An unfair term is not usually a lie. It is a clause written to be enforceable against you and unenforceable by you, and it is the most reliable warning sign in this industry.
The catalogue
| Clause | What it says | What it does |
|---|---|---|
| Irregular play | "We may void winnings from irregular or abusive play" | Undefined. Applied to winners only. See bonus abuse |
| Sole discretion | "We may void any winnings at our sole discretion" | Converts a contract into a permission |
| Retrospective max bet | A $5 stake cap, unenforced by the software | The system permits the bet it will later punish |
| Open-ended verification | "We may request documents at any time" | No deadline on the operator. See KYC |
| Unilateral term change | "We may amend these terms without notice" | Changes the deal after you accepted it |
| Undisclosed cashout cap | Applied after wagering is complete | Removes the win at the moment of withdrawal |
| Dormancy fee without notice | Monthly deduction from an idle balance | Empties an account you forgot about |
Where the law stands
In the UK and much of the EU, consumer law treats a term that creates a significant imbalance in the parties' rights, contrary to good faith, as potentially unenforceable: the Consumer Rights Act 2015 in the UK, and the Unfair Terms Directive across the EU. Competition authorities have used exactly these powers against gambling operators over bonus terms and withdrawal restrictions.
"It was in the terms" is therefore not the end of an argument. It is the start of one.
How we score them
The TrustAudit Index publishes the penalty for every clause we catalogue:
| Severity | Penalty |
|---|---|
| Minor | −0.2 |
| Major | −0.6 |
| Predatory | −1.5 |
Capped at −3.0 in total. A clause on the books but not enforced counts at 30% weight: the threat is worth something even unused.
The field guide is unfair terms to look for.