Terms of Service

1. Definitions

In these Terms of Service (the “Terms”), the following terms shall have the meanings set out below.

“Service” means the Surmiso web application and any related websites, features, content, and services provided by the Provider.

“User Content” means any content submitted, uploaded, posted, transmitted, or otherwise made available by you through the Service (including text entries, messages, prompts, images, and other materials, as applicable).

2. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Service.

3. Description of the Service; Changes

Surmiso is a collaborative word/party game platform.

The Service is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted availability, error-free operation, or that the Service will be free of harmful components.

We may modify, suspend, or discontinue the Service (in whole or in part) at any time. Where reasonably practicable, we will provide advance notice of material changes.

4. Eligibility; Children

The Service is intended for users aged 15 and above.

If you are under 15, you may use the Service only with the involvement and consent of a parent or legal guardian, where required by law.

5. Accounts and Authentication

You may be able to sign in using third-party authentication providers (e.g., Google, Facebook/Meta) or by passwordless one-time password (“OTP”) delivered to your email address.

You are responsible for maintaining the confidentiality of your account and for all activity occurring under your account.

You must provide accurate information and promptly update it as necessary.

We may suspend or terminate accounts in accordance with these Terms.

6. Acceptable Use

You agree not to:

• use the Service in violation of any applicable law or regulation;
• post or transmit illegal content or content that is harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
• infringe intellectual property rights or other rights of any person;
• attempt to gain unauthorized access to the Service, accounts, or systems;
• introduce malware, viruses, or code intended to disrupt or impair the Service;
• engage in scraping, automated access, or excessive use that interferes with normal operation; or
• use the Service to send unsolicited marketing communications, spam, or scams.

7. User Content; License; Responsibility

You retain ownership of your User Content as between you and the Provider.

By submitting User Content through the Service, you grant the Provider a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify (for formatting/technical purposes), display, perform, distribute, and otherwise make your User Content available solely as necessary to operate, provide, maintain, and improve the Service.

You represent and warrant that you have all rights necessary to submit the User Content and to grant the license above, and that your User Content and its submission through the Service do not violate law or the rights of any third party.

We are not obligated to monitor User Content, but we may do so to enforce these Terms or to comply with law.

8. Content Moderation; Digital Services Act (DSA) Transparency

We may restrict visibility of, remove, disable access to, or otherwise moderate User Content, and may suspend or terminate accounts, where we reasonably believe that the content is illegal or violates these Terms.

8.1 Restrictions and moderation

Moderation decisions may include removal of content, limitation of visibility, disabling access, or account actions. Decisions are taken to enforce these Terms and comply with applicable law.

8.2 Tools and process

Moderation may be carried out through a combination of user reports, human review, and (where used) automated detection measures designed to identify potentially illegal or Terms-violating content. Any automated measures are used as a support tool and may be followed by human review.

8.3 Notice-and-action (reporting illegal content)

You may notify us of alleged illegal content by email at help@surmiso.com with the subject line “DSA Notice – Illegal Content”. To help us process your notice, include:

• a clear explanation of why you believe the content is illegal;
• sufficient information to locate the content (e.g., URL, game room name, screenshot, timestamps);
• your name and email address (unless applicable law permits anonymity in the specific circumstances); and
• a statement confirming your good-faith belief that the information and allegations in the notice are accurate and complete.

8.4 Statement of reasons

Where we impose restrictions such as removing content or suspending an account due to illegality or violation of these Terms, we will provide the affected user with a clear statement of reasons, unless not required or where we are legally restricted from doing so.

8.5 Complaints/appeals

If you believe a moderation decision affecting you was incorrect, you may request review by contacting help@surmiso.com with the subject line “Moderation Appeal” and describing the decision and your reasons. Where applicable law requires, we will handle appeals in a timely and diligent manner.

9. Intellectual Property

The Service, including software, design, graphics, logos, and original content (excluding User Content), is owned by the Provider and is protected by intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service unless permitted by law or with our prior written consent.

10. Third-Party Services

The Service may integrate third-party services (including authentication providers and advertising services). Your use of such third-party services may be governed by their terms and policies.

We do not control third-party services and are not responsible for their availability, security, or practices.

11. Communications

11.1 Service communications

We may send you non-marketing communications necessary for the Service, such as login messages (OTP), security notices, and important operational updates.

11.2 Marketing communications (newsletters)

We will send you newsletters or other direct marketing communications only if you have given prior consent where required by law. You may withdraw consent at any time using the unsubscribe mechanism included in each message or by contacting us.

12. Termination

You may stop using the Service at any time. You may request deletion of your account as described in our Privacy Policy.

We may suspend or terminate your access immediately if we reasonably believe you violated these Terms or if we must do so to comply with law, prevent harm, or protect the Service and other users.

Upon termination, your right to use the Service ceases immediately. Certain provisions of these Terms will survive termination by their nature (including provisions relating to User Content licenses, intellectual property, disclaimers, limitation of liability, and governing law).

13. Disclaimers

To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will meet your requirements, be uninterrupted, timely, secure, or error-free.

14. Limitation of Liability

To the maximum extent permitted by law, the Provider will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or loss of goodwill, arising from or related to your use of (or inability to use) the Service.

Nothing in these Terms excludes or limits liability to the extent it cannot be excluded or limited under applicable law (including mandatory consumer protection rules).

15. Governing Law; Disputes

These Terms are governed by the laws of the Czech Republic.

If you are a consumer habitually resident in the EU/EEA, you may benefit from mandatory consumer protection laws of your country of residence, and nothing in these Terms limits such rights.

Any disputes may be brought before the competent courts as determined by applicable law.

16. Changes to These Terms

We may update these Terms from time to time. The “Last Updated” date indicates when changes were made.

By continuing to use the Service after changes take effect, you agree to the revised Terms.

17. Contact; Points of Contact (DSA)

If you have questions about these Terms, please contact us.