1. Introduction

1. Thank you for using ClearStake! Our service (‘Service’) is provided by ClearStake Limited, a company registered in England and Wales (company number 12144899) with a registered office at 29 Harbour Exchange Square, London, E14 9GE (‘ClearStake’). Our user (‘User’) terms of use (‘Terms’) govern your use of the Service.  It is important for you the User to read and understand our Terms as they form a legal agreement between you and ClearStake.
   
   Using the Services indicates that you accept these terms of use. If you do not accept these terms of use, please do not use the Services and leave the Platform from which they are provided.
2. We may revise these terms of use at any time by updating them, publishing them on our Website and notifying you by email at the email address you provide upon registration for the Services. You should check the Website from time to time to review the current terms of use, because they will be the ones that are binding on you.

2. Some definitions

The following words and phrases have the following meanings in these terms of use:

1. “Confidential Information” means information disclosed by (or on behalf of) one party to the other party in connection with these terms of use that is marked as confidential or, from its nature, content or the circumstances in which it is disclosed, might reasonably be supposed to be confidential. It does not include information that the recipient already knew, that becomes public through no fault of the recipient, that was independently developed by the recipient or that was lawfully given to the recipient by a third party;
2. “Banks” means banks, payment institutions or any other financial institutions you may hold an account with;
3. “Platform” means the online platform accessed by you after registration for the Services, as updated by ClearStake from time to time;
4. “Services” means the transaction processing services provided by us to you via the Platform.

3.   The ClearStake Service

ClearStake is a financial assessment tool that uses Account Information Services (AIS) and Optical Character Recognition (OCR) to help gambling operators (‘Operators’) assess and verify the affordability, source of funds and income of their players to protect customers and comply with new regulations. This is how we do it:

1. We will request basic information about you and your financial situation from you and the Operator who has referred you to our Service. This information may include your name, email address, occupation, salary and the banks where you hold a bank account.
2. To use our Service, you will need to give ClearStake explicit consent to access, process and analyse your financial information and data and share it with the Operator who has referred you to us.
3. We will then securely direct you to the Bbanks which hold the account(s) which you have told us you own, either via web browser or your mobile banking app, who will then verify your credentials and, with your explicit consent, provide ClearStake with your financial information and data held at the bank. Neither ClearStake nor the Operator will be able to see or access your credentials at any time.
4. We will then analyse the financial information and data provided by each bank you have consented us to access and then share the overview of the analysis to the Operator who has referred you to our Service.
5. We will also offer you the User an overview of our analysis of your financial information and data so you are able to understand your financial situation.
6. We do not offer you or the Operator an opinion or a decision on your financial situation or your suitability to be able to gamble.

4. Fees & Payment

ClearStake receives fees for its Service from the Operator who has referred you to us, and we will never ask you for payment.

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5. ClearStake Platform

We also offer you, the User, the ability to open a ClearStake account via the  Platform to view and manage your financial information and data. To maintain an overview of your financial situation, you will need to renew ClearStake's access to your Bank Account(s) by authenticating with the relevant Bank at least every 90 days.  By agreeing to our Terms:

1. We provide you access to your ClearStake account via our Platform whose use is governed by these Terms and our Privacy Policy and Cookie Policy.
2. You consent to allow ClearStake to access, process and analyse your financial information and data subject to these Terms and our Privacy Policy and Cookie Policy.

6. Intellectual Property

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ClearStake owns all rights, title and interest (including intellectual property rights) in and to the Services, the Platform, our website and our technology.

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7. Licence Grant and Use of Content

1. In return for you agreeing to comply with these terms of use, ClearStake grants you a non-exclusive licence to use the Platform on each device (e.g. computer, phone, tablet) you use to access the Services. We only grant this licence to you.  You cannot transfer it or sell it to anyone else. We grant identical licences to all users of our Platform. The licence we grant is subject to these terms of use and the ClearStake Services Privacy & Cookie Policy (“ClearStake Privacy & Cookie Policy”).
2. You allow ClearStake to access your bank, credit card, and financial accounts, and process the data contained within those accounts, subject to these terms of use and the ClearStake Privacy & Cookie Policy.
3. All images, text, and other content on the Platform (“Content”) is protected by copyright and other intellectual property rights.  Unless detailed in these terms of use, or otherwise in writing by ClearStake, you are not granted any licence to use the Content. Nothing in these terms grants you a licence to use any ClearStake trademarks or the trademarks of any third parties on the Platform.
4. You must not copy, republish, frame, download, transmit, modify, adapt, rent, lease, loan, sell, assign, distribute, license or sublicense the Platform or any of the Content. No copyright and/or other intellectual property notices on any Content shall be deleted or modified.
5. You must not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform except to the extent allowed by law.
6. If you breach any of these terms, your permission to use the Platform and Services automatically terminates. In addition, ClearStake shall have the right to block, restrict, disable, suspend or terminate your access to all or any part of the Platform, Services or Content at any time in its discretion without liability to you.

8. Your Access to Our Services

1. We do our best to make sure that the Platform and the Services are normally available 24 hours a day. However, ClearStake shall not be liable if they are unavailable at any time or for any period.
2. Access to the Platform and the Services may be suspended temporarily and without notice in the case of system failure, maintenance or for reasons beyond ClearStake’ control.
3. You are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your account, you must notify us immediately, and you should change your password immediately. You are responsible for all activities that occur within your account. Never permit anyone else to use your account.
4. You shall not use the Platform or the Services if you are under the age of 18.

9. Your Privacy

ClearStake understands the importance of your privacy, and is committed to respecting your privacy. More information regarding how ClearStake may use your personal data can be found in the ClearStake Privacy & Cookie Policy which is incorporated into these terms of use by reference.

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10. Confidentiality

We will always endeavour to protect your data and respect confidentiality.

No recipient of Confidential Information will disclose that Confidential Information, except to Operators as agreed by you the client. The recipient will: (a) use such Confidential Information only to exercise rights and fulfil obligations under this Agreement, and (b) keep such Confidential Information confidential. The recipient may also disclose Confidential Information when required by law after giving reasonable notice to the discloser, such notice to be sufficient to give the discloser the opportunity to seek confidential treatment, a protective order or similar remedies or relief prior to disclosure.

11. Restrictions

You shall not:

1. use the Platform and/or Services in any unlawful or harmful manner;
2. use the Platform and/or Services for any commercial purposes;
3. misuse the Platform and/or Services;
4. resell the Platform and/or Services; 
5. infringe our or any third party’s intellectual property rights in your use of the Platform, Services and/or its Content;
6. take any action that an unreasonable or disproportionately large load on servers or other infrastructure used by us; or
7. use the Platform and/or Services in any way which may cause; access to or use of the Platform and/or Services to be interrupted or impaired in any way.

12. Indemnity

You shall indemnify ClearStake against any loss, damages, costs or expenses which are awarded against or incurred by ClearStake as a result of any claim or threatened claim (including any claim or threatened claim by a third party) arising out of or related to:

1. any breach by you of any of these terms of use or applicable law;
2. your misuse of the Platform and/or the Services;
3. your infringement of intellectual property rights; and/or
4. your failure to provide accurate, up to date information.

13. Disclaimers

1. While ClearStake tries to ensure that all content on the Platform is correct, ClearStake does not guarantee the accuracy and completeness of content. The content may be out of date and ClearStake makes no commitment to update such material.
2. The material on the Platform is provided “as is”, without any conditions, warranties or other terms of any kind. To the maximum extent permitted by law, ClearStake provides you with the Platform and the Services on the basis that ClearStake excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms of use, might have effect in relation to the Platform and Services.

14. Liability

1. Nothing in these terms of use shall exclude or limit either your or ClearStake’s liability for:

• (i) death or personal injury resulting from the negligence of the other or their servants, agents or employees; or  
• (ii) Fraud or fraudulent misrepresentation.

2. Save to the extent that these terms of use state otherwise, nothing in these terms of use shall exclude or limit your liability under clause 12 (Indemnity).
3. Subject to clause 14.1, neither you nor ClearStake shall be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentation) or otherwise arising out of or in connection with these terms of use for any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services); any loss of goodwill or reputation; or any special, indirect or consequential losses;
4. Nothing in these terms of use excludes any statutory rights which may apply to your use of the Platform and/or the Services which cannot be excluded, restricted or modified by contract.

15. Termination

1. We may terminate these terms of use immediately by written notice to you:
   

• (i) if you commit a material or persistent breach of these terms of use which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and/or
• (ii) if you breach clause 11.1.

2. You may terminate your use of the Platform and the Services at any time. These terms of use will continue to apply to past use of the Platform and the Services by you.
3. On termination for any reason:

• (i) all rights granted to you under these terms of use shall cease; and
• (ii) you must immediately cease all activities authorised by these terms of use.
  

16.Miscellaneous

1. To contact us in writing send your communication to us by e-mail to ClearStake.
2. We may transfer our rights and obligations under these terms of use to another organisation., This will not affect your rights or our obligations under these terms of use.
3. You may only transfer your rights or obligations under these terms of use to another person if we agree in writing.
4. A person who is not a party to these terms of use has no right to enforce any term of these terms of use.
5. If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and or that you do not have to comply with your obligations. 
6. Each of the conditions of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
7. These terms of use shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the English courts. In addition, you have the option to use the Online Dispute Resolution (ODR) Platform which is accessible here.

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