Terms of Service

Last updated: September 24, 2026

These Terms govern your use of SmartyPints TV (the "Service"), operated by [Company Legal Name] ("we", "us"). Part A applies to businesses that subscribe to the Service ("Venues" or "you"). Part B applies to anyone who plays trivia on a phone at a Venue ("Players"). Part C applies to everyone. If you do not agree to these Terms, do not use the Service.

Part A — Venue Terms

1. The Service

SmartyPints TV provides automated trivia shown on televisions at your Venue through our TV app, a web portal for managing your Venue, and a web page Players use to answer on their phones. The Service may also show your advertisements and, if you turn it on, background music from our licensed library.

2. Accounts

• You must be at least 18 years old and authorized to bind the business you register.
• You are responsible for keeping your login credentials secure and for everything done under your account, including by staff you share access with.
• Give us accurate information and keep it current, especially your billing and contact email.

3. Subscriptions, billing and cancellation

• Each Venue requires its own subscription. Subscriptions are billed monthly in advance through our payment processor, Stripe, and renew automatically until cancelled.
• If we offer a free trial, your card will be charged when the trial ends unless you cancel before then.
• Prices are shown at checkout and exclude applicable taxes, which you are responsible for. We may change prices with at least 30 days' notice; changes apply from your next billing period.
• You can cancel at any time from the billing page in your portal. Cancellation takes effect at the end of the current billing period. Except where required by law, fees already paid are not refundable, including for partial months.
• Failed payments: if a payment fails, we will notify you and retry. The Service keeps running for a 7-day grace period. If payment is still outstanding after the grace period, your TVs will stop showing trivia and display a "subscription inactive" screen, and Players will not be able to join, until the balance is paid.
• We do not store your full card number; payment details are handled by Stripe under its own terms and privacy policy.

4. Your content: ads, logos and custom questions

You can upload advertisements (images and videos), your logo, and custom trivia questions ("Venue Content"). For all Venue Content:

• You are solely responsible for Venue Content and for how and when it is shown at your Venue.
• You must own, or have all necessary licenses and permissions for, everything in your Venue Content, including images, video, music soundtracks, logos, trademarks, and the likeness of any person shown.
• You must comply with all laws and regulations that apply to your advertising, including alcohol-advertising rules (for example, restrictions on happy-hour or price promotions, required disclaimers, and rules against targeting minors) set by your state, local and federal authorities, as well as consumer-protection and truth-in-advertising laws.
• Venue Content must not be unlawful, defamatory, obscene, hateful, harassing, deceptive, or infringing, and must not contain malware.
• You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, transcode, and display Venue Content solely to operate the Service for you (for example, sending your ads to your TVs).
• We do not review Venue Content before it is shown, but we may remove or disable any Venue Content that we reasonably believe violates these Terms or the law.

5. Music

• Background music provided from our library is licensed for use within the Service at your Venue. Do not record, rip, or redistribute it.
• If you play your own music (including soundtracks in video ads you upload, or any audio you play alongside the Service), you are responsible for obtaining any public-performance licenses required (for example from performing-rights organizations such as ASCAP, BMI, SESAC or GMR in the United States).
• [Confirm with counsel and your music provider whether library music requires any additional venue-level public-performance license.]

6. TV devices

• You supply the TVs, streaming devices and internet connection. We are not responsible for your hardware, network, or TV settings.
• Paired devices send us technical information (see our Privacy Policy) so the Service can deliver games, ads and updates.
• You may unpair devices at any time from your portal.

7. Your responsibilities at the Venue

• You are responsible for the conduct of your Venue, including serving alcohol responsibly and in compliance with the law. The Service does not verify the age of Players.
• If you offer prizes for trivia, you are solely responsible for the prize promotion, including compliance with gambling, sweepstakes, contest and tax laws. Do not require a purchase or payment to play or win unless the law allows it.
• Nicknames are chosen by Players. Let us know if an offensive nickname appears, and we will help you remove it.

8. Service-wide venue rankings

Unless you opt out in your Venue settings, your Venue name and its aggregate scores may appear on the service-wide venue board shown on other Venues' TVs. Player nicknames are not shown on that board.

9. Availability and changes

We work to keep the Service running, and the TV app is designed to keep playing through short internet outages, but we do not guarantee uninterrupted or error-free operation. We may change, add or remove features. If we make a change that materially reduces the core Service, you may cancel and we will refund any prepaid, unused portion of your current billing period.

10. Suspension and termination

We may suspend or terminate your account if you materially breach these Terms (including non-payment after the grace period, or unlawful Venue Content), or if required by law. You may stop using the Service and delete your account at any time. After termination, we may delete your Venue Content and data as described in our Privacy Policy.

Part B — Player Terms of Play

• Age. The Service is intended for adults. You must be at least 18 years old to play, and at least 21 (or the legal drinking age where you are) at any Venue that serves alcohol, unless the Venue permits otherwise and the law allows it.
• Nicknames are public. Your nickname and score are shown on the Venue's TVs and on the leaderboard at that Venue. Do not use your full name or anything offensive, impersonating, or that infringes someone's rights. We or the Venue may remove any nickname.
• Fair play. One player per phone. Do not use bots, scripts, multiple accounts, or attempt to interfere with the game or other players. We may remove scores or block players who cheat.
• Optional profile. If you add an email address, we use it only to send sign-in and verification codes and to help you recover your profile (see our Privacy Policy).
• Prizes. Any prizes are offered by the Venue, not by us. Ask the Venue for its rules.
• Drink responsibly. Playing trivia never requires buying a drink. Please drink responsibly and never drive impaired.

Part C — Terms for Everyone

11. Our content and intellectual property

The Service, including the software, TV app, design, and our question library, is owned by us or our licensors. Some trivia questions are provided by third parties under open licenses; see Attributions. We grant you a limited, revocable, non-transferable right to use the Service as intended under these Terms. Do not copy, scrape, reverse engineer, resell, or create derivative services from the Service except as allowed by law or by an applicable open license.

12. Acceptable use

Do not use the Service to break the law, infringe others' rights, send spam, probe or overload our systems, bypass security or subscription controls, or access other people's accounts or data.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Trivia answers are provided for entertainment and may occasionally be wrong.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM (OR US $50 IF YOU PAID NOTHING, SUCH AS A PLAYER).

15. Indemnity

Venues will defend and indemnify us against third-party claims arising from their Venue Content (including ads and music), their prize promotions, their service of alcohol, or their breach of these Terms or the law.

16. Governing law and disputes

These Terms are governed by the laws of the State of [State], without regard to conflict-of-laws rules. Any dispute will be resolved exclusively in the state or federal courts located in [County], [State], and you and we consent to their jurisdiction. [Counsel: consider whether to add an arbitration clause and class-action waiver.]

17. Changes to these Terms

We may update these Terms. If a change is material, we will notify Venues by email or in the portal at least 30 days before it takes effect. Continuing to use the Service after the effective date means you accept the updated Terms.

18. General

These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Service. If any part is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.

19. Contact

[Company Legal Name], [Mailing Address]. Email: support@smartypints.tv.