have precedence when determining the terms of the placed bet.

• 4.2 Cancellation of bets

• 4.2.1 Placed bets cannot be cancelled by the User.
• 4.2.2 Gambit may cancel placed bets under any of the following circumstances:
• (a) in case of a technical error or other circumstance that affects the ability to complete a session correctly or that affects the ability of one or both participants in a session to fulfil the session on the same terms as the other participant;
• (b) in case of a technical error or other circumstance that interrupts gameplay during a session or causes the gameplay of the Game or the result of the session to be clearly incorrect;
• (c) if required by Gambit’s internal procedures and guidelines, by applicable law or in the event of Force Majeure; or
• (d) for any other reason set out in the Game rules.
• 4.2.3 If a bet is cancelled, Gambit will refund the amount wagered to the participating Users by crediting their respective Accounts.
• 4.2.4 All other bets are final and non-refundable.
• 4.3 Winnings
• 4.3.1 Winnings are credited to the User’s Account after the outcome of a session where the User has participated has been determined by Gambit.
• 4.3.2 If a User’s Account is erroneously credited with winnings, such winnings will be withdrawn from the User’s Account. If the User has already withdrawn these winnings, he or she is required to immediately repay the amount.
• 4.3.3 For technical reasons, winnings may be rounded down to the nearest 0.01 USD.

5 Game Rules

• 5.1 General rules of the “Play” game mode
• “Play” is an online chess game where the User can play against other Users. The gameplay and general rules of “Play” are regulated by articles 1 – 5 of the FIDE Online Chess Regulations, which in turn make reference to the FIDE Laws of Chess.
• 5.2 General rules of the “Puzzle” game mode
• “Puzzle” is an online chess-based game where the User is presented with a chess position, with the objective of finding the single best move, or the single best sequence of moves, in the position. Subject to any amendments necessary for the proper functioning of the “Puzzle” game mode, the underlying gameplay is regulated by articles 1 – 3 of the FIDE Online Chess Regulations, which in turn make reference to the FIDE Laws of Chess.
• 5.3 Disconnections and malfunctions
• 5.3.1 Should the User’s participation in the Game be interrupted by a failure of the User’s computer system or internet connection causing the User to disconnect from the Game during a session, the game clock shall continue to run. If the disconnected User reconnects before his or her thinking time has elapsed, he or she may continue playing the session with the thinking time remaining on the clock. If the User cannot reconnect before his or her thinking time has elapsed, the User loses the session.
• 5.3.2 Should the Game system malfunction or fail causing a session to miscarry, Gambit will cancel all wagers placed by affected Users. Amounts wagered will be refunded by crediting the respective Account(s).
• 5.4 Prohibited uses
• 5.4.1 When playing the Game or using the App, a User must not use any means of external assistance, software or other devices, whether commercially obtained or privately developed, and whether such assistance, software or device is actively used in gameplay or not, which
• (a) makes or suggests moves or other playing decisions, or provides advice on which actions a player should take during play;
• (b) reduces or eliminates the need for human action or decision making, such as automatic execution of moves;
• (c) assists collusion or cheating in any way;
• (d) is designed to mine data, i.e. gather data on moves, player profiles or other Game-related data, for any purpose;
• (e) presents or utilises previously gathered data on moves, player profiles etc, such as databases of player profiles or moves and openings;
• (f) interferes with, or attempts to block, any part of the Game software or the Game’s mechanisms for detecting cheating, fraud, money laundering or terrorist financing; or
• (g) gives the User any kind of unfair advantage in any other way.

Subject to User consent, Gambit will actively monitor the User’s device for such software mentioned in this paragraph.

• 5.4.2 The User must not attempt to gain an unfair advantage in the Game, whether the method used is specifically prohibited by the rules or not, for example by using unintended Game mechanics or bugs or loopholes present in the Game software or by artificially increasing or decreasing the User’s rating. Furthermore, the User must not abuse any technical error or vulnerability.
• 5.4.3 The User must always play in his or her own best interest and must not act in collusion with or as a team together with one or more other players or encourage any other player to collude. Furthermore, the User must not intentionally lose sessions or manipulate gameplay in order to transfer funds to another player.

6 Claims, complaints and disputes

• 6.1 In case of any complaints regarding the Game or the App, the User can contact Gambit’s customer service via e-mail to support@gambit.ai or using the online form at https://company.gambit.ai/contact, who will try to resolve the complaint. Gambit will use reasonable endeavours to resolve all complaints within 10 days. If the nature of the complaint is such that more time is required, Gambit may extend this time.
• 6.2 Any claim relating to the Game, App or a transaction must be made as soon as possible, but no later than three months after the alleged error was discovered, or should reasonably have been discovered, by the User. Claims made after such period may be rejected by Gambit.
• 6.3 Claims will be reviewed by Gambit and the User will be notified of the outcome as soon as possible. Gambit’s decisions are final.

7 Privacy policy

Information about how Gambit collects and uses your personal data is described in our privacy notice, which can be found.

8 Liability

• 8.1 The User is responsible for their own use of the Game and the App and does so at his or her own risk. The Game and the App are provided “as is” and “with all faults.”
• 8.2 Gambit makes no warranty that the App will meet the User’s needs or requirements. Gambit disclaims all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that the User’s access to or use of the App will be uninterrupted, timely, secure, error-free, or that loss of materials will not occur, to the greatest extent provided by applicable law. Gambit may change any of the information found on the App at any time or remove any or all materials. Gambit makes no commitment to update the App. Gambit makes no warranty regarding any goods or services purchased or obtained through the App. There are no warranties of any kind that extend beyond the face of this Agreement or that arise because of course of performance, course of dealing, or usage of trade.
• 8.3 Gambit is not liable for any damages or losses arising from, or in relation to, the Users use of the Game or the App unless such damage or loss is a direct result of wrongful or negligent acts by Gambit.
• 8.4 Gambit is never responsible for
• (a) damages or losses arising from technical faults, delays or problems related to the User’s equipment, internet connection or communication service provider;
• (b) damages or losses arising from delays or interruptions in operation or transmission, server downtime, lag or any other network dysfunction, loss or corruption of data, damage caused by computer viruses, bugs or technical failures, damage caused to the User’s software or hardware, or any other technical or other disturbance to gameplay or the functioning of the Game or App;
• (c) damages or losses due to abuse or misuse of the Game, App or related content, violation of this Agreement or criminal actions;
• (d) damages or losses due to unauthorised use of an Account or by the User allowing third parties to use the Account or make deposits or withdrawals from the Account;
• (e) damages or losses due to the User making deposits or withdrawals to or from a Card belonging to a third party;
• (f) damages or losses arising from the closure of an Account pursuant to this Agreement.
• (g) non-fulfilment of its obligations or for damages or losses due to Force Majeure.
• 8.5 Gambit’s liability for any error or malfunction related to the Game is limited to replacement.
• 8.6 The User shall indemnify and hold harmless Gambit and its officers, directors, and employees from any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by, or arising out of, the User’s use of the App or the Account, use of or participation in the Game, acceptance of winnings or other acts by the User, or any person under the User’s authority. Gambit reserves the right to participate in the defence of such a claim or suit at Gambit’s own expense, and to choose its own legal counsel; however, Gambit is not obligated to do so.
• 8.7 Upon request, Users will reimburse Gambit for any legal expenses, costs, and fees associated with any subpoena, discovery request, production order, search warrant, or court order in response to the User’s activities, even if such request occurs after the User’s Account has been closed.
• 8.8 If Gambit is required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from any User, or if Gambit is required to seek the assistance of an attorney to pursue injunctive relief against any User, then that User must reimburse Gambit for all fees incurred in order to collect such damages or in order to seek such relief. Users understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. Users agree that they will pay these fees and costs.
• 9 Anti-money laundering and countering the financing of terrorism
• 9.1 In order to comply with the Swedish Act (2017:630) on Measures against Money Laundering and Terrorist Financing, Gambit will monitor transactions and report any suspicious transactions and behaviours to the relevant authorities. Gambit is also required to provide certain necessary information, including information regarding the User, in connection with investigations into money laundering or terrorist financing at the request of the relevant authorities.
• 9.2 In case of any suspicion of money laundering or terrorist financing in relation to a User or an Account, Gambit may suspend or close the Account.
• 9.3 Gambit has the right to request that the User provides such information or documentation Gambit deems necessary for it to be able to fulfil its legal obligations relating to customer knowledge, risk management and AML/CFT. This includes, but is not limited to, information or documentation regarding the User’s identity, income, financial resources, occupation etc. The User must provide the requested information within the time limit specified by Gambit.
• 9.4 If the User becomes aware of any suspicious activity, money laundering or terrorist financing, he or she must immediately report such suspicions to Gambit.
• 9.5 Gambit fully cooperates with law enforcement authorities, financial regulators, and orders from courts of competent jurisdiction requiring disclosure of the identity, location, or other information of any User in breach of this Agreement or any applicable law, in accordance with Gambit’s policies and procedures. Gambit prohibits and seeks to prevent money laundering and the funding of criminal activities. Gambit trains its employees to monitor for suspicious transactions that meet certain thresholds.

10 Intellectual property rights

• Any intellectual property rights, such as copyright, trademarks etc, related to the Game, App, Account or related services, belong to Gambit or its partners, as the case may be. The User has no permission to modify, copy, distribute, transmit, display, reproduce, publish, license, create works derived from, or transmit and sell information, software, products or services belonging to Gambit. Registration of an Account or use of the Game or App does not confer any rights to such intellectual property.

11 Severability

• If any part of this Agreement is held to be invalid, illegal or unenforceable, the other provisions of the Agreement shall remain in force.

12 Assignment

• Gambit may freely assign or transfer this Agreement. The User cannot assign or transfer this Agreement.

13 Applicable law, jurisdiction and language

• 13.1 For Users who reside outside the United States, the following provisions apply: This Agreement is governed by Swedish law, without regard to its conflict of law provisions. The courts of Sweden shall have exclusive jurisdiction over matters arising out of, or in connection with, this Agreement. The Stockholm District Court (Swe. Stockholms tingsrätt ) shall be court of first instance.
• 13.2 For Users who reside in the United States, the following provisions apply:
• (a) This Agreement is governed by Florida law, without regard to its conflict of law provisions. The courts of Orange County, Florida shall have exclusive jurisdiction over matters arising out of, or in connection with, this Agreement.
• (b) To the extent permissible by law, Users waiver any right or ability to initiate class actions, collective proceedings, and any right to a trial by jury.
• (c) Users acknowledge that remedies at law may be inadequate to provide Gambit with full compensation in the event the User breaches this Agreement, and that Gambit shall therefore be entitled to seek injunctive relief in the event of such breach in addition to seeking all other remedies available at law or in equity.
• (d) If a User resides in the United States and has a dispute with Gambit about any bet, winnings, or withdrawals, the User must confer with Gambit and negotiate in good faith to attempt to resolve the dispute. If the User is unable to resolve the dispute with Gambit through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by us for intellectual property infringement, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be confidential. The arbitration shall be conducted in Orange County, Florida and conducted by a single arbitrator, knowledgeable in online gaming disputes. The arbitrator shall be willing to execute an oath of neutrality. The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. The arbitration award may be enforced in any jurisdiction, under applicable law. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
• 13.3 In the event that this Agreement deviates from any mandatory provision that may be applicable in certain jurisdictions or for certain Users, such mandatory provisions take precedence.
• 13.4 This Agreement may be published in several different languages. In the event of any discrepancy between the English version and a translation, the English version shall prevail.

14 Additional terms for Apple users

• 14.1 This section of the Agreement applies to Users who access the App through Apple (“Apple App”).
• 14.2 Both parties acknowledge that this Agreement is between Gambit and the User only, and not with Apple, and Gambit, not Apple, is solely responsible for the App and the materials thereon.
• 14.3 Gambit grants Users of the Apple App only a limited, non-transferable license to use the Apple App on any Apple products that the User owns or controls, as permitted by Apple’s Terms of Use, except that the Apple App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
• 14.4 Gambit is solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in this Agreement or as required under applicable law. Both parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
• 14.5 Gambit is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Apple App to the User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Gambit’s sole responsibility.
• 14.6 Both parties acknowledge that Gambit, not Apple, is responsible for addressing any claims the User or any third party bring relating to the Apple App or the User’s possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Apple App’s use of the HealthKit and HomeKit frameworks. This Agreement does not limit Gambit’s liability to the User beyond what is permitted by applicable law.
• 14.7 Both parties acknowledge that, in the event of any third-party claim that the Apple App or the User’s possession and/or use thereof infringes that third party’s intellectual property rights, Gambit, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
• 14.8 The User represents and warrants that (i) the User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) the User is not listed on any U.S. Government list of prohibited or restricted parties.
• 14.9 You may send questions, complaints, and claims related to the App to Gambit Technologies AB, reg. no 559334-6439, a Swedish limited liability company with registered office at Drottningholmsvägen 5, 112 42 Stockholm or to support@gambit.ai.
• 14.10 The User must comply with applicable third-party terms of agreement when using the Apple App.
• 14.11 Both parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon the User’s acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the User as a third-party beneficiary thereof.
• 15 Additional terms for Google Play Users

Users who access the App through the Google Play Store agree to the following additional terms of use required by Google: https://play.google.com/intl/en_us/about/play-terms.html