Terms of Service

Last Updated: February 7, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE APP.

These Terms of Service ("Terms") constitute a legally binding agreement between you and Tosspot ("we," "our," or "us") governing your use of the Tosspot mobile application (the "App"). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. ACCEPTANCE OF TERMS

By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. We reserve the right to modify these Terms at any time, and such modifications will be effective upon posting. Your continued use of the App after changes are posted constitutes acceptance of the modified Terms.

2. ELIGIBILITY AND AGE REQUIREMENT

2.1 Legal Drinking Age Requirement

The App is intended exclusively for individuals who have reached the legal drinking age in their jurisdiction. In the United States, you must be at least 21 years of age. In other jurisdictions, you must meet the legal drinking age requirement (typically 18 or 19 years of age).

2.2 Representation and Warranty

By using the App, you represent and warrant that:

  • You are of legal drinking age in your jurisdiction
  • You have the legal capacity to enter into these Terms
  • You will use the App in compliance with all applicable laws and regulations
  • All information you provide is accurate and complete

2.3 Verification

We reserve the right to request proof of age at any time. Failure to provide such proof may result in immediate suspension or termination of your access to the App.

3. ALCOHOL-RELATED DISCLAIMERS AND ASSUMPTION OF RISK

3.1 Entertainment Purpose Only

The App is designed for entertainment purposes only. The prompts, challenges, and gameplay are intended as social activities and should not be construed as encouragement to engage in excessive or dangerous alcohol consumption.

3.2 Assumption of Risk

BY USING THIS APP, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH ALCOHOL CONSUMPTION, INCLUDING BUT NOT LIMITED TO:

  • Health risks associated with alcohol consumption
  • Impaired judgment and decision-making
  • Physical injury or harm
  • Legal consequences (DUI, public intoxication, etc.)
  • Property damage
  • Social or professional consequences

3.3 Personal Responsibility

You are solely responsible for:

  • Monitoring your own alcohol consumption
  • Making safe and responsible decisions about drinking
  • Ensuring you do not drive or operate machinery while under the influence
  • Complying with all applicable laws regarding alcohol consumption
  • Respecting the choices of other players who choose not to participate in drinking activities

3.4 Modifications to Gameplay

You are encouraged to modify gameplay to suit your preferences and safety considerations, including:

  • Substituting non-alcoholic beverages
  • Skipping challenges you are uncomfortable with
  • Establishing personal limits before gameplay begins
  • Stopping gameplay at any time

4. LICENSE TO USE THE APP

4.1 Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a mobile device that you own or control, solely for your personal, non-commercial use.

4.2 Restrictions

You agree not to:

  • Copy, modify, adapt, translate, or create derivative works of the App
  • Reverse engineer, decompile, disassemble, or attempt to discover the source code of the App
  • Rent, lease, sell, sublicense, distribute, or transfer the App to any third party
  • Remove, obscure, or alter any proprietary notices on the App
  • Use the App for any unlawful purpose or in violation of these Terms
  • Use automated systems (bots, scrapers) to access the App
  • Attempt to gain unauthorized access to the App or its related systems
  • Interfere with or disrupt the App or servers or networks connected to the App

5. INTELLECTUAL PROPERTY

5.1 Ownership

The App, including all content, features, functionality, software code, graphics, designs, text, card prompts, deck themes, and other materials, is owned by us or our licensors and is protected by copyright, trademark, patent, and other intellectual property laws.

5.2 Trademarks

"Tosspot" and related logos, graphics, and service names are trademarks of our company. You may not use these trademarks without our prior written permission.

5.3 User Content

If you submit, post, or share any content through the App (such as custom game results or shared gameplay sessions), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, and display such content in connection with operating and promoting the App.

6. IN-APP PURCHASES AND PREMIUM CONTENT

6.1 Purchases

The App may offer in-app purchases for premium card decks, themes, or other content. All purchases are final and non-refundable except as required by applicable law or as expressly stated in our refund policy.

6.2 Payment

Payment will be charged to your Apple App Store or Google Play Store account at the time of purchase. Subscription purchases (if applicable) will automatically renew unless you cancel at least 24 hours before the end of the current period.

6.3 Price Changes

We reserve the right to modify pricing for premium content at any time. Price changes will not affect purchases already made.

6.4 No Obligation

Free users are under no obligation to purchase premium content. The core gameplay experience remains available without purchase.

7. USER CONDUCT

You agree to use the App responsibly and in accordance with these Terms. Prohibited conduct includes:

  • Using the App to harass, bully, or harm others
  • Sharing content that is illegal, offensive, discriminatory, or violates the rights of others
  • Encouraging dangerous or illegal activities
  • Impersonating others or providing false information
  • Violating any applicable laws or regulations
  • Attempting to exploit vulnerabilities in the App
  • Engaging in any conduct that could damage, disable, or impair the App

We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including suspending or terminating access to the App.

8. PUSH NOTIFICATIONS

If you enable push notifications, you consent to receive messages from us regarding App updates, new content, promotional offers, and other App-related communications. You may opt out of push notifications at any time through your device settings.

9. TERMINATION

9.1 Termination by You

You may stop using the App at any time by deleting it from your device.

9.2 Termination by Us

We reserve the right to suspend or terminate your access to the App at any time, with or without cause, with or without notice, for any reason including:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Disruptive behavior
  • At our sole discretion

9.3 Effect of Termination

Upon termination, your license to use the App will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, and indemnification.

10. DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT:

  • The App will meet your requirements or expectations
  • The App will be uninterrupted, timely, secure, or error-free
  • The results obtained from use of the App will be accurate or reliable
  • Any errors in the App will be corrected
  • The App will be compatible with all devices or operating systems

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM RESULTING FROM USE OF THE APP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, data, or use
  • Personal injury or property damage
  • Business interruption
  • Loss of goodwill

ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, our parent company, subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the App
  • Your violation of these Terms
  • Your violation of any law or the rights of a third party
  • Any alcohol-related incidents, injuries, or damages that occur in connection with your use of the App
  • Any content you submit or share through the App

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

13. DISPUTE RESOLUTION AND ARBITRATION

13.1 Informal Resolution

If you have a dispute with us, you agree to first contact us at [INSERT EMAIL] and attempt to resolve the dispute informally for at least 30 days before initiating any formal proceedings.

13.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the App that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

The arbitration will be conducted by a single arbitrator and will take place in [INSERT JURISDICTION/STATE]. Judgment on the arbitration award may be entered in any court having jurisdiction.

13.3 Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of [INSERT STATE/COUNTRY], without regard to its conflict of law principles. To the extent arbitration does not apply, you agree to submit to the personal and exclusive jurisdiction of the courts located in [INSERT JURISDICTION].

15. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

16. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements, understandings, and communications, whether written or oral.

17. WAIVER

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

18. ASSIGNMENT

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

19. CONTACT INFORMATION

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

Email: [INSERT EMAIL ADDRESS]

Address: [INSERT BUSINESS ADDRESS]

20. ACKNOWLEDGMENT

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT YOU ARE OF LEGAL DRINKING AGE AND ASSUME ALL RISKS ASSOCIATED WITH ALCOHOL CONSUMPTION.