Terms of Service

Effective Date: March 1, 2026 · Last Updated: March 1, 2026

Welcome to Brainflood. These Terms of Service ("Terms") govern your access to and use of the Brainflood website at brainflood.com, the Brainflood platform, and all related services (collectively, the "Service") operated by Brainflood ("we," "us," or "our").

By creating an account, 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 18 years old (or the age of legal majority in your jurisdiction) to create an account and use the Service as a host.
• Players may join games as anonymous participants (via QR code or game code) without creating an account. Players under 18 may participate under the supervision of a game host, parent, or guardian.
• By creating an account, you represent that you meet these eligibility requirements.

2. Account Registration and Security

• You must provide accurate, current, and complete information when registering.
• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately at hello@brainflood.com if you suspect unauthorized access to your account.
• We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are compromised.
• You may not create multiple accounts to circumvent plan limits, bans, or other restrictions.

3. Description of Service

Brainflood is a web-based trivia hosting platform that provides:

• Game creation and management across multiple game modes (Classic Trivia, Jeopardy Grid, Lightning Round, Bluff, Bingo)
• A curated trivia question library with smart rotation
• AI-powered hosting features (AI Host Engine, AI question generation)
• Real-time player joining via QR codes and game codes
• Live scoring, leaderboards, and game analytics
• Venue management, event scheduling, and tournament organization
• Community features (forums, messaging, player profiles)

The specific features available to you depend on your subscription plan.

4. Subscription Plans and Payment

4.1 Free Trial

New users may receive a free trial period (currently 14 days). During the free trial, you have access to a limited set of features as described on our pricing page. No credit card is required for the free trial.

4.2 Paid Plans

• Paid plans are billed on a monthly or annual basis, depending on your selection.
• All prices are listed in US Dollars (USD) unless otherwise stated.
• Prices shown on the website are subject to change. We will notify existing subscribers at least 30 days before any price increase takes effect on their account.
• Annual plans are billed upfront for the full year at a discounted rate.

4.3 Billing and Renewal

• Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
• You authorize us (or our payment processor) to charge your payment method on file for recurring subscription fees.
• If a payment fails, we may retry the charge and/or suspend your account until payment is resolved.

4.4 Cancellation and Refunds

• You may cancel your subscription at any time from your account settings.
• Cancellation takes effect at the end of your current billing period. You will retain access to paid features until then.
• We offer a 14-day money-back guarantee for first-time subscribers. If you are unsatisfied within the first 14 days of your initial paid subscription, contact us for a full refund.
• After the 14-day guarantee period, no refunds are issued for partial billing periods, unused time, or voluntary cancellations.
• Annual plan refunds (after the 14-day guarantee) are issued on a prorated basis at our discretion.

4.5 Plan Limits

Each plan has defined limits (number of games, venues, features). If you exceed your plan limits, we may prompt you to upgrade. We will not charge you for overages without your consent.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Submit, create, or distribute content that is unlawful, defamatory, obscene, harassing, threatening, hateful, discriminatory, or otherwise objectionable.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Upload or transmit malware, viruses, or any code designed to disrupt, damage, or limit the functionality of the Service.
• Attempt to gain unauthorized access to the Service, other user accounts, or our systems and networks.
• Scrape, crawl, or use automated means to access the Service or extract data, except as expressly permitted by our API terms (if applicable).
• Interfere with or disrupt the integrity or performance of the Service.
• Use the AI features to generate content that violates these Terms, including hateful, harmful, or illegal content.
• Circumvent or manipulate game mechanics, scoring, or leaderboards through exploitation, bots, or other unfair means.
• Use the Service to send unsolicited bulk communications (spam).
• Resell, sublicense, or commercially exploit the Service without our written permission.

We reserve the right to remove content and suspend or terminate accounts that violate these rules, at our sole discretion and without prior notice.

6. User-Generated Content

6.1 Your Content

You retain ownership of content you create and submit through the Service, including custom trivia questions, team names, forum posts, and game configurations ("Your Content").

6.2 License to Us

By submitting Your Content to the Service, you grant Brainflood a non-exclusive, worldwide, royalty-free, sublicensable license to use, store, display, reproduce, and distribute Your Content solely for the purpose of operating, improving, and promoting the Service. This license continues for as long as Your Content remains on the Service and for a reasonable period after deletion (to account for backups and cached copies).

6.3 Content Responsibility

• You are solely responsible for Your Content and the consequences of posting it.
• You represent that you have all necessary rights to submit Your Content and that it does not infringe any third party's intellectual property or other rights.
• We do not pre-screen user content but reserve the right to remove any content that violates these Terms.

6.4 Brainflood Question Library

The curated trivia question library provided by Brainflood is our proprietary content. You may use these questions within the Service for game hosting purposes. You may not bulk-export, redistribute, or use our question library outside of the Service without written permission.

7. AI Features

• AI-generated content (host commentary, generated questions) is provided "as is." While we strive for accuracy and quality, AI-generated content may contain errors, inaccuracies, or inappropriate responses.
• You are responsible for reviewing AI-generated questions before using them in a game, especially in professional or commercial settings.
• AI features are subject to the capabilities and limitations of our AI provider. Features may change, be updated, or experience temporary unavailability.
• You agree not to use AI features to generate content that is illegal, harmful, misleading, or in violation of Section 5 (Acceptable Use).

8. Intellectual Property

8.1 Our Property

The Service, including its design, code, graphics, logos, trademarks, user interface, curated question library, documentation, and all other materials (excluding Your Content) are owned by Brainflood or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on our intellectual property without written permission.

8.2 Feedback

If you provide suggestions, feature requests, or other feedback about the Service, we may use it freely without any obligation to you. You grant us an unrestricted, perpetual, irrevocable, royalty-free license to use any feedback you provide.

9. Service Availability

• We strive to maintain high availability but do not guarantee uninterrupted, error-free, or secure access to the Service at all times.
• The Service may be temporarily unavailable due to scheduled maintenance, updates, infrastructure issues, or circumstances beyond our control.
• We will make reasonable efforts to provide advance notice of planned maintenance that may cause significant downtime.
• We are not liable for any loss or damage resulting from Service unavailability.

10. Third-Party Services and Links

The Service may integrate with or link to third-party websites, services, or tools. We are not responsible for the content, privacy practices, or availability of any third-party services. Your use of third-party services is governed by their respective terms and policies.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that:

• The Service will meet your specific requirements.
• The Service will be uninterrupted, timely, secure, or error-free.
• Results obtained from the Service (including AI-generated content) will be accurate, reliable, or complete.
• Any defects in the Service will be corrected.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAINFLOOD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, revenue, goodwill, or business opportunity, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

OUR TOTAL AGGREGATE LIABILITY for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total amount you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Brainflood and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service.
• Your Content or any content you submit, post, or transmit through the Service.
• Your violation of these Terms.
• Your violation of any law or the rights of any third party.
• Any game or event you host using the Service, including any claims by players, venues, or attendees.

14. Termination

14.1 Termination by You

You may close your account at any time by contacting us at hello@brainflood.com or through your account settings (when available). Upon account closure, your right to use the Service ceases immediately (subject to any remaining paid subscription period).

14.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without notice, if:

• You violate these Terms or any applicable law.
• Your conduct harms or threatens to harm other users, the Service, or our reputation.
• We are required to do so by law or legal process.
• We discontinue or materially modify the Service (with reasonable notice when practicable).

14.3 Effect of Termination

• Upon termination, your license to use the Service ends immediately.
• We may delete your account data within 30 days of termination, unless retention is required by law.
• Sections that by their nature should survive termination will survive, including: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.
• Termination does not relieve you of any obligation to pay outstanding fees.

15. Dispute Resolution

15.1 Informal Resolution

Before filing any formal legal claim, you agree to contact us at hello@brainflood.com and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved without formal proceedings.

15.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

15.3 Jurisdiction

Any disputes arising out of or relating to these Terms or the Service that cannot be resolved informally shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

15.4 Class Action Waiver

You agree that any claims relating to these Terms or the Service will be brought on an individual basis only, and not as part of a class action, collective action, consolidated action, or representative action. You waive any right to participate in such proceedings.

16. Modifications to the Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

17. Changes to These Terms

We may revise these Terms from time to time. When we make material changes, we will update the "Last Updated" date and notify you via email or a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the revised Terms take effect constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and close your account.

18. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Brainflood regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations freely.
• No Agency: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Brainflood.
• Force Majeure: We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, pandemics, wars, terrorism, government actions, labor disputes, Internet failures, or power outages.
• Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.

19. Contact Us

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

• Email: hello@brainflood.com
• Website: brainflood.com