[excession]

The line in question (in a section clearly labeled "7. Anti-Cheating Software."):

"We are committed to detecting and preventing software programs which are designed to enable artificial intelligence ("AI Software") to play on our Services such as, but not limited to opponent-profiling, player collusion, cheating software or anything else that we deem enables you to have an unfair advantage over other players."

I am a partner in a commercial law firm and make my living analysing commercial contracts. You attempted construction is grammatically incorrect.


The words 'or anything else that we deem enables you to have an unfair advantage over other players' is part of the list starting 'opponent-profiling, player collusion, cheating software' and not a second separate branch of the clause starting 'which are designed to'. To make it clear that this isn't a 2nd branch you just delete the 1st branch to see if the sentence still holds together grammatically..

so you would get:
'We are committed to detecting and preventing software programs which are designed to...[first branch re AI's deleted]..anything else that we deem enables you to have an unfair advantage over other players'

See - gibberish.

The only logical and grammatically correct interprettaion of the clause is that everything that follows is a list governed by:
'We are committed to detecting and preventing software programs which are designed to enable artificial intelligence ("AI Software") to play on our Services...'

It is therefore perfectly correct position to adopt that unless software you are running does this, it isn't in breach of TOS.

Also the rule that contracts which are unclear are construed against the party that drew them up would militate in favor of a restrictive interpretaton.

That said, of course Party can more or less do what they like unless you are prepared to sue them in Gibraltar.

You would however expect them to give some warning is they were going to crack down on the well-known non-bot programs like PT..