Terms of Service
The plain-language version: be cool, don't break the law, and we'll all get along. The not-so-plain version is below.
These Terms of Service (the "Terms") are a legal agreement between you and Unfolding Software Inc., an Indiana corporation doing business as Trivia-Fun ("Trivia Fun", "we", "us") and govern your access to and use of the Trivia Fun website (trivia-fun.com), the Trivia Fun hosted application (app.trivia-fun.com), the community forum (forum.trivia-fun.com), and any related services we provide (collectively, the "Service").
By accessing or using the Service, you agree to these Terms. If you don't agree, don't use the Service.
1. Who can use Trivia Fun
Venue accounts. To create a venue account and host games you must be at least 18 years old and legally able to enter into a binding contract under the laws of your jurisdiction. If you're using the Service on behalf of a venue, business, or other organization, you represent that you have the authority to bind that entity to these Terms.
Players. To play — as a guest or with a free player account — you must be at least 13 years old. Trivia Fun is designed for adult-oriented venues like bars and breweries, but games also run at restaurants and family events, and we'd rather set an honest floor than pretend otherwise. If you are under 18, you may only play with the permission of a parent or guardian.
Everyone who plays is covered by these Terms. You agree to them when you join a game — by scanning a venue's QR code, entering a room code, or tapping "Join Game" — and when you create a player or venue account. You don't need an account to be bound by them, because the parts that matter most (acceptable use in section 4, the content licence in section 5, the disclaimers in section 10, and the limitation of liability in section 11) apply to every person who uses the Service.
The venue hosting a game remains responsible for moderating conduct in its own room, as described in section 5.
2. The Service
Trivia Fun is a tool that lets venues run live trivia games. Hosts create rooms, players join from their phones, and the host runs the game. We may add, change, or remove features at any time. We may also discontinue any part of the Service, with or without notice. We'll try to give reasonable notice for material changes, but we don't promise a specific notice period.
Free and paid tiers
The Starter tier is provided free of charge; other features require a paid plan as described on our pricing page. We may change which features belong to which tier over time. Where a change removes a feature from a plan you're paying for, we'll give reasonable notice.
3. Accounts
Some features require a venue account. You agree to:
- Provide accurate, current, and complete information when creating an account.
- Keep your password and access tokens confidential. You are responsible for all activity that happens under your account.
- Notify us immediately at support@trivia-fun.com if you suspect unauthorized access.
We may suspend or terminate any account that violates these Terms, that we reasonably believe is being used for illegal or abusive purposes, or that has been inactive for an extended period.
4. Acceptable use
You agree not to:
- Use the Service to violate any law or third-party right (including intellectual property and privacy rights).
- Upload, host, or transmit content that is unlawful, defamatory, harassing, hateful, sexually explicit, or that infringes someone else's rights.
- Use the Service to host trivia games for the purpose of unlawful gambling, prize promotions, or sweepstakes that don't comply with applicable law in your jurisdiction.
- Attempt to gain unauthorized access to the Service, other users' accounts, or the underlying systems.
- Reverse engineer, decompile, or attempt to extract the source code of the Service, except where this restriction is prohibited by law.
- Use the Service to send spam, run bots, or automate access in a way that disrupts the Service for other users.
- Resell, sublicense, or repackage the Service as your own product without our written permission.
- Remove, hide, or alter any "Powered by Trivia Fun" branding except as permitted by your plan (paid plans include the option to hide the badge).
5. Player content and venue responsibility
Players join games by typing a name and answering questions. Trivia Fun does not verify player identities. The host venue is responsible for moderating player names and conduct in its own room, including kicking players who enter offensive names or otherwise violate venue rules. We provide tools to manage player conduct; you agree to use them.
You also agree that the trivia content (questions, branding, ads) you upload through your account is content you have the right to use, and that you grant us a non-exclusive, worldwide, royalty-free license to host and serve that content as part of operating the Service for you.
6. Pricing, billing, and refunds
The Starter tier is free. Certain features require a paid plan. We publish current pricing on trivia-fun.com/pricing. By starting a paid plan you authorize us (or our payment processor) to charge your payment method on a recurring basis until you cancel.
You may cancel a paid plan at any time. Cancellations take effect at the end of the current billing period. We do not offer pro-rated refunds for partial periods unless required by law. If you believe a charge is incorrect, contact us at support@trivia-fun.com within 30 days of the charge and we'll investigate in good faith.
We may change pricing for new sign-ups at any time. If we change pricing for an existing customer, we'll give at least 30 days' notice by email.
7. Service availability — no SLA
The Service is provided on a "best effort" basis. We do not commit to a specific uptime percentage, response time, or support turnaround. We may take the Service offline for maintenance, upgrades, or any other reason, with or without notice.
Because Trivia Fun is operated by a very small team, you should not rely on the Service for events where downtime would cause significant harm to your business. If you need an enterprise-grade SLA, Trivia Fun is probably not the right tool for you yet.
8. Intellectual property
The Service, including all software, design, text, graphics, and trademarks (other than user content), is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. Nothing in these Terms transfers any ownership rights to you.
You retain ownership of the content you upload (questions, branding, ads, venue information). By uploading it you grant us the license described in section 5.
9. Third-party services
The Service may rely on or integrate with third-party services (for example, payment processors, email delivery, error monitoring, hosting providers, and the Discourse-powered community forum). Those services have their own terms and privacy policies, and we are not responsible for their conduct. See our Privacy Policy for the current list of subprocessors we use.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the maximum extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that any defects will be corrected, or that the Service will meet your requirements.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRIVIA FUN, ITS OPERATORS, OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100), OR (B) THE TOTAL AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless Trivia Fun and its operators from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Service; (b) your content; (c) your violation of these Terms; or (d) your violation of any law or third-party right. We reserve the right to assume the exclusive defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense.
13. Termination
You may stop using the Service at any time. We may suspend or terminate your access to the Service, with or without notice, for any reason — including violation of these Terms, suspected fraud, non-payment, or because we are discontinuing the Service.
Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and governing law) will survive.
14. Governing law and disputes
These Terms are governed by the laws of the State of Indiana, United States, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Indiana, and you consent to the personal jurisdiction of those courts. You waive any objection to venue in those courts.
You and Trivia Fun each agree that any dispute will be brought in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
15. Changes to these Terms
We may update these Terms from time to time. When we do, we'll update the "Last updated" date at the top of this page. For material changes, we'll make a reasonable effort to notify you (for example, by email to the address on your account, or by a notice in the app). Your continued use of the Service after the changes take effect means you accept the updated Terms.
16. Miscellaneous
These Terms are the entire agreement between you and us regarding the Service and supersede any prior agreements. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent; we may assign them freely.
17. Mobile apps (Apple App Store and Google Play)
Trivia Fun may also be distributed as a mobile app. If you obtained the app from the Apple App Store or Google Play, the following additional terms apply to that copy of the app. Where they conflict with anything above, these control for the app.
Apple App Store
These terms are required by Apple for apps that use a custom end-user licence agreement.
- This agreement is with us, not Apple. These Terms are concluded between you and Unfolding Software Inc. only, and not with Apple Inc. We — not Apple — are solely responsible for the Trivia Fun app and its content.
- Scope of licence. We grant you a non-transferable licence to use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
- Maintenance and support. We are solely responsible for providing any maintenance and support for the app. Apple has no obligation whatsoever to furnish any maintenance or support.
- Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you (the app is free, so this amount is zero). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app.
- Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession and use of it, including: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- Intellectual property claims. If a third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, we — not Apple — are solely responsible for the investigation, defence, settlement and discharge of that claim.
- Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Contact. Questions, complaints or claims about the app should be directed to Unfolding Software Inc., 320 N Meridian St Ste 823, #215, Indianapolis, IN 46204, United States, or support@trivia-fun.com.
- Third-party terms. You must comply with any applicable third-party terms of agreement when using the app.
- Third-party beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Google Play
If you obtained the app from Google Play, your use is also subject to the Google Play Terms of Service. These Terms are between you and Unfolding Software Inc. only, and not with Google. We — not Google — are solely responsible for the app, its content, and any maintenance, support, or warranty obligations, and for addressing any claims relating to it.
18. Copyright complaints (DMCA)
We host content that our users upload — trivia questions, venue logos, TV ad artwork, and player profile photos. We respect copyright and respond to valid notices under the Digital Millennium Copyright Act.
Our copyright and DMCA policy forms part of these Terms and is incorporated here by reference. It identifies the designated agent we have registered with the United States Copyright Office, and sets out how to file a notice under 17 U.S.C. § 512(c)(3), how to send a counter-notice, and what happens after we receive either.
We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
19. Contact
Questions about these Terms? Email support@trivia-fun.com.