Terms of Service

Effective date: April 24, 2026 · Jurisdiction: Ontario, Canada

IMPORTANT — PLEASE READ CAREFULLY. These Terms of Service ("Terms") constitute a legally binding agreement between you and OhTrivia ("we," "us," or "our"). By creating an account or using the OhTrivia platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Acceptable Use Policy. If you do not agree, do not use the platform.

1. About OhTrivia

OhTrivia is a web-based trivia and quiz platform that allows registered users ("Hosts") to create, manage, and run live trivia games, and allows participants ("Players") to join those games. OhTrivia is operated by a business registered in the Province of Ontario, Canada.

2. Acceptance of Terms

By accessing or using OhTrivia, you agree to these Terms. If you are using OhTrivia on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms. These Terms govern all use of OhTrivia including any content, features, and services offered on or through the platform.

These Terms are entered into in accordance with the Electronic Commerce Act, 2000 (Ontario), which recognises electronic agreements as valid and legally enforceable.

3. Eligibility and Age Requirements

You must be at least 13 years of age to use OhTrivia. If you are between the ages of 13 and 16, you may only use OhTrivia with the verifiable consent of a parent or legal guardian, who must agree to these Terms on your behalf.

By creating an account, you represent and warrant that: (a) you are at least 13 years old; (b) if you are between 13 and 16, your parent or guardian has consented to these Terms; (c) you have the legal capacity to enter into a binding contract; and (d) all registration information you provide is accurate and truthful.

We reserve the right to suspend or terminate accounts where we have reason to believe the age eligibility requirements have not been met, without notice or liability.

4. Account Registration and Security

To access certain features of OhTrivia, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information;
• Verify your email address when requested;
• Maintain the security and confidentiality of your account credentials;
• Notify us immediately of any unauthorised use of your account at legal@ohtrivia.com;
• Accept responsibility for all activities that occur under your account.

One person may not maintain more than one free account. Creating multiple accounts to circumvent usage limits or restrictions constitutes a material breach of these Terms.

5. Subscriptions, Billing, and Cancellation

OhTrivia offers both free ("Freemium") and paid subscription tiers. Paid subscriptions are governed by the following terms, consistent with the Consumer Protection Act, 2002 (Ontario):

• Billing: Subscription fees are charged in advance on a monthly or annual basis, as selected at time of purchase. All prices are in Canadian dollars (CAD) unless otherwise stated. Applicable taxes (including HST/GST) will be added where required.
• Cancellation: You may cancel your subscription at any time through your account settings at /admin/billing. Cancellation takes effect at the end of the current paid billing period. We do not provide refunds for partial billing periods.
• Changes to Pricing: We will provide at least 30 days' written notice before increasing subscription fees. Continued use after the notice period constitutes acceptance of the new pricing.
• No Negative Option Billing: We will never charge you for a service you have not expressly agreed to subscribe to.
• Free Trials: Where offered, trial periods are limited to one per organisation. Creating additional accounts to obtain additional trials is prohibited.

6. Acceptable Use and Prohibited Conduct

Your use of OhTrivia is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. In summary, you agree not to use OhTrivia to:

• Create, distribute, transmit, or store any content that is illegal under Canadian law or the laws of Ontario, including but not limited to content that violates the Criminal Code of Canada;
• Create, distribute, or store child sexual abuse material (CSAM) or any content that sexually exploits, endangers, or harms minors. We are obligated by Canadian law to report such material to the appropriate authorities, including cybertip.ca (operated by the Canadian Centre for Child Protection);
• Create or distribute terrorist content, content that promotes, glorifies, or facilitates terrorism or violent extremism, in violation of sections 83.01–83.33 of the Criminal Code of Canada;
• Engage in harassment, bullying, threats, hate speech, or discrimination based on race, national or ethnic origin, colour, religion, sex, age, disability, sexual orientation, gender identity, or any other protected ground under the Canadian Human Rights Act or the Ontario Human Rights Code;
• Violate any applicable local, provincial, federal, or international law or regulation;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Upload or transmit viruses, malware, or any other harmful or disruptive code;
• Attempt to gain unauthorised access to any portion of OhTrivia or its related systems;
• Use OhTrivia to send unsolicited commercial electronic messages in violation of the Canada Anti-Spam Legislation (CASL, S.C. 2010, c. 23);
• Collect or harvest any personal information of other users without their express consent;
• Use OhTrivia for any commercial purpose not expressly permitted under your subscription tier.

7. User-Generated Content

OhTrivia allows users to create trivia questions, game content, and other materials ("User Content"). You retain ownership of your User Content. However, by submitting User Content to OhTrivia, you grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to use, copy, modify, distribute, display, and process your User Content solely for the purposes of operating and improving the platform.

You represent and warrant that: (a) you own or have the necessary rights to your User Content; (b) your User Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party; and (c) your User Content complies with these Terms and our Acceptable Use Policy.

We do not endorse, guarantee the accuracy of, or assume liability for any User Content. We reserve the right — but not the obligation — to review, moderate, remove, or refuse any User Content at our sole discretion, without notice, for any reason including a violation of these Terms.

8. Intellectual Property

OhTrivia and its original content, features, and functionality (excluding User Content) are and will remain the exclusive property of OhTrivia. The OhTrivia name, logo, and all related marks are trademarks of OhTrivia. Nothing in these Terms grants you any right to use any trademark, trade name, logo, or other intellectual property of OhTrivia without our prior written consent.

If you believe that content on OhTrivia infringes your intellectual property rights, please contact us at legal@ohtrivia.com with a detailed description of the alleged infringement, your contact information, and a statement of your rights in the material.

9. Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which complies with the Personal Information Protection and Electronic Documents Act (PIPEDA, S.C. 2000, c. 5) and, where applicable, the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679) for users located in the European Economic Area. Our Privacy Policy is incorporated into these Terms by reference.

10. Commercial Electronic Messages and CASL Compliance

OhTrivia complies with the Canada Anti-Spam Legislation (CASL). We will only send you promotional or marketing electronic messages with your express consent. Transactional messages (such as account verification, password resets, billing confirmations, and security notifications) do not require your separate consent under CASL and will be sent as necessary to administer your account.

You may withdraw your consent to receive promotional messages at any time by using the unsubscribe link in any marketing email, or by updating your notification preferences in your account settings. Opt-out requests will be processed within 10 business days, as required by CASL.

11. Termination and Suspension

We reserve the right to suspend or terminate your account and access to OhTrivia, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or the Acceptable Use Policy;
• Engagement in illegal activity;
• Uploading or distributing prohibited content, including CSAM;
• Repeated intellectual property infringement;
• Non-payment of applicable subscription fees;
• Any conduct that we determine, in our sole discretion, is harmful to other users, third parties, or OhTrivia.

Upon termination, your right to use OhTrivia immediately ceases. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property ownership, disclaimers, indemnification, and limitations of liability.

If you wish to close your account, you may do so from your account settings. We will retain your data in accordance with our Privacy Policy and applicable law.

12. Disclaimer of Warranties

OhTrivia is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that: (a) the platform will be uninterrupted or error-free; (b) defects will be corrected; (c) the platform or any server used to make it available is free of viruses or other harmful components; or (d) the platform will meet your specific requirements.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

13. Limitation of Liability

To the maximum extent permitted by applicable law, OhTrivia and its directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with:

• Your access to or use of (or inability to use) OhTrivia;
• Any conduct or content of any third party on the platform;
• Any User Content obtained from OhTrivia;
• Unauthorised access, use, or alteration of your account or content.

In no event shall our total liability to you for all claims arising from or related to these Terms or your use of OhTrivia exceed the greater of: (a) the amount you paid us in the twelve (12) months preceding the claim; or (b) one hundred Canadian dollars (CAD $100.00).

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited by applicable Canadian or Ontario law.

14. Indemnification

You agree to defend, indemnify, and hold harmless OhTrivia and its directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of OhTrivia in violation of applicable law; or (d) your infringement of any third-party rights.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising from or relating to these Terms or your use of OhTrivia that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of the Province of Ontario, Canada. You and OhTrivia each consent to personal jurisdiction in such courts.

Before initiating any legal proceeding, you agree to contact us at legal@ohtrivia.com and make a reasonable attempt to resolve the dispute informally within 30 days.

If you are a consumer resident in Ontario, nothing in these Terms affects your rights under the Consumer Protection Act, 2002 (Ontario), including any mandatory statutory rights that cannot be waived by contract.

16. Changes to These Terms

We may modify these Terms at any time. When we make material changes, we will notify you by email (to the address associated with your account) and/or by posting a prominent notice on OhTrivia at least 14 days before the changes take effect. Your continued use of OhTrivia after the effective date of any modification constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using OhTrivia and may close your account before the changes take effect.

17. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and OhTrivia regarding the use of the platform and supersede all prior agreements.
• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or of our right to enforce it in the future.
• Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Language: These Terms are provided in English. Where legally required, a French version will be made available.

18. Contact Us

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

For privacy complaints that cannot be resolved with us directly, you may contact the Office of the Privacy Commissioner of Canada: www.priv.gc.ca, 1-800-282-1376.

Last updated: April 24, 2026. Document version: 1.0. These Terms should be reviewed by qualified legal counsel before reliance.