Terms of Service & End-User License Agreement

Last updated: June 10, 2026

DRAFT — for founder review with counsel. This document is a working draft. It has not been reviewed or approved by an attorney, makes no legal guarantees, and confers no certifications. The governing-law, arbitration, and liability sections in particular require legal review before publishing.

TODO for founder (complete before publishing)

Replace [LEGAL ENTITY] with the operating legal entity name.
Replace [BUSINESS ADDRESS] with the registered business mailing address.
Replace [privacy@phonesdown.net] / [support email] with monitored inboxes.
Set [GOVERNING LAW — STATE/COUNTRY] and [VENUE — COUNTY/COURTS] with counsel; decide whether to include an arbitration clause / class-action waiver.
Confirm the minimum age (draft uses 13) and whether parental consent is required for minors.
Have counsel confirm the disclaimer and limitation-of-liability caps are enforceable in your jurisdiction(s).

These Terms of Service ("Terms") are a binding agreement between you and [LEGAL ENTITY] ("we," "us," or "our") governing your use of the CheckPlease mobile application, the website at phonesdown.net, and related services (together, the "Service"). By downloading, accessing, or using the Service, you agree to these Terms and to our Privacy Policy and Messaging & SMS Terms. If you do not agree, do not use the Service.

1. Eligibility & age requirement

You must be at least 13 years old to use the Service (founder/counsel to confirm the final minimum age). If you are under the age of majority where you live, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to these Terms. By using the Service, you represent that you meet these requirements.

2. Accounts & anonymous play

Most accounts are created by verifying a phone number via an SMS one-time passcode. You are responsible for the activity on your account and for keeping your device and login secure. You agree to provide accurate information (such as a display name) and not to impersonate others.

Some ways of using the Service — for example, joining a browser-based game from a shared link — may create an anonymous session identified only by a display name, with no account. Data tied to an anonymous session may be limited and may be lost if you do not link it to an account. You may optionally link an email and password to your account.

3. The game & "no real money"

CheckPlease is a social game played among friends: players put their phones down, and the app uses device motion to detect who picks theirs up. Game outcomes may record social "stakes" (such as "loser buys lunch"), IOUs, streaks, or venue perks.

No real money moves through CheckPlease. The Service does not process payments, hold funds, charge users, or transfer money between players. Any "stake," "wager," "IOU," or "owes" entry is a social record only. Settling up, if any, happens off-platform and entirely between the people involved, at their own discretion. We are not a party to, and are not responsible for, any real-world payment, debt, or dispute arising from a game. Venue games are promotions, not wagers, and we do not guarantee any perk.

4. Location, motion & device permissions

Certain features require device permissions you control: precise location (to join a venue game or to keep a live game running, including background location while a game is active), the motion sensor (accelerometer) to detect phone pickups, and notifications. You can grant or revoke these in your device settings; revoking a permission may disable the related feature. How we handle this data is described in the Privacy Policy.

5. License to use the app (EULA)

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the CheckPlease app on a device you own or control, solely for your personal, non-commercial use. We and our licensors retain all rights, title, and interest in the Service, including all software, designs, trademarks, and content. You may not copy, modify, distribute, sell, lease, reverse-engineer, or attempt to extract the source code of the app, except where such restriction is prohibited by law.

6. Acceptable use

You agree not to:

Use the Service for any unlawful, harmful, or fraudulent purpose.
Harass, threaten, impersonate, or invade the privacy of others, or upload content that is illegal, obscene, hateful, or infringing.
Use location, presence, or "nearby" features to stalk, track, or locate someone without their consent.
Cheat, tamper with game logic or sensors, or interfere with other players' games.
Probe, scan, overload, or attempt to gain unauthorized access to the Service or its data, or circumvent security or access-control rules.
Use bots, scrapers, or automated means to access the Service, or resell or commercially exploit it.

7. Your content

You may provide content such as a display name and an avatar photo. You retain ownership of your content, and you grant us a worldwide, non-exclusive, royalty-free license to host, store, display, and use it solely to operate and provide the Service. You represent that you have the rights to any content you upload and that it does not violate these Terms or the rights of others.

8. Third-party services & venues

The Service relies on third parties (including Google/Firebase, Expo, Apple, mapping/places data, and SMS providers) and may show information about restaurants or partner venues. We do not control and are not responsible for third-party services, venues, or their offers, perks, availability, pricing, or conduct. Your dealings with any venue or third party are solely between you and them.

9. Termination

You may stop using the Service and request deletion of your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the Service or its users. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and governing law) will survive.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT PICKUP DETECTION, LOCATION, OR NOTIFICATIONS WILL BE ACCURATE OR TIMELY, OR THAT ANY VENUE PERK WILL BE HONORED. CheckPlease is for entertainment; you are responsible for your own safety and your devices. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, [LEGAL ENTITY] AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR DEVICE DAMAGE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM (LIKELY ZERO, AS THE APP IS FREE) OR USD $100. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT FULLY APPLY TO YOU.

Counsel review required. Caps, exclusions, and any arbitration / class-action-waiver language must be reviewed for enforceability in the governing-law jurisdiction before publishing.

12. Indemnification

You agree to indemnify and hold harmless [LEGAL ENTITY] from claims, damages, losses, and expenses (including reasonable legal fees) arising out of your misuse of the Service, your content, your violation of these Terms, or your violation of any law or the rights of a third party.

13. Governing law & disputes

These Terms are governed by the laws of [GOVERNING LAW — STATE/COUNTRY], without regard to its conflict-of-laws rules. Subject to any mandatory consumer protections in your country, you agree that disputes will be resolved in the courts located in [VENUE — COUNTY/COURTS]. [Founder/counsel: decide whether to add a binding arbitration clause and class-action waiver, and a 30-day informal-resolution step.]

14. Apple App Store additional terms

If you obtained the app through the Apple App Store, you acknowledge these Terms are between you and [LEGAL ENTITY], not Apple, and Apple is not responsible for the app or its support. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them. You also agree to comply with the Apple Media Services / App Store Terms of Service.

15. Changes to these Terms

We may update these Terms from time to time. We will update the "Last updated" date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect means you accept the revised Terms.

16. Contact

[LEGAL ENTITY]
[BUSINESS ADDRESS]
Email: [privacy@phonesdown.net]