Terms of Service - PartyPlay
Effective Date: October 25, 2025
Last Updated: October 25, 2025
AGREEMENT
By using PartyPlay, you agree to these Terms. If you don't agree, don't use the service.
WHAT PARTYPLAY IS
We provide: A platform to coordinate parties with photo galleries, countdowns, AI-generated content, and activity coordination.
We DON'T provide: Party planning advice, childcare, professional services, or guarantees of successful parties.
WHO CAN USE IT
- ✅ You must be 18 or older
- ✅ OR have parent/guardian permission if under 18
- ✅ You must provide accurate information
- ✅ You're responsible for keeping your access codes secure
YOUR RESPONSIBILITIES
When You Use PartyPlay:
You agree to:
- ✅ Use it for private, non-commercial parties only
- ✅ Respect others' privacy (especially when photographing)
- ✅ Obtain consent from people you photograph
- ✅ Use AI content responsibly
- ✅ Comply with all applicable laws
You agree NOT to:
- ❌ Use it for illegal purposes
- ❌ Publish PartyPlay content publicly (photos, AI content)
- ❌ Use it commercially (sell party services using our platform)
- ❌ Abuse the system (hacking, spam, etc.)
- ❌ Violate others' privacy or rights
PHOTOS & CONTENT
Your Uploads
What you upload (photos, videos):
- You own it
- You grant us a license to display it during your party
- You grant us a license to store it (72 hours max)
- You're responsible for it (we're not liable)
You promise:
- ✅ You have rights to upload it
- ✅ You obtained consent from people in photos
- ✅ It doesn't violate anyone's rights
- ✅ It's not illegal, harmful, or inappropriate
We can:
- Remove content that violates these Terms
- Terminate your account for repeated violations
- Report illegal content to authorities
AI-Generated Content
What we generate (using OpenAI, Google, Anthropic):
- It's created based on YOUR prompts and direction
- It may resemble copyrighted works (AI limitation)
- We make NO warranties about copyright status, originality, or freedom from third-party rights
- You assume all risk if you use it beyond private party
CRITICAL: AI CONTENT LIABILITY
YOU (the user) direct and control all AI content generation. You submit the prompts, you review the outputs, you decide whether to use the content.
YOU ALONE ARE LIABLE for:
- Copyright infringement claims arising from AI-generated content
- Trademark violations
- Intellectual property disputes
- Any legal consequences of using AI-generated content
- Inappropriate or harmful content generated from your prompts
PartyPlay is NOT liable for AI outputs. We provide the tool; you control its use.
License to you:
- ✅ Use it during your private party ONLY
- ✅ Ephemeral use (72 hours, then auto-deleted)
- ❌ DON'T publish it publicly
- ❌ DON'T use it commercially
- ❌ DON'T claim copyright ownership
- ❌ DON'T distribute beyond private party guests
AI Provider Terms: Your use is also subject to the terms of OpenAI, Google, and Anthropic. We are not responsible for changes to their terms or service availability.
PHOTO PRIVACY & CONSENT
IMPORTANT: If your party includes other people, you're responsible for obtaining their consent before photographing them.
You're the "Data Controller":
- You decide what to photograph
- You obtain necessary consents
- You comply with privacy laws
- You're liable if you fail to obtain consent
We're the "Data Processor":
- We provide the tool
- We store photos temporarily
- We follow your instructions
- We're NOT liable for your consent failures
INDEMNIFICATION (YOU PROTECT US)
You agree to indemnify and hold harmless PartyPlay from any claims, damages, losses, or expenses (including attorney fees) arising from:
- Your use of the service
- Your uploaded content (photos, videos)
- Your failure to obtain consent from people you photograph
- Your violation of these Terms
- Your violation of any law
- Copyright claims related to AI content you used
- Claims by other party guests
Translation: If someone sues us because of something YOU did, you cover the costs.
DISCLAIMERS
"AS IS" Service
PARTYPLAY IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.
We DON'T guarantee:
- ✗ Service will be available during your party
- ✗ AI content will be appropriate or usable
- ✗ Content is free from copyright issues
- ✗ Photos will upload successfully
- ✗ Your party will be successful
- ✗ No technical issues will occur
You use PartyPlay at your own risk.
LIMITATION OF LIABILITY
Our Maximum Liability
PARTYPLAY'S TOTAL LIABILITY SHALL NOT EXCEED:
- $50 USD, OR
- The amount you paid in the last 12 months
Whichever is greater.
What We're NOT Liable For
WE ARE NOT LIABLE FOR:
- ✗ Indirect, consequential, or punitive damages
- ✗ Lost profits or business opportunities
- ✗ Loss of data or content
- ✗ Service interruptions
- ✗ Third-party claims
- ✗ Party failures or disappointments
Even if we were advised these damages were possible.
PAYMENT & REFUNDS
Free Tier: No payment required.
Paid Features (if applicable):
- Payment processed by third-party (Stripe, PayPal)
- NO REFUNDS except:
- Service unavailable for 24+ hours during your party
- We materially breach these Terms
- As required by law
DATA RETENTION & DELETION
We automatically delete:
- All party data after 72 hours
- Photos, videos, AI content
- Session data
You can delete:
- Your account anytime (Settings → Delete Account)
- All data immediately (email privacy@partyplay.me)
We retain (legal compliance only):
- Security logs: 30 days
- Account records: Until you delete account
- Legal correspondence: 7 years
TERMINATION
You can terminate: Delete your account anytime.
We can terminate: Immediately, without notice, if:
- You violate these Terms
- You engage in illegal activity
- You abuse the service
- Your conduct harms others
Upon termination:
- Your access ends
- Your data is deleted (per retention policy)
- No refunds
- You remain liable for obligations incurred
GOVERNING LAW & DISPUTES
Governing Law: These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles.
Jurisdiction and Venue: Any legal action must be brought in the state or federal courts located in Delaware. You consent to the exclusive jurisdiction of these courts.
Dispute Resolution:
- Informal Resolution: Contact us at legal@partyplay.me within 30 days of the issue. We'll attempt to resolve within 30 days.
- Binding Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted in English, remotely via video conference unless both parties agree to in-person arbitration in Delaware.
- Small Claims Exception: Either party may bring a claim in small claims court if it qualifies.
Class Action Waiver: You agree to resolve disputes individually, not as a class action, collective action, or representative proceeding. You waive any right to participate in class action lawsuits.
Arbitration Costs: Each party bears their own legal fees. If you cannot afford AAA filing fees, we will pay them upon demonstration of financial hardship.
CHANGES TO TERMS
We may update these Terms from time to time.
For Material Changes (affecting rights, liability, payment, or data processing):
- We'll email you 30 days in advance
- We'll display prominent banner on website
- We'll update the "Last Updated" date at the top of this document
- You may review changes before they take effect
- Continued use after effective date = acceptance
For Non-Material Changes (typos, clarifications, formatting):
- We'll update the "Last Updated" date
- No advance notice required
- Continued use = acceptance
Version History: Previous versions of these Terms are available upon request at legal@partyplay.me for transparency and your review.
Your Options: If you disagree with changes, you may stop using the service and delete your account before the effective date.
CHILDREN UNDER 18
Parental Consent Required for Users Under 18
While PartyPlay is a general-purpose platform (not directed at children), if a person under 18 wishes to use the service:
- Parent/guardian MUST create the account
- Parent/guardian MUST consent to data processing
- Parent/guardian MUST supervise use of the service
- Parent/guardian assumes all liability for the minor's use
If you are under 18, do NOT use PartyPlay without explicit parental permission and supervision.
THIRD-PARTY SERVICES & LINKS
Third-Party Dependencies: PartyPlay integrates with and depends on third-party services including:
- AI Providers (OpenAI, Google, Anthropic)
- Hosting Provider (Vultr)
- Payment Processors (if applicable: Stripe, PayPal)
- Content Delivery Networks
Third-Party Terms Apply: Your use of these integrated services is subject to their respective terms of service and privacy policies. We are not responsible for third-party services.
Third-Party Links: PartyPlay may contain links to external websites or services. We do NOT:
- Control or endorse third-party content
- Make warranties about third-party services
- Accept liability for third-party actions or content
You access third-party services at your own risk. Review their terms and privacy policies before use.
GENERAL
Entire Agreement: These Terms + Privacy Policy = complete agreement.
Severability: If one provision is invalid, the rest remain in effect.
No Waiver: Our failure to enforce a provision doesn't waive our right to enforce it later.
Assignment: We can assign these Terms; you cannot.
Language: If we provide translated versions, the English version controls in case of conflict.
Electronic Communications: You consent to receive legal notices electronically (email, website banners).
ACKNOWLEDGMENT
By using PartyPlay, you confirm:
- ✅ You've read and understood these Terms
- ✅ You're 18+ or have parent permission
- ✅ You agree to be bound by these Terms
- ✅ You understand your responsibilities
- ✅ You accept the limitations and disclaimers
If you don't agree, don't use PartyPlay.
Last Updated: October 25, 2025 • Version: 2.0 - General Purpose