Terms of Service

These Terms of Service ("Terms") govern your access to and use of the trivia game and related services (collectively, the "Service") provided by Trivialism ("we," "us," or "our"). The Service is available on web, mobile (iOS and Android), and Discord.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

• You must be at least 13 years old to use the Service (or the minimum age of digital consent in your jurisdiction, if higher).
• If you are under 18 (or the age of majority in your jurisdiction), you must have parental or guardian consent.
• By using the Service, you represent that you meet these eligibility requirements.

2. Account Registration

• You may need to create an account to access certain features.
• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to provide accurate, current, and complete information.
• You are responsible for all activity under your account.
• Notify us immediately if you suspect unauthorized use of your account.

3. License to Use the Service

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes, subject to these Terms.

You may not:

• Copy, modify, distribute, or create derivative works of the Service or its content.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use bots, scripts, or automated methods to interact with the Service (except authorized Discord bot integrations).
• Exploit bugs, glitches, or design errors for unfair advantage.
• Interfere with or disrupt the Service or other users' experience.
• Use the Service for any unlawful purpose.

4. User Conduct

You agree not to:

• Harass, bully, threaten, or intimidate other users.
• Post or transmit content that is offensive, obscene, defamatory, or discriminatory.
• Impersonate any person or entity.
• Cheat, use exploits, or manipulate game outcomes.
• Share your account with others or use another user's account.
• Engage in any activity that violates applicable laws or regulations.

We reserve the right to suspend or terminate accounts that violate these rules, with or without notice.

5. In-App Purchases and Virtual Items

• The Service may offer in-app purchases ("IAP") for virtual items, cosmetics, or premium features.
• All purchases are final and non-refundable, except as required by applicable law.
• Virtual items have no real-world monetary value and cannot be exchanged, sold, or transferred outside the Service.
• On iOS, purchases are processed through Apple's In-App Purchase system. On Android, purchases are processed through Google Play Billing. Refund requests for these platforms should be directed to Apple or Google respectively.
• We reserve the right to modify, manage, or discontinue virtual items at any time.

6. Intellectual Property

All content in the Service — including game design, graphics, text, trivia questions, audio, and software — is owned by or licensed to Trivialism and is protected by copyright, trademark, and other intellectual property laws.

The trademarks, logos, and service marks displayed on the Service are our property. You may not use them without prior written consent.

7. User-Generated Content

If the Service permits user-generated content (e.g., chat messages, custom questions, or profiles):

• You retain ownership of content you create.
• By submitting content, you grant us a worldwide, royalty-free, non-exclusive, perpetual license to use, reproduce, modify, display, and distribute your content in connection with the Service.
• You represent that you have the rights to submit the content and that it does not infringe on any third party's rights.
• We may remove content that violates these Terms or our Community Guidelines at any time without notice.

8. Third-Party Services

• The Service integrates with third-party platforms including Discord, Apple, and Google.
• Your use of those platforms is governed by their respective terms and privacy policies.
• We are not responsible for the content, policies, or practices of third-party services.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure.

Note for EU/UK consumers: This disclaimer does not affect your statutory rights under applicable consumer protection law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DIGITAL LOCAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Note for EU/UK consumers: This limitation does not exclude or limit liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable consumer law.

11. Dispute Resolution

11.1 For US Users

Any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You and we each waive the right to a jury trial and to participate in a class action.

You may opt out of arbitration by sending written notice to [email protected] within 30 days of first accepting these Terms. Small claims court actions are excluded from this arbitration provision.

11.2 For EU/UK Users

If you are a consumer in the EU or UK, you may bring claims in the courts of your country of residence. Nothing in these Terms limits your right to use any mandatory consumer dispute resolution procedures available to you. EU consumers may also use the European Commission's Online Dispute Resolution platform.

12. Governing Law

• US users: These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law provisions.
• EU/UK users: These Terms are governed by the laws of your country of residence, and you benefit from any mandatory consumer protection provisions of that law.

13. Termination

You may stop using the Service at any time and delete your account through the Service settings. We may suspend or terminate your access at any time for violation of these Terms or for any reason with reasonable notice, except where immediate action is required (e.g., fraud, security threats).

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will survive (including Sections 6, 9, 10, 11, and 12).

14. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the Service and, for material changes, by email or in-app notification at least 30 days in advance. Your continued use after the effective date constitutes acceptance.

15. Contact Us

If you have questions about these Terms, contact us at:

Trivialism — Legal Team
Email: [email protected]