Effective date: [launch date]
These Terms of Service ("Terms") are an agreement between you and Potluck Trivia, a service owned by Phipps Holdings LLC, a New Jersey limited liability company ("Potluck Trivia," "we," "us" or "our"). They cover your use of the Potluck Trivia website at www.potlucktrivia.com, invite links, game screens, and any related services (together, the "Service").
By creating a host account, opening an invite link, joining a game or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Who provides the Service
Potluck Trivia provides the Service. Your agreement, and any claim related to the Service, is with us and not with any of our owners, members, managers, employees or contractors individually.
2. Private beta
The Service is in private beta. It is offered free of charge for now, may change often, may contain errors, and may be unavailable at times, including during a game. We may approve, decline, pause or end access to the beta at our discretion.
We may add, change or remove features at any time, including during the beta, and we may set limits on how much you can use the Service, such as how many games, guests, questions or question helper requests you can use in a period. If we ever offer paid plans, we will tell you the price and terms first, and we will never charge you without your agreement.
3. Who can use the Service
- Hosts. To create and run games you need a host account. You sign in with a Google account, must be at least 18 years old, must be able to form a binding contract, and must live in the United States. You are responsible for keeping your Google account secure and for activity under your host account.
- Guests. People invited by a host can write questions through their invite link, and anyone in the room can join a game from their phone, without an account. Guests under 18 may take part only with the permission and supervision of a parent, guardian or the host.
- Hosts are responsible for their games. As a host, you choose who to invite, you confirm you have permission to give us each guest's name and email address so we can send them an invite, and you are responsible for the questions you approve and show at your game.
- Invite links are personal. Each invite link is tied to one invited guest. Anyone who has the link can use it as that guest, so please don't share it. A host can delete or replace a link at any time, and a deleted link stops working.
4. What Potluck Trivia does, and what it does not do
Potluck Trivia lets a host collect trivia questions from guests and play them as a game on a shared screen, with guests answering on their phones.
Please understand the following:
- Questions come from people, not from us. Questions, answers and backstories are written by hosts and guests, sometimes with help from our question helper. We do not check them for accuracy. The "correct" answer is whatever the person who wrote the question says it is.
- It's a game. Scores, rankings and awards are for fun. They depend on network speed, devices and timing, and may not be perfectly fair or accurate. There are no prizes from us.
- No affiliation. Potluck Trivia is not affiliated with, endorsed by, or acting for any school, team, company or person named in a question. Names and marks belong to their owners.
5. Automated and AI features
The Service uses artificial intelligence to help hosts and guests draft questions and answers. The question helper is only for writing trivia questions for your game. Its suggestions can be wrong, silly or inappropriate, so review anything it writes before you use it. You are responsible for the questions you save.
6. Your content
"Your content" means the questions, answers, backstories, names, team names and other material you add to the Service.
- You keep ownership of your content.
- You give us a non-exclusive, worldwide, royalty-free license to store, copy, process and display your content to provide, maintain, secure, develop and improve the Service, including showing your questions and your name to the other people in your game.
- You confirm that you have the right to share your content, and that it does not violate anyone else's rights or the law.
How games help us improve. We may use information about how games are played, such as how many people get questions right and how long they take, to develop and improve the Service. When information like this is shown outside your game or shared outside Potluck Trivia, it is de-identified or combined with other games' information so that it does not identify you. We do not share your questions with other groups.
Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.
7. Acceptable use and keeping it friendly
You agree not to:
- add content that is unlawful, harassing, hateful, sexually explicit involving anyone without consent, or that shares someone's private information (such as health, finances, addresses or private messages) without their permission;
- use the Service to bully or embarrass someone who has not agreed to be part of the joke;
- use the question helper for anything other than writing trivia questions, or try to get around its limits;
- invite people who have not agreed to hear from you, or use invites to send spam;
- send content that contains malware, or try to access other people's games or any part of the Service you are not authorized to use;
- interfere with, overload, scrape or reverse engineer the Service; or
- resell or provide the Service to others.
We may remove content, end a game, or suspend or close accounts that break these rules.
8. Third-party services
The Service relies on services from other companies, such as Google for sign-in, Microsoft Azure for hosting and email, and AI providers for the question helper. Casting or mirroring a game to your TV uses your own devices and services. Your use of those services is also subject to their terms, and we are not responsible for them.
9. Changes to the Service and ending your account
We may change, suspend or discontinue any part of the Service at any time. Hosts may stop using the Service and delete their account at any time. We may suspend or end access if you break these Terms, if required by law, or if we end the beta. Sections 4, 6 (de-identified and combined information, and feedback), 10, 11, 12 and 13 continue after your account ends.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY QUESTION, ANSWER, SUGGESTION OR SCORE IS ACCURATE OR COMPLETE.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, POTLUCK TRIVIA AND ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR DATA, ARISING FROM OR RELATED TO THE SERVICE OR TO CONTENT ADDED BY HOSTS OR GUESTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).
Some jurisdictions do not allow certain disclaimers or limits, so some of the above may not apply to you.
12. Indemnity
To the extent permitted by law, you agree to defend and hold harmless Potluck Trivia and its owners, members, managers, employees and contractors from claims, losses and expenses (including reasonable attorneys' fees) arising from your content, the games you host, your misuse of the Service, or your violation of these Terms or the law.
13. Disputes
- Talk to us first. If you have a concern, email help@potlucktrivia.com. We will try to resolve it informally within 30 days.
- Governing law. These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules.
- Where disputes are heard. Any dispute that is not resolved informally will be brought only in the state or federal courts located in New Jersey, and you and we consent to those courts. Either party may bring an eligible individual claim in small claims court instead.
- Time limit. To the extent permitted by law, any claim related to the Service must be brought within one year after it arises.
14. Changes to these Terms
We may update these Terms. If we make a material change, we will notify hosts by email or in the Service before it takes effect. Continuing to use the Service after the change means you accept the updated Terms.
15. General
These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If any part is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms; we may transfer them in connection with a merger, sale or reorganization.
16. Contact
Questions about these Terms? Email help@potlucktrivia.com.