Terms of Service

Last updated: September 23, 2026

1. Acceptance and scope

These terms govern your use of www.predictivegamingsolutions.com and, together with your customer agreement, your use of the client portal and our software. By using the website, the client portal or the software, you agree to these terms. If you do not agree to them, please do not use them.

Customers license our software under a written order form or master agreement, which we call the customer agreement in these terms. The customer agreement governs the software and the client portal. Where these terms and a customer agreement say different things about the software or the portal, the customer agreement governs.

2. What we provide

Predictive Gaming Solutions LLC, a Montana limited liability company, licenses software to casino properties and operators. We refer to ourselves in these terms as PGS, we or us. The software has three parts:

• A player development desk for hosts. This includes a ranked list of players, offers priced from the property's own comp matrix, drafted notes and replies, host books, an inbox for player messages, requests to managers, and Google reviews with drafted replies.
• Operations reporting. This includes house totals, month end, a printable month-end pack and machine reports.
• Marketing files. This includes mail and email files built for the property's own mail house or email platform, results by offer, and promotion scorecards.

We license the software to businesses. The website is for business use as well. Nothing on the website and nothing in the software is an offer to gamble, a solicitation to gamble or a consumer promotion.

We do not operate or offer gambling.

3. Accounts and portal access

Access to the client portal is for the people a customer has authorized. The customer decides who gets an account and what role each account has.

The customer is responsible for what its users do in the software. The software records who approved, edited or sent something and when, against the account that did it.

Keep your sign-in credentials safe and do not share them. Signing in to the portal takes a password plus a code sent by SMS to the phone number on the account.

If you believe an account has been used by someone who should not have access to it, tell us at hello@predictivegamingsolutions.com.

4. Customer data

The customer owns its data. That includes the player records it uploads or connects from its player-tracking system and the property files it sends us.

The customer grants us the right to process its data only to provide and support the service, on the customer's instructions and under the customer agreement. We claim no other right to it.

We do not sell customer data. We do not pool it across customers. We do not use it to market to the customer's players, and we do not use it for our own marketing.

The property is the business that decides why and how player data is used, and we process that data on the property's instructions. Requests from individuals about their own information go to the property, and we assist the property in answering them. Our Privacy Policy describes this in more detail.

Each of us will keep the other's confidential information in confidence and use it only for the purposes of these terms and the customer agreement.

5. Customer responsibilities

The software produces lists, offers, files and drafts. A person at the property decides what to do with each of them. Nothing reaches a player until someone at the property approves it. Every offer amount comes from the property's own comp matrix and rules, and we never set an offer of our own.

Because the property makes those decisions, the customer is responsible for:

• Every offer it issues and every message it sends to a player.
• Compliance with the gaming regulations that apply to it in its jurisdiction.
• Compliance with marketing and consumer protection law for the messages it sends, including the rules that govern telephone and email marketing.
• Its own opt-out and self-exclusion lists, and keeping those flags accurate in the systems it connects to the software.
• Its responsible gaming obligations.

The software excludes players the property has recorded as opted out or self-excluded from every list and file it builds. That exclusion works from the flags the property supplies, so the accuracy of those flags is the property's responsibility.

We provide tools. We do not provide legal or regulatory compliance, and nothing we provide is legal advice.

6. Acceptable use

You may not:

• Access the software, or attempt to access it, without authorization.
• Resell, sublicense, rent or otherwise make the software available to anyone else.
• Reverse engineer, decompile or disassemble the software, or attempt to derive its source code or its analytics method.
• Use the software for any property other than the one licensed under the customer agreement.
• Upload or process data you do not have the right to use, or use the software for any unlawful purpose.
• Interfere with the security or operation of the software, or with another customer's use of it.

7. Intellectual property

We own the software, including its interfaces and the analytics method behind it, together with all intellectual property rights in them. These terms and the customer agreement give a customer the right to use the software. They do not transfer ownership of it.

The customer owns its data, as described in section 4. Nothing in these terms transfers ownership of customer data to us.

8. No guarantee of results

The software produces ranked lists, priced offers, files and reports for a person at the property to judge and act on. What comes of them depends on the data the property supplies, the decisions its people make and conditions outside our control.

We do not promise any business outcome. We do not promise a level of play, revenue, return, redemption or retention.

9. Disclaimer of warranties

THE SOFTWARE, THE CLIENT PORTAL AND THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

We do not warrant that the software will be uninterrupted or error free, or that it will meet every requirement you have for it.

We describe the security measures we use in our Privacy Policy. No method of storage or transmission is completely secure, and we do not promise otherwise.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SOFTWARE, THE CLIENT PORTAL, THE WEBSITE OR THESE TERMS, EVEN IF WE HAVE BEEN TOLD THAT SUCH DAMAGES ARE POSSIBLE.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SOFTWARE, THE CLIENT PORTAL, THE WEBSITE OR THESE TERMS WILL NOT EXCEED THE FEES THE CUSTOMER PAID US IN THE TWELVE MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.

Some states do not allow certain damages to be excluded or limited. Where that is the case, the limits in this section apply as far as the law allows.

11. Termination

Either party may end the customer agreement as that agreement provides.

When it ends, access to the client portal and the software ends. We delete or return customer data as the customer agreement provides. Backups age out on a fixed schedule after that.

12. Governing law and venue

These terms are governed by the laws of the State of Montana, without regard to its conflict of laws rules.

Any dispute arising out of or relating to these terms will be brought in the state or federal courts sitting in Missoula County, Montana. You and we each consent to the jurisdiction of those courts.

13. Changes to these terms

We may update these terms. When we do, we post the updated version on this page with a new date.

If a change is material and affects a customer, we notify that customer as the customer agreement provides.

14. Responsible gaming

We are not a casino. We do not operate or offer gambling and we do not take wagers.

Our software is used by casino properties, so we note this here. If gambling is causing a problem for you or for someone you know, the National Problem Gambling Helpline is available at 1-800-522-4700.

15. Contact us

For questions about these terms, email hello@predictivegamingsolutions.com. For privacy questions, email privacy@predictivegamingsolutions.com.

You can also write to us at Predictive Gaming Solutions LLC, 3101 S. Russell St., Missoula, MT 59801.