Terms of Use

1. Acceptance of Terms

Welcome to Lexy.fm ("Lexy," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website at lexy.fm, our mobile applications, and all related services, features, and content (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Lexy is a trivia marketplace platform that enables users to: create, customize, and host call-in trivia games; discover and play trivia games created by others; access a library of over 50,000 trivia questions across 70+ topics; generate custom trivia content using AI-powered tools; embed trivia widgets on external websites; and participate in multilingual trivia experiences (English, Arabic, Turkish, Spanish).

3. Account Registration

To access certain features of the Service, you must create an account. When registering, you agree to: provide accurate, current, and complete information; maintain and promptly update your account information; keep your password confidential and secure; accept responsibility for all activities under your account; and notify us immediately of any unauthorized use of your account.

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 permission to use the Service.

4. Communications Consent

SMS/Text Message Communications

By providing your phone number, you consent to receive text messages (SMS) from Lexy, including: account verification and authentication codes; game invitations and notifications; reminders about scheduled trivia games; updates about your created content and games; service announcements and important updates; and promotional messages about new features (you may opt out of promotional messages).

Message frequency varies. Message and data rates may apply. You can opt out of promotional text messages at any time by replying STOP to any message or adjusting your notification preferences in your account settings. However, you may not opt out of transactional messages essential to the Service (such as verification codes) while maintaining an active account.

Phone Call Communications

The core functionality of Lexy involves call-in trivia games. By using the Service, you consent to: receive automated phone calls when you dial into a trivia game; receive calls from our interactive voice response (IVR) system during gameplay; have your voice responses recorded during trivia games for scoring and quality purposes; receive callback calls if you are disconnected during a game session; and receive calls related to games you have created or are hosting.

You understand that call-in trivia games are an essential part of the Service and that standard voice and data charges from your carrier may apply. Carriers are not liable for delayed or undelivered messages. You agree that we are not responsible for any delays, failures, or interruptions in the delivery of any messages or calls sent through the Service.

5. Content Ownership and License

User-Created Content

When you create, upload, or submit any content through the Service, including but not limited to trivia questions, answers, game configurations, quiz sets, images, audio, text, and any other materials ("User Content"), you: (a) Grant Ownership - assign and transfer to Lexy all right, title, and interest in and to such User Content, including all intellectual property rights therein; (b) Grant License - to the extent any rights cannot be assigned, you grant Lexy an exclusive, perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any form, media, or technology; and (c) Waive Moral Rights - waive any moral rights you may have in the User Content.

Lexy's Use of Content

Lexy may use User Content for any purpose, including: operating, improving, and promoting the Service; creating and distributing trivia content to all users; training AI and machine learning models; licensing or selling content to third parties; and any other commercial or non-commercial purpose.

Representations

You represent and warrant that: you have the right to create and submit the User Content; the User Content does not infringe any third-party rights; the User Content is accurate to the best of your knowledge; and you will not submit content that is unlawful, harmful, or objectionable.

Lexy Platform Content

All content provided by Lexy, including our trivia question library, platform design, software, graphics, logos, and documentation, is owned by Lexy and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from Lexy's proprietary content without our express written permission.

6. Acceptable Use

You agree not to: use the Service for any unlawful purpose; submit false, misleading, or inaccurate information; impersonate any person or entity; harass, abuse, or harm other users; submit content that is defamatory, obscene, or offensive; attempt to gain unauthorized access to the Service or other accounts; interfere with or disrupt the Service or servers; use automated means to access the Service without permission; collect or harvest user data without consent; use the Service to send spam or unsolicited communications; or violate any applicable laws or regulations.

7. Fees and Payment

Some features of the Service may require payment. If you purchase any paid features: you agree to pay all fees and applicable taxes; fees are non-refundable unless otherwise stated; we may change fees upon reasonable notice; and your subscription may auto-renew unless cancelled.

8. Termination

We may suspend or terminate your account at any time, with or without cause, and with or without notice. Upon termination: your right to use the Service immediately ceases; we may delete your account and User Content; Lexy retains ownership of all User Content you created; and provisions that should survive termination will remain in effect.

You may delete your account at any time through your account settings or by contacting us.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, LEXY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that: the Service will be uninterrupted or error-free; trivia content is completely accurate or current; the Service will meet your specific requirements; or any defects will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEXY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Lexy and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from: your use of the Service; your User Content; your violation of these Terms; or your violation of any third-party rights.

12. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

You agree to waive your right to participate in class action lawsuits or class-wide arbitration against Lexy.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Effective Date." Your continued use of the Service after changes constitutes acceptance of the modified Terms.

14. General Provisions

Governing Law: These Terms are governed by the laws of the State of Delaware.
Entire Agreement: These Terms constitute the entire agreement between you and Lexy.
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
No Waiver: Our failure to enforce any right does not waive that right.
Assignment: You may not assign your rights under these Terms without our consent.

Contact Us

If you have any questions regarding these Terms, please contact us via email at hello@lexy.fm.