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Terms of Use

Last updated: February 2026

1. Acceptance of Terms

By downloading, installing, accessing, or using the WitClash mobile application and related services (collectively, the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to all of these Terms, you must not use the Service. We reserve the right to modify these Terms at any time. Your continued use of the Service following any changes constitutes acceptance of the revised Terms.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's consent to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

To use certain features of the Service, you must create an account using Google Sign-In, Apple Sign-In, or another authentication method we provide. You agree to:

We reserve the right to suspend or terminate accounts at our sole discretion, with or without notice, for any reason including violation of these Terms.

4. Acceptable Use

You agree not to:

5. User-Generated Content

The Service may allow you to create custom quiz topics and other content ("User Content"). You retain ownership of your User Content, but by submitting it, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, distribute, and display your User Content in connection with the Service.

You agree that your User Content will not:

We reserve the right to review, remove, or disable access to any User Content at our sole discretion, without prior notice.

6. Intellectual Property

The Service, including all content, features, functionality, design, graphics, logos, trademarks, and software, is owned by WitClash and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

7. Subscriptions and Purchases

The Service may offer in-app purchases, including WitClash Pro subscriptions. All purchases are processed through the Apple App Store or Google Play Store and are subject to their respective terms and policies.

We reserve the right to change subscription pricing at any time. Price changes will take effect at the start of the next subscription period following the date of the change.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices regarding your personal information.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WITCLASH, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE SERVICE, SET OUR PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND THAT THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.

11. Indemnification

You agree to indemnify, defend, and hold harmless WitClash and its owners, 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 in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your User Content.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Alabama, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Alabama, and you consent to the personal jurisdiction of such courts.

14. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved informally within thirty (30) days, either party may pursue resolution through the courts as specified in the Governing Law section above.

15. Severability

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

16. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WitClash regarding your use of the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

18. Contact Us

If you have any questions about these Terms, please contact us at [email protected].