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 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
You can use the Service if you are 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 who join a game by scanning a QR code do not create accounts and are not parties to these Terms; the venue hosting the game is responsible for the conduct of its players.
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.
Beta status
During the beta period, the Service is provided free of charge. We may end the beta at any time and begin charging for some or all features. We may also limit beta access, require an invite code, or revoke beta access for any reason.
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 where your plan explicitly allows white-labeling.
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 Service is free during the beta. After the beta, certain features will require a paid plan. We will 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. Contact
Questions about these Terms? Email support@trivia-fun.com.