Terms of Service

These terms are an agreement between you and Vowch LLC, a Pennsylvania limited liability company ("Vowch," "we," "us"). They cover the Vowch iPhone app and playvowch.com (together, "Vowch"). By creating an account or using Vowch, you agree to these terms and to our Privacy Policy. If you don't agree, don't use Vowch.

Section 16 says disputes go to individual arbitration, not court, and you give up class actions. Please read it.

To use Vowch you must:

• be at least 18 years old;
• live in the United States;
• not be barred from using Vowch by law, including U.S. sanctions lists or embargoes;
• have only one account, and not have had an account removed by us before.

Vowch is a social game for friends. Groups make markets (questions about what will happen, like "Who wins game night?") and brackets, then make predictions using Vowch Points ("VP").

• VP is a game score, not money. It has no cash value. It can't be bought, sold, cashed out, or exchanged for money, prizes or anything of value, in or outside Vowch.
• Vowch has no prizes. Nobody wins money or anything of value from a market or bracket.
• Vowch is not gambling, a financial product or an exchange. Markets are games of prediction among friends, scored in points. They are not financial contracts or investments.

Standings screens show who is ahead in points. They are a scoreboard. Vowch never handles, holds, prices or moves money between people.

• You may not use Vowch to organize, record or settle bets or wagers for money or anything of value. We may close groups or accounts that do.
• Anything you agree with other people outside the app is between you and them. Vowch is not part of it and isn't responsible for it.
• Some markets are about real-life activities, like game nights or parties. What you choose to do offline is your decision and your responsibility. Never do anything unsafe or illegal because of a market.
• Vowch does not encourage drinking. You must be 21 or older to be in, or to create, a market or bracket that involves alcohol, and you must follow the law where you are. Drink responsibly, look out for the people you're with, and get help (call 911 in the US) if someone may be in danger. No market, prediction or score is a reason to drink more.
• You take part in any real-life activity at your own risk. To the extent the law allows, Vowch is not responsible for injury, illness or loss that comes from what you or others do offline, including drinking.

Give accurate information and keep your sign-in secure. You're responsible for what happens on your account. Tell us at support@playvowch.com if you think someone else is using it.

You own what you post: markets, brackets, house rules, chat messages and other content ("your content"). You give Vowch a worldwide, royalty-free license to host, store, display and process your content to run and improve Vowch, including showing it to the people in your groups and running safety checks on it. This license ends when your content is deleted, except for copies kept as our Privacy Policy describes.

You're responsible for your content. Only name real people in a market or bracket if they are in your group and you're comfortable they'd see it. People named in a market can decline to take part.

Don't use Vowch to:

• break any law, or organize betting for money or anything of value;
• make markets about death, self-harm, suicide, eating disorders, medical conditions, crimes, or anything that rewards someone for harming themselves or others;
• post sexual content, or content that sexualizes a real person, or anything involving minors;
• harass, bully, threaten, humiliate or target someone, or post hate speech;
• share someone's private information, or impersonate anyone;
• dare or pressure anyone into doing something dangerous;
• cheat: use more than one account, bots, scripts or bugs, or fix an outcome you control to win;
• spam, scrape, hack, overload or reverse-engineer Vowch, or get around its safety features or limits.

Vowch checks new markets and brackets, lets anyone report content, and lets hosts pause a market. You can block other users. We may review reported content and may remove content, void or pause markets, or suspend or close accounts that break these terms or put people at risk. We don't have to monitor everything and aren't responsible for what users post, but we act on reports.

To report something, use the report button in the app or email support@playvowch.com.

Vowch may offer gems, Vowchers, packs, avatar items and a premium season track ("virtual items"). Some can be earned, and some can be bought with real money.

• You get a license, not property. Virtual items are a limited, personal, non-transferable license to use them inside Vowch. They have no cash value and can't be sold, traded, gifted to other users, or cashed out.
• Virtual items never buy VP. Nothing you pay for turns into Vowch Points or improves your predictions.
• Packs are random. Each pack shows the drop rates for every item before you open it. Items marked as guaranteed are guaranteed.
• Gems and Vowchers don't expire.
• Prices are shown before you buy. Purchases in the iPhone app are processed by Apple; purchases on the website are processed by Stripe.
• Refunds. All purchases are final, except where the law requires otherwise. For App Store purchases, refunds are handled by Apple under its policies (reportaproblem.apple.com). For website purchases, email support@playvowch.com. If a purchase is refunded or charged back, we may remove the items it paid for.
• Changes. We may change, rebalance or retire virtual items. If we shut Vowch down, we'll give at least 30 days' notice in the app.

If you allow AI checks, some details of markets and brackets you create are sent to AI providers, as our Privacy Policy explains. AI-written survey questions and safety checks can be wrong. Review what you post; you're still responsible for it.

Vowch's app, website, design, avatar art, names and logos belong to Vowch LLC or its licensors. You may use them only to play Vowch. If you send us feedback or ideas, we may use them without owing you anything.

You can delete your account anytime in Profile → Delete account. We may suspend or close your account if you break these terms, if the law requires it, or to protect other people or Vowch. If your account is closed for breaking these terms, you lose your virtual items without a refund, except where the law requires one. Sections 3, 4, 6 and 11 to 19 continue after your account ends.

Vowch is provided "as is" and "as available." To the fullest extent the law allows, we make no warranties, express or implied, including that Vowch will be uninterrupted, error-free or fit for a particular purpose. Results, standings and AI-written content may contain mistakes.

To the fullest extent the law allows, Vowch LLC is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or data. Our total liability for any claim about Vowch is limited to the greater of (a) what you paid us in the 12 months before the claim, or (b) $50. Some states don't allow these limits, so they may not all apply to you.

If someone makes a claim against Vowch because of your content, your conduct, anything you arranged with others outside Vowch, or your breaking these terms, you agree to cover Vowch's reasonable losses and costs, including legal fees.

Talk to us first. Email support@playvowch.com with a description of the problem. We'll both try in good faith to resolve it within 60 days.

Arbitration. If we can't, any dispute about Vowch or these terms will be settled by binding individual arbitration run by the American Arbitration Association under its Consumer Arbitration Rules, not in court. Either of us may bring a qualifying claim in small claims court instead. You can opt out of arbitration by emailing support@playvowch.com within 30 days of first accepting these terms.

No class actions. You and Vowch may bring claims only individually, not as a plaintiff or class member in a class, group or representative action.

Governing law. Pennsylvania law governs these terms, apart from its conflict-of-laws rules. Any court case allowed under these terms will be in the state or federal courts of Lancaster County, Pennsylvania.

These extra terms apply to the iPhone app:

1. These terms are between you and Vowch LLC only, not Apple. Vowch, not Apple, is solely responsible for the app and its content.
2. Your license to the app is non-transferable and limited to Apple-branded devices you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions (including Family Sharing where it applies).
3. Vowch, not Apple, provides any maintenance and support for the app. Apple has no obligation to provide any.
4. If the app fails to meet any warranty that applies, you may notify Apple, and Apple will refund the app's purchase price (if any). To the extent the law allows, Apple has no other warranty obligation for the app.
5. Vowch, not Apple, is responsible for any claims about the app, including product liability claims, claims that it fails to meet a legal or regulatory requirement, and consumer protection claims.
6. If anyone claims the app or your use of it infringes their intellectual property, Vowch, not Apple, is responsible for investigating, defending, settling and discharging that claim.
7. You confirm you are not in a country under a U.S. Government embargo or designated as "terrorist supporting," and you are not on any U.S. Government list of prohibited or restricted parties.
8. Questions, complaints or claims about the app go to Vowch LLC at the contact details in Section 20.
9. You must follow any third-party terms that apply when you use the app, such as your wireless carrier's.
10. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

We may update these terms. If a change is important, we'll tell you in the app or by email before it takes effect. If you keep using Vowch after that, you accept the new terms. If you don't agree, delete your account.

These terms and the Privacy Policy are the whole agreement between you and Vowch. If part of them can't be enforced, the rest still applies. If we don't enforce something right away, we haven't given up the right to. You can't transfer these terms to anyone else; we may transfer them as part of a merger or sale.

Vowch LLC, c/o Cole Conneen, F&M Department P.O. Box 3003, Lancaster, PA 17604-3003
Email: support@playvowch.com
Phone: (201) 301-4445