Terms & Conditions
Please read these Terms carefully. They contain a binding arbitration agreement and a class action waiver (Section 20) that affect how disputes are resolved, a disclaimer of warranties (Section 16), and a limitation of our liability (Section 17).
Comeback Club is not medical care, therapy, counseling or treatment, and it is not an emergency service. If you are in crisis or thinking about harming yourself, call or text 988 or call 911. For confidential gambling help, call the National Problem Gambling Helpline at 1-800-522-4700.
1. Agreement to these Terms
These Terms & Conditions ("Terms") are a binding agreement between you and Comeback Club, a business organized in the State of Wyoming, USA ("Comeback Club," "we," "us" or "our"). They govern your use of the website at comebackclub.app, our mobile and web applications, our waitlist, our emails and text messages, and every related feature, community space and service we offer (together, the "Service").
By visiting the website, joining the waitlist, checking a box that refers to these Terms, creating an account, or otherwise using the Service, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Who we are
Comeback Club is a peer support community and self-help tool for adults who want to step away from gambling of any kind. The Service was built by people with lived experience. We are a technology platform. We are not a healthcare provider, a counseling practice, a treatment program, a financial institution or a law firm.
3. Not medical care, not an emergency service
- No medical or professional advice. Nothing provided through the Service, including content written by us, by other members, by moderators, by "coaches," or generated by software, is medical, psychological, psychiatric, legal, financial or tax advice. No content is a substitute for care from a licensed professional. Members, moderators and volunteers are not licensed professionals acting in a professional capacity.
- No treatment relationship. Using the Service does not create a doctor-patient, therapist-client, counselor-client, fiduciary or any other professional relationship between you and Comeback Club or anyone else.
- Not an emergency service. The Service is not monitored around the clock and is not designed for emergencies. We do not dispatch help, and we cannot guarantee that anyone will see or respond to a message, post, call request or alert. If you or anyone else is in danger, call 911 or call or text 988 immediately.
- No promised results. Recovery is personal and results vary. We make no promise or guarantee that using the Service will help you stop, reduce or control gambling, recover losses, repair relationships or improve your health, finances or life.
- Talk to a professional. You should consult a qualified healthcare professional before relying on the Service, and especially if you have thoughts of self-harm, a mental health condition, a substance use problem or serious financial distress.
4. Eligibility
You must be at least 18 years old (or the age of majority where you live, if higher) and able to form a binding contract to use the Service. You may not use the Service if we have previously suspended or removed you, or if using it would violate any law that applies to you. By using the Service you represent and warrant that you meet these requirements. We may ask for information to confirm eligibility and may refuse, suspend or end access at our discretion.
5. Your account and anonymity
- You may use a display name ("handle") instead of your real name. You may not use a handle that impersonates another person, is misleading, is offensive, or promotes any gambling operator or product.
- You must give us accurate information when we ask for it (for example, your email address or mobile number) and keep it up to date.
- You are solely responsible for keeping your login details, devices and accounts secure, and for all activity under your account, whether or not you authorized it. Tell us immediately at hq@comebackclub.app if you suspect unauthorized use.
- Anonymity features reduce, but cannot eliminate, the chance that you are identified. Other members may recognize you from what you share, and information you post may be copied or captured by others. You share at your own risk.
- Accounts are personal. You may not sell, transfer, share or let anyone else use your account.
6. Waitlist and early access
Joining the waitlist does not guarantee access to the Service, a place in any group or "crew," any feature, any price, or any launch date. We decide who receives access, when, and on what terms, at our sole discretion. Early-access, beta and preview features are provided "as is," may contain errors, may change or be withdrawn at any time, and may lose data.
7. Emails and text messages
- Consent. By providing your email address and/or mobile number and checking the consent box, you agree that Comeback Club may send you emails and recurring text messages (SMS/MMS), including messages sent with automated technology, about the Service, the waitlist, early access, product updates, community news and offers. Consent is not a condition of any purchase.
- Frequency and cost. Message frequency varies. Message and data rates may apply according to your mobile plan. Carriers are not liable for delayed or undelivered messages.
- Opting out. Reply STOP to any text to stop receiving texts, or HELP for help. Use the unsubscribe link in any marketing email to stop marketing emails. You may also email hq@comebackclub.app. We may still send you transactional or account messages (for example, security or billing notices) while you have an account.
- Your number. You represent that you are the owner or authorized user of any mobile number you provide. If you change or give up that number, you agree to notify us promptly. You agree to indemnify us for claims arising from messages sent to a number you provided that you were not authorized to provide.
- Privacy of messages. Our messages are written to be discreet, but anyone with access to your phone or inbox may see them. You are responsible for controlling who can access your devices.
8. Community rules
Comeback Club exists to help people get their lives back. To protect members, you agree that you will not:
- promote, encourage, glamorize or share tips, odds, picks, codes, bonuses, links or referrals for any form of gambling, betting, sweepstakes casino, prediction market, or similar activity;
- ask other members for money, offer loans, run fundraisers, sell anything, or solicit investments or business of any kind;
- harass, bully, shame, threaten, stalk, dox or intimidate anyone, or post hateful, sexual, violent or discriminatory content;
- encourage self-harm, relapse or any dangerous behavior;
- reveal, or attempt to discover, the real identity, location or personal information of any other member, or share anything another member said outside the Service;
- record, screenshot or distribute calls, chats or content of other members without their consent;
- pretend to be a licensed professional, a moderator, Comeback Club staff, or another person;
- give medical, legal or financial instructions presented as professional advice;
- post content that is unlawful, defamatory, infringing, or that you do not have the right to share;
- use bots, scrapers or automated means to access the Service, collect data, or create accounts;
- interfere with, probe, reverse engineer, overload or attempt to bypass the security of the Service; or
- use the Service for any purpose other than personal, non-commercial peer support.
We may publish additional community guidelines. Those guidelines form part of these Terms.
9. Moderation and enforcement
We may, but are not obligated to, monitor, review, screen, edit, hide or remove any content, and we may restrict, suspend or terminate any account, at any time, for any reason or no reason, with or without notice, including when we believe content or conduct is harmful to a member, to the community or to us. Moderation may be performed by staff, volunteers, members or software, and may be imperfect. We are not responsible for any content we fail to remove or for any delay in removing it. Our decisions on moderation and enforcement are final.
If we believe someone may be at risk of serious harm, we may, without any obligation to do so, share information with emergency services or others as we consider appropriate and as permitted by law.
10. Your content
- You keep ownership of the content you submit, such as posts, messages, photos, "My Why" entries, check-ins and stories ("Your Content").
- You grant Comeback Club a worldwide, non-exclusive, royalty-free, fully paid, transferable and sublicensable license to host, store, copy, use, reproduce, modify, adapt, translate, display and distribute Your Content for the purpose of operating, providing, securing, improving and promoting the Service. We will not publicly use content that identifies you in our marketing without your separate permission. This license continues for a reasonable period after you delete content, for backups and legal purposes, and indefinitely for content you shared with others that they have not deleted.
- You represent and warrant that you own or have all rights needed to share Your Content, including permission from every person who appears in any photo you upload (for example, family photos), and that Your Content does not violate these Terms or any law.
- You may give us suggestions or feedback. You agree we may use any feedback for any purpose without any obligation or payment to you.
11. Other members and outside contacts
Members, crew members, accountability partners, family members and other people you connect with through the Service are not employees, agents or representatives of Comeback Club. We do not screen, verify or perform background checks on anyone and make no representation about anyone's identity, intentions, honesty or conduct. You are solely responsible for your interactions with others, online and offline. Use caution, never send money, and never share information you would not want made public. We are not responsible for the conduct of any member or third party.
12. Safety tools, alerts and blocks
Features such as alerts to an accountability partner, "Hold On" or "rough night" tools, calls, reminders, app blocking guidance and card-lock guidance depend on devices, operating systems, networks, carriers, third-party apps, banks and other people, all outside our control. These features may fail, be delayed, be bypassed, or stop working. We do not guarantee that any alert will be delivered or answered, or that any block, limit or lock will work or prevent gambling. You remain solely responsible for your own choices and actions. Do not rely on the Service as your only protection.
13. Money features
Comeback Club does not hold, receive, move, invest or access your money. Any "Vault," savings tracker, money-saved counter or similar feature is a personal record-keeping tool only, based on numbers you enter or estimate. It is not a bank account, deposit, investment, escrow or financial product, and it is not insured. Card blocks, gambling blocks and freezes are set up through your own bank, card issuer or other provider under their terms. Any donation or "give" feature directs you to third parties, who are solely responsible for how they handle your payment and your donation.
14. Paid plans, billing and refunds
- Some features may require payment, including subscriptions and program fees. Prices, features and plans are described at the time of purchase and may change. We will give notice of price changes to existing subscriptions as required by law.
- Subscriptions renew automatically at the end of each billing period at the then-current price until you cancel. You authorize us and our payment processors (or the app store you purchased through) to charge your payment method for each renewal. You can cancel at any time in your account settings or app store settings; cancellation takes effect at the end of the current billing period.
- All fees are non-refundable, including for partial periods, unused features, or accounts suspended or terminated for violating these Terms, except where a refund is required by applicable law or by the rules of the app store you purchased through.
- You are responsible for all applicable taxes. If a payment fails, we may suspend paid features until it is resolved.
15. Our property
The Service, including its software, design, look and feel, text, graphics, logos, the names "Comeback Club" and "Not a clinic. A comeback.," and all other content we provide (excluding Your Content), is owned by Comeback Club or its licensors and is protected by intellectual property laws. We grant you a limited, personal, revocable, non-exclusive, non-transferable license to use the Service for its intended personal purpose, subject to these Terms. You may not copy, modify, distribute, sell, lease, frame, scrape, reverse engineer, or create derivative works from any part of the Service, or use our names or branding, without our prior written permission. All rights not expressly granted are reserved.
16. Disclaimer of warranties
To the fullest extent permitted by law, the Service and all content are provided "as is" and "as available," with all faults and without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any warranties arising from course of dealing or usage of trade. Comeback Club does not warrant that the Service will be uninterrupted, timely, secure, error-free or free of harmful components, that any content (including content from members) is accurate, reliable or safe, that any alert, block or safety feature will work, or that the Service will meet your needs or produce any particular result. You use the Service at your own risk.
17. Limitation of liability
To the fullest extent permitted by law, in no event will Comeback Club or its owners, members, managers, officers, employees, contractors, volunteers, moderators, agents, licensors or partners (the "Comeback Club Parties") be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, money (including gambling losses), data, goodwill, relationships, employment or health, arising out of or relating to the Service, these Terms, any content, or the conduct of any member or third party, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, and even if we were advised of the possibility of such damages.
The total liability of the Comeback Club Parties for all claims arising out of or relating to the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In those jurisdictions, our liability is limited to the smallest extent permitted by law. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud or for death or personal injury caused by gross negligence or willful misconduct.
18. Assumption of risk and release
You understand that peer support involves sharing personal and sensitive experiences with people we do not screen, and that discussions about gambling, money and recovery can be upsetting. You voluntarily assume all risks of using the Service and interacting with others. To the fullest extent permitted by law, you release the Comeback Club Parties from all claims, demands and damages of every kind, known and unknown, arising out of or connected with disputes between you and other members or third parties, or with any content you encounter. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law in any other jurisdiction.
19. Indemnification
You agree to defend, indemnify and hold harmless the Comeback Club Parties from and against all claims, demands, losses, liabilities, damages, judgments, settlements, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) Your Content; (c) your violation of these Terms or of any law; (d) your violation of any right of another person, including privacy and intellectual property rights; or (e) your interactions with any other member or third party. We may assume exclusive control of the defense of any matter, and you agree to cooperate with us. You may not settle any matter that affects us without our prior written consent.
20. Arbitration and class action waiver
Please read this section carefully. It requires you and Comeback Club to resolve disputes through individual arbitration and limits how you can seek relief.
Informal resolution first
Before starting any formal proceeding, you agree to send a written notice describing your dispute and the relief you seek to hq@comebackclub.app, and to try in good faith to resolve it with us for at least sixty (60) days.
Binding individual arbitration
Except as stated below, any dispute, claim or controversy arising out of or relating to these Terms or the Service (including questions about the scope, validity or enforceability of this section) will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this section. Unless the arbitrator decides otherwise, arbitration will be conducted remotely or by written submissions, or in the county where you live if an in-person hearing is required. Fees will be allocated as provided by the AAA rules. The arbitrator may award only individual relief, and only to the extent needed to resolve your individual claim.
Class action and jury trial waiver
You and Comeback Club each agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general or representative proceeding. You and Comeback Club each waive the right to a trial by jury.
Exceptions
Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to stop the actual or threatened infringement or misuse of intellectual property or unauthorized access to the Service.
Time limit
To the fullest extent permitted by law, any claim must be filed within one (1) year after it arises, or it is permanently barred.
Opt-out
You may opt out of this arbitration agreement by emailing hq@comebackclub.app within thirty (30) days after you first accept these Terms, with the subject line "Arbitration Opt-Out" and your name and email address. Opting out does not affect any other part of these Terms.
Severability
If the class action waiver is found unenforceable for any claim, that claim must be severed and heard in court, and the remaining claims will still be arbitrated.
21. Governing law and venue
These Terms and any dispute between you and Comeback Club are governed by the laws of the State of Wyoming, USA, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 20. For any dispute not subject to arbitration, you and Comeback Club consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Wyoming, and waive any objection based on inconvenient forum.
22. Suspension and termination
We may suspend, limit or terminate your access to all or part of the Service, delete your account or content, or refuse future access, at any time, for any reason or no reason, with or without notice and without liability to you. You may stop using the Service and delete your account at any time. Sections that by their nature should survive termination will survive, including Sections 3, 10 (license for content already shared), 11, 13, and 14 through 25.
23. Privacy and your information
This section describes how we handle your information. By using the Service you agree to it.
- What we collect. Information you give us (such as your email address, mobile number, handle, consent choices and anything you post or enter in the app); information collected automatically (such as the date and time you sign up, device and browser type, time zone, IP address, pages viewed, and which form or link you used); and information from service providers who help us run the Service.
- How we use it. To provide, operate, secure and improve the Service; to manage the waitlist and give early access; to send you the emails and texts you agreed to; to understand which parts of our website work best; to enforce these Terms and keep members safe; and to comply with law.
- How we share it. We do not sell your personal information, and we never share it with gambling operators or advertisers. We share information only with service providers that host, deliver messages, process payments or support the Service for us under confidentiality obligations; when required by law or legal process; to protect the safety, rights or property of any person or of Comeback Club; or in connection with a merger, acquisition, financing or sale of all or part of our business, in which case these protections continue to apply.
- Retention and security. We keep information for as long as needed for these purposes or as required by law, and use reasonable safeguards to protect it. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.
- Your choices. You can opt out of texts (reply STOP) and marketing emails (unsubscribe link) at any time. Depending on where you live, you may have rights to access, correct, delete or obtain a copy of your information. To make a request, email hq@comebackclub.app. We may need to verify your identity before acting on a request.
- Children. The Service is not for anyone under 18, and we do not knowingly collect information from minors. If you believe a minor has given us information, contact us and we will delete it.
- Location of processing. We are based in the United States, and your information will be processed in the United States.
24. Changes to the Service and these Terms
We may change, suspend or discontinue any part of the Service at any time without liability. We may update these Terms from time to time. When we do, we will change the "Last updated" date above and, for material changes, give notice by email, in the app or on the website. Changes take effect when posted unless we say otherwise. Your continued use of the Service after changes take effect means you accept the updated Terms. If you do not agree, you must stop using the Service.
25. General terms
- Entire agreement. These Terms, together with any guidelines or additional terms we provide for specific features, are the entire agreement between you and Comeback Club about the Service and replace any prior agreements.
- Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in full effect.
- No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer them freely, including in connection with a merger, acquisition or sale of assets.
- Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including outages of networks, carriers, app stores, hosting providers or other third parties.
- No third-party beneficiaries. Except for the Comeback Club Parties as stated in Sections 17 through 19, these Terms do not create rights for any third party.
- App stores. If you download our app from an app store, you also agree to that store's terms. The app store is not responsible for the app or its support.
- Electronic communications. You agree that we may provide notices and agreements to you electronically, and that they satisfy any legal requirement that they be in writing.
- Headings. Section headings are for convenience only and have no legal effect.
26. Contact us
Comeback Club
State of Wyoming, USA
Email: hq@comebackclub.app