Terms of Service

Last updated: April 19, 2026 · Effective: April 19, 2026

These Terms of Service ("Terms") are a binding agreement between Brainflood LLC, an Idaho limited liability company ("Brainflood," "we," "us"), and you, the individual or entity using our platform ("you"). By accessing or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.

1. The Service

Brainflood is a web-based platform for hosting trivia games, karaoke, tournaments, bingo, and related live entertainment at venues, events, and online. We provide tools for hosts to create and run games, tools for venues to display and manage events, and a way for players to join games on their devices. We may update, improve, or modify features at any time.

2. Accounts and eligibility

• You must be at least 13 years old (or the age of digital consent in your jurisdiction) to create an account. Hosts and paid account holders must be at least 18.
• You are responsible for maintaining the confidentiality of your credentials and for all activity on your account.
• You must provide accurate, current information and keep it updated.
• Notify us promptly at support@brainflood.com if you suspect unauthorized use.

3. Subscriptions, billing, and refunds

• Plans: paid plans are described at brainflood.com/hosts/#pricing. Prices, features, and limits are subject to change with at least 30 days' notice for existing subscribers.
• Billing: subscriptions are billed in advance on a recurring monthly or annual basis via Stripe. By subscribing, you authorize recurring charges until you cancel.
• Cancellation: you may cancel anytime from your dashboard. Cancellation takes effect at the end of the current billing period; you retain access until then.
• Refunds: new paid subscribers are eligible for a full refund within 30 days of initial purchase if requested in writing. Beyond 30 days, fees are non-refundable except where required by law.
• Failed payments: if a payment fails, we may suspend or downgrade your account until payment is resolved.
• Taxes: fees are exclusive of applicable taxes, which you are responsible for.
• Free tier: features available at no cost may be changed or discontinued at any time.

4. Acceptable use

You agree not to:

• Use the Service to host content that is illegal, defamatory, harassing, obscene, hateful, or infringes someone else's rights.
• Upload malicious code, scrape at volumes that burden our infrastructure, or bypass rate limits.
• Reverse engineer, decompile, or attempt to extract source code except where allowed by law.
• Resell, white-label, or sublicense the Service without a written agreement with us (Business/Pro plans include host-branded play within the scope described in their plan).
• Impersonate another person or misrepresent your affiliation.
• Use the Service to collect personal information about other users without their consent.
• Interfere with other users' ability to use the Service, or circumvent authentication, security, or rate-limiting.
• Violate any applicable law, including export controls, gambling regulations, or music licensing (for karaoke content).

We may suspend or terminate accounts that violate these rules. We may also remove content that violates these Terms or applicable law.

5. Your content and license to us

You retain ownership of content you upload to the Service — your questions, game configurations, branding, slideshows, forum posts, and similar material ("Your Content").

By uploading Your Content, you grant Brainflood a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, and adapt Your Content solely to the extent necessary to operate and improve the Service. This license ends when you delete Your Content, except for reasonable backups and where retention is required by law.

You represent that you have all rights necessary to grant this license and that Your Content does not infringe any third-party rights.

6. AI-generated content

The Service includes AI-assisted features for question generation, host commentary, and answer grading, powered by third-party models (including Anthropic Claude). AI-generated output may be inaccurate, incomplete, or biased. You are responsible for reviewing AI output before using it in a live event, especially for factual questions and grading decisions. AI output is provided "as is" and is not a substitute for editorial judgment.

7. Our intellectual property

The Service, including its software, design, branding, and the name "Brainflood," is owned by Brainflood LLC and protected by intellectual property laws. Nothing in these Terms transfers ownership of our intellectual property to you. We grant you a limited, revocable, non-transferable license to access and use the Service per these Terms.

The Brainflood question library includes content from open sources (such as OpenTDB, CC-BY-SA licensed) and curated/AI-generated content owned or licensed by Brainflood. You may use questions within the Service to host events; redistributing the library outside of hosted events is not permitted.

8. Third-party services

The Service integrates with third parties (Stripe for payments, Google for OAuth and analytics, YouTube for karaoke embeds, and others). Your use of those services is subject to their own terms and privacy policies. We are not responsible for third-party services' availability or actions.

9. Termination

You may terminate your account at any time by deleting it from your dashboard. We may suspend or terminate your account if you materially breach these Terms, fail to pay fees, or if continuing to provide the Service to you would pose legal or security risk. We will make reasonable efforts to notify you before termination when feasible.

On termination: your right to use the Service ends; we may delete Your Content after a reasonable retention period (see Privacy Policy); provisions of these Terms that by their nature should survive (payment, IP, disclaimers, liability, disputes) will survive.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR MEET YOUR REQUIREMENTS. YOU USE THE SERVICE AT YOUR OWN RISK.

We make no warranty regarding the accuracy, completeness, or reliability of any content, including trivia questions and AI-generated output.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINFLOOD LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow these limitations, so they may not apply to you to the extent prohibited.

12. Indemnification

You agree to defend, indemnify, and hold harmless Brainflood LLC and its officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (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.

13. Disputes, arbitration, and class waiver

Informal resolution first: before filing any claim, you agree to contact us at support@brainflood.com and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration: any dispute not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for consumers) or Commercial Arbitration Rules (for businesses). Arbitration will take place in Kootenai County, Idaho, or by video conference at your election. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver: you and Brainflood agree that disputes will be resolved only on an individual basis and not as a class, consolidated, or representative action. The arbitrator has no authority to conduct a class proceeding.

Exceptions: either party may bring (a) small-claims court actions and (b) claims for injunctive relief for intellectual property infringement in court.

Opt out: you may opt out of this arbitration agreement by emailing support@brainflood.com with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms.

14. Governing law

These Terms are governed by the laws of the State of Idaho, U.S.A., without regard to its conflict-of-laws principles. Subject to the arbitration section, the state and federal courts located in Kootenai County, Idaho will have exclusive jurisdiction over any disputes not subject to arbitration, and you consent to the personal jurisdiction of those courts.

15. Changes to these Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice by email or in-Service notice before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

16. Miscellaneous

• Entire agreement: these Terms, together with the Privacy Policy, are the entire agreement between you and Brainflood regarding the Service.
• Severability: if any provision is held unenforceable, the rest remains in effect.
• Waiver: our failure to enforce any right is not a waiver of that right.
• Assignment: you may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or asset sale.
• Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.
• Notices: we may send notices to the email on your account. You must send formal notices to us at the contact address below.

17. Contact