Terms of Service
Last Updated: April 3, 2025
1. Acceptance of Terms
Welcome to Brainstache ("we," "our," or "us"). By accessing or using our trivia platform, website, and services (collectively, the "Services"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Services.
2. Description of Services
Brainstache provides an online trivia platform featuring questions created both manually by our team and through artificial intelligence technology. Our Services include various game modes, leaderboards, and other interactive trivia experiences.
3. Content Disclaimer
3.1 AI-Generated Content. Portions of our trivia content are generated using artificial intelligence technology. While we strive for accuracy, we make no representations or warranties regarding the completeness, reliability, or accuracy of this AI-generated content.
3.2 No Liability for Content. We explicitly disclaim any liability for errors, inaccuracies, or inappropriate content that may appear in our trivia questions, regardless of whether they were created manually or through AI. Users acknowledge and accept this inherent limitation.
4. User Conduct
You agree not to:
- Use our Services for any illegal purpose or in violation of any laws
- Interfere with or disrupt the integrity or performance of the Services
- Attempt to gain unauthorized access to the Services or related systems
- Copy, modify, distribute, sell, or lease any part of our Services
- Use automated means to access or collect data from our Services
- Impersonate any person or entity or misrepresent your affiliation
5. Intellectual Property
All content, features, and functionality of our Services, including but not limited to trivia questions, design, text, graphics, and code, are owned by Brainstache and are protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or use for commercial purposes any content from our Services without explicit written permission.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BRAINSTACHE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
OUR MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES IN THE THREE MONTHS PRIOR TO THE CLAIM OR $50, WHICHEVER IS GREATER.
7. Indemnification
You agree to defend, indemnify, and hold harmless Brainstache and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services.
8. Termination
We reserve the right to terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including a breach of these Terms. All provisions of the Terms which by their nature should survive termination shall survive.
9. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the date at the top of these Terms. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state of [Your State], without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to or use of the Services shall be instituted in federal or state courts in [Your State], and you agree to submit to the jurisdiction thereof.
11. Contact Us
If you have any questions about these Terms, please contact us at contact@brainstache.com.