I've noticed that bustabit and bustadice now have Terms of Service, and I also have noticed it includes some controversial clauses, so I have some questions:

1. "Users for which using the service is not legal in their applicable jurisdiction(s) are prohibited from using the service."

"To ensure that no prohibited users are using the service, the operator may demand proof of age, citizenship and residence of any user at his own discretion. If the user does not provide adequate proof at the operator's request they may be barred from further using the service."

How will you react to foreign governments requesting information about users accessing your website from foreign IP addresses?
Are you planning on using any 3rd party companies for KYCing of your users?
How long do you store user logs (IP addresses, user agents, deposit and withdrawal information) and private information used to confirm age/citizenship/residence? Can a user request the deletion of their data earlier?
Is it actually illegal to gamble and invest bitcoins in casino bankroll in the prohibited countries ("Aruba, Australia, Curaçao, France, Netherlands, Sint Maarten, United States of America")?

2. "The operator may permanently delete accounts that have not been accessed for two years and may make usernames of deleted accounts available for use with new accounts again."
[...]
"All funds of deleted dormant accounts including their balance and any bankroll investments are forfeited by the user and assumed by the operator."

Two years is a bit short, I've left some funds for this long in the past elsewhere without logging in for a similar period of time at least once (not that it's a smart thing to do but still).

The answer to your two questions is here, in the full ToS:

https://www.bustabit.com/tos


'Assumed by the operator' means the owner of the site keeps the funds, I think.

You have to accept the ToS on both sites, but I can't find it linked anywhere on bustabit.

Such requests would be reviewed by our lawyers who would advise us on a case-by-case basis. Like any business, bustabit is obligated to comply with lawful court orders of course.

No, KYC checks are so rarely required that that's not worth it. bustabit's default assumption for any given user is that they are not prohibited from using bustabit. A KYC check is only necessary if I have a specific reason to believe that someone is prohibited from using bustabit, e.g. if they themselves claim they are underage in chat. It's worth noting that due to the prevalence of VPNs, accessing bustabit from an IP address in a prohibited jurisdiction is not sufficient to trigger a KYC check.

Currently connection logs, deposit histories and withdrawal histories are stored indefinitely. Information collected to confirm the user's age, citizenship and/or residency is exclusively used for that purpose, is deleted immediately afterwards and is not passed on to any third parties.

I can't speak to the legality of gambling or investing Bitcoin in any of these jurisdictions. bustabit excludes users from these jurisdictions both from playing and investing not because it's illegal there (it may or may not be) but because our gaming license requires it. Conversely, a country not being on that list doesn't mean that online gambling is legal there (again, it may or may not be). Ultimately it's up to the user to ensure that they always complies with their local laws.

Signing in or connecting to the site while already signed in is all that's necessary for an account to be considered active. You don't need to wager, chat or do anything else. It goes without saying that bustabit will never delete dormant accounts before making a best effort to contact the owner first.

That's probably how I'd handle it since it seems like the simplest solution on a technical level (doesn't require any bankroll operations). However, since that's still in the distant future I can't commit to a firm answer yet. At some point in the future I would like to start recycling accounts that are clearly unused and making their user names available again, but I don't have any specific plans regarding that yet.

KYC checks are driven solely by the legal requirements imposed on bustabit and we aren't obligated to perform a KYC check just because someone won a large amount. As I mentioned in my previous post, a KYC check is only necessary if there is a specific and plausible reason to believe that a user is prohibited from using bustabit, e.g. if they themselves claim they are underage.

If a user refuses or fails a KYC check we may restrict their account from further using the site, i.e. betting, investing and chatting, and demand that they withdraw their funds and refrain from using bustabit going forwards. Outside of extreme edge cases like being compelled to by a court order, bustabit will never prevent users from accessing their funds.

Apis N.V. was formally incorporated in January 2019. Whether and to what extent the GDPR applies to bustabit is still unclear.

I think it's more complicated than that, bustabit might quailfy for an exemption/exception, they don't store much data to begin with and (I think) they aren't targeting nationals of any specific EU/EEA countries. But IANAL, maybe EU courts must make enough rulings for things to clarify.

I have not checked the entire topic but I just saw the message that users from certain countries are prohibited to use the service.

I'm from the Netherlands so I'm not allowed to use this service. Does this also apply to investing? I have been an investor since February but never actually gambled on this site.

Does this mean I should withdraw all my funds? Is there any chance my account will be locked because I'm a Dutch resident?

I see daily wagered dropping lately. Maybe running some kind of promotion could be worth it.

Hi, would like this clarified please:

I am from the USA and login from exclusively the USA. Under the new rules, can Devans state that funds under no circumstances will funds be seized/forfeited relating to being a US resident and/or logging in from the USA unless directed to by the US government?

And, assuming the above is answered favorably, will US residents always be able to access the site through US ips?

I'd like this clarified by Devans, specifically about Bustadice.

Correct, bustabit never has and never will seize users' funds unless it's legally compelled to by a lawful court order. The only minor correction is that bustabit complies with all lawful court orders, not just those from a user's country of residence.

That being said, since you are from a prohibited jurisdiction I'm afraid I have to ask you to withdraw your funds and stop using bustabit and bustadice.