Terms of use

Who we are

Tossup is made by maybe.pro, a studio in Victoria, Australia. “We” and “us” in these terms mean maybe.pro. You can reach us at hello@maybe.pro.

Treat everything as public

Tossup is made for playing with a room of people, so assume that anything you put into it can be seen by others, now or later. That includes:

• songs and sounds you upload or record
• pictures you add
• questions, answers, notes and quiz names
• questions and mini-games made with the AI features
• quizzes you paste in from your own AI assistant
• the names players type and the answers they give

We don’t list your quizzes or uploads anywhere public. But rounds play on every player’s phone and on the screen the whole room watches, and anyone with a game’s code or link can join it. Players can take screenshots or film the room, and a round’s sound or picture can be passed on while its link still works, which is up to an hour.

So please don’t upload, paste or type anything you’d mind others seeing: private photos, other people’s personal details, private chats, confidential work or school information, passwords, or anything you aren’t allowed to share. If your own AI assistant wrote a quiz from your files or chats, check it for any of those before you add it.

Your data, and keeping it safe

Hosts sign in with an email address, after a quick check that they aren’t a bot, or with a host key we give them. We use the email address to sign you in and to tell you about your account. When you ask to host, you also give your name and, if you like, a note. We keep your account, your uploads and your quizzes until you delete them or ask us to close your account. When you make a quiz with your own AI assistant, the files you give it are handled by that assistant under its own terms, not by us. When you paste in its answer or choose the file it made, we keep only the quiz itself (its name, questions, answers and notes), like any other quiz. We also keep a record of the rounds you’ve played, for a year.

Players don’t make an account: they type a name, and their browser remembers the name and a code that lets a refreshed page rejoin the same game. A player’s name, answers and score are kept in the game while it runs, and deleted when the host closes it, or once nobody has been connected to it for an hour.

We take reasonable care to protect what’s kept in Tossup. But we can’t promise that it will never be lost, damaged, exposed or seen by someone who shouldn’t see it. Tossup isn’t a backup: keep your own copies of anything you care about.

Hosting a game

• You must be 18 or older to host.
• Keep your sign-in code, link or host key to yourself. You’re responsible for what happens in your account, unless someone else got in through no fault of yours. If you think someone has, email us straight away.
• You’re responsible for your games: what’s in them, who you invite, and how your event runs, including any prizes.
• If children play in your game, make sure they have a parent’s, carer’s or teacher’s permission, and that they type only a first name or a nickname.
• Playing recorded music at an event, such as a work party or at a venue, can need a public performance licence of its own. Getting one is up to you as the host.

Players under 18

If you’re under 18, you can’t host, and you can play only in a game run by an adult you know, such as a parent, carer or teacher. Type a first name or a nickname, never your full name or anything else about you.

What you put in

You keep the rights you have in what you upload or write. You give us a worldwide, free permission to keep it, convert and crop it (for example, cutting a song into short clips, or cropping and resizing a picture), and show and play it to you and the players in your games. That permission covers what running Tossup needs, including letting the other services we use handle it. It ends when you delete it or we close your account, apart from copies that take a while to clear: a round’s link for up to an hour, a game that’s still open, copies still held by the services that deliver Tossup, and any backups.

You confirm that you have every right needed to upload what you add and to give us that permission, including for the music, sounds and pictures, and the permission of anyone who can be recognised in a picture or recording.

We don’t check what you upload before it’s used.

The rules

Don’t use Tossup to:

• upload or share anything unlawful, including child sexual abuse material and terrorist content
• infringe anyone’s copyright or other rights
• harass, threaten or bully anyone, or share hateful content, including through player names
• share intimate or violent images of real people without their consent, or other people’s private information
• pretend to be someone you aren’t
• break, overload or probe Tossup, get around its limits or a game’s fairness (for example, by peeking at answers), or use bots or scripts to do any of these

The AI features

Some features use AI to write questions, wrong answers and mini-games. AI gets things wrong: an answer can be out of date or untrue, a source can be wrong, and a mini-game can fail to work or be in poor taste. Check what it makes before you play it with others, and the same goes for a quiz your own AI assistant wrote. As far as the law allows, we don’t stand behind the accuracy of anything the AI features make.

When you use an AI feature, what it needs is sent to the outside AI service that does the writing: the theme of a mini-game, the topic of your questions (which it researches on the web), or a round’s question, answers and quiz name for its wrong answers. Filling in wrong answers for a song round also looks the song up in an online music catalogue.

Reporting something

If you see something in Tossup that’s unlawful, infringes your copyright or other rights, or breaks these terms, email hello@maybe.pro. Please include:

• what it is and where you saw it, such as a game code, a link or the host’s name
• why you think it’s unlawful, infringes your rights or breaks these terms; for copyright, the work it copies, and that you own the rights or may act for whoever does
• your name and how to reach you, and that your report is accurate and made in good faith

A person reads every report, and we act promptly when we learn of unlawful or infringing content. We may remove content, close games, and suspend or close accounts that break these terms or the law. When we become aware of child sexual abuse material, or of a threat to someone’s life or safety, we remove it at once, close the account and report it to the authorities. A host who keeps uploading things they don’t have the rights to will lose their account.

Where it’s reasonable and the law allows, we’ll tell whoever reported it what we did, and tell the host what we removed and why. If you think we got it wrong, reply to hello@maybe.pro.

Plans

Tossup has a Free plan, and PRO and VIP plans with higher limits. Each plan’s limits are shown in the host console. VIP is by invitation only, and PRO isn’t on sale yet. Before it is, we’ll add to these terms how buying, cancelling and refunds work.

If your plan changes to one with less room than you’re using, the songs, sounds and pictures over the new limit are removed after 30 days: first the ones no quiz uses, then, if you’re still over, the ones your quizzes use, those played least recently first. We warn you in the console, and by email if your account has one, before that happens. Your quizzes and account stay.

Changes to Tossup

As far as the law allows, Tossup is provided “as is” and “as available”. It can be slow or unavailable, and a game can drop.

Tossup is still growing. We may add, change or stop features, or change plan limits, to improve the game, to keep it secure, to meet the law, or because a feature costs too much to keep running. When a change takes away something your plan includes, we’ll tell hosts in the console, and by email if your account has one, before it happens.

Leaving, and closing accounts

You can stop using Tossup at any time, and you can delete your own songs, sounds, pictures, quizzes and mini-games in the host console. To close your host account and have everything in it deleted, email hello@maybe.pro from your account’s email address, or tell us your host name if you sign in with a host key.

We may suspend or close an account, or remove content, if you break these terms, if the law requires it, or to protect players, other hosts or Tossup itself. Where it’s reasonable and the law allows, we’ll tell you why, as “Reporting something” says. If we ever stop running Tossup, we’ll give hosts notice where we can, so they can save what they need.

Our responsibility

As far as the law allows:

• Tossup comes without any promise, stated or implied, that it will be available, accurate, secure, free of errors or fit for your purpose.
• We aren’t responsible for what hosts, players or the AI features put into Tossup, or for what anyone does with it.
• We aren’t liable for any loss or damage from using Tossup or being unable to use it, including lost or exposed data, lost content, or indirect or consequential loss.
• Where the Australian Consumer Law lets us limit what we owe for failing a consumer guarantee, such as for services not usually bought for personal or household use, we’ll either supply the service again or pay what it costs to have it supplied again, as we choose.
• Otherwise, our total liability to you for all claims is limited to the greater of what you’ve paid us for Tossup in the 12 months before your claim and AU$100.

Your rights under the law

Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law, or any other law, that can’t lawfully be excluded, restricted or changed. Where the law gives you a guarantee, these terms don’t take it away. If you live outside Australia, the consumer laws where you live may give you rights these terms can’t change.

Changes to these terms

We may update these terms as Tossup changes, or for legal, safety or security reasons. The date at the top says when they last changed. If a change takes away something you get or tightens the rules, we’ll give hosts reasonable notice in the console, and by email if your account has one, before it applies. If you keep using Tossup after it applies, the new terms apply to you. If you don’t agree with them, stop using Tossup, and email us if you’d like your account and uploads deleted.

The fine print

These terms are governed by the law of Victoria, Australia, and the courts of Victoria can hear disputes about them. That doesn’t take away any right your own local law gives you to use the courts where you live. If part of these terms can’t be enforced, the rest still applies. If we don’t enforce a term straight away, we can still enforce it later.

Questions about these terms: hello@maybe.pro.