Terms of use

1. Introduction

These terms of use (“terms”) are the agreement between you and Cherry Pub LLP, 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ, company number OC431055 (“we”, “us”), for the OUCH! Hot Potato Party Games app for Android and this website (together, “OUCH!”). By installing or using OUCH!, you accept these terms. Our privacy policy explains how we handle your data.

2. Who can play

2.1 Age. OUCH! is for people aged 13 and over. If you are under 18, or under the age of majority where you live, you may use OUCH! only with the permission of a parent or guardian, who also needs to agree to any purchase.

2.2 Private use. OUCH! is offered to consumers for private, non-commercial use.

3. The game

3.1 What it is. OUCH! is a party game for a group that shares one phone. Each round has a secret timer: players answer a card or do a dare and pass the phone, and whoever holds it when the potato blows takes the hit.

3.2 No account. You don’t sign up. The app gives your install a random ID, the Install ID, which it uses to know whether you have Premium and to find your data if you ask us to delete it.

3.3 Internet. The built-in packs play offline. AI packs, buying, restoring Premium and deleting your data need an internet connection.

3.4 Changes and availability. We add, change and retire cards, packs and features to keep OUCH! fresh. We try to keep it running, but we don’t promise it is always available or free of errors.

4. Free play and Premium

4.1 Free play. Every mode can be played for free with its free pack, one mode at a time. You don’t need to pay to play.

4.2 Premium. Premium gives you every pack, two or three modes in one game and Custom AI packs, with a daily allowance of AI cards that the app shows. Free players may get a one-time taste of AI packs, as the app shows.

4.3 Subscription, price and period. Premium is an auto-renewing weekly subscription sold through Google Play. The price, the billing period and any free trial are shown in the app and on Google Play’s payment screen before you confirm. Prices can vary by country and include the taxes Google Play applies.

4.4 Buying and renewal. Google Play takes payment from the payment method in your Google account when you confirm the purchase, and again at the start of each new period. The subscription renews automatically, for the same period and at the price shown, until you cancel it. You can correct input errors until you confirm the purchase on Google Play’s payment screen.

4.5 Free trials. If an offer includes a free trial, its length is shown before you start, and Google decides who is eligible. If you don’t cancel before the trial ends, the subscription starts and you are charged.

4.6 Cancelling. You can cancel at any time in Google Play: Profile → Payments & subscriptions → Subscriptions, or at play.google.com/store/account/subscriptions. Premium stays on until the end of the period you’ve paid for, and then it ends. Uninstalling the app or deleting your data does not cancel your subscription.

4.7 Restoring Premium. On a new phone or after reinstalling, tap Restore in the app while signed in to the same Google account.

4.8 Price changes. We may change the price for future periods. Google Play tells you about a change as its rules require and, where they require it, asks for your agreement before a higher price applies.

4.9 Refunds. Google Play processes payments, so refunds follow Google Play’s refund policies: you can request one from your Google Play order history. If Google Play can’t help, email us with the order number and we will look at it.

4.10 Fair use. To keep AI packs fast and affordable, the daily allowance of AI cards resets every day, and at very busy times the app may ask you to try again later.

5. Right of withdrawal (consumers in the EU and UK)

5.1 If you are a consumer in the EU or the UK, you have the right to withdraw from a paid contract within 14 days of concluding it, without giving a reason.

5.2 Premium is a digital service that starts at once. When you buy it, you ask us to begin straight away, and you acknowledge that you lose your right of withdrawal once we have begun, to the extent the law allows. Where a right of withdrawal still applies, you pay an amount proportionate to what was provided before you withdrew.

5.3 Premium is sold and billed by Google Play. To use a withdrawal right, ask Google Play for a refund (section 4.9), or write to us at app@greentomatomedia.com naming the purchase.

6. Playing safely

OUCH! is meant to make a room laugh, not to get anyone hurt. When you play:

• Every dare is optional. Skip any dare that could hurt someone, damage something or make someone uncomfortable: tap FAIL to skip it and get another one.
• Never do a dare in a way that puts anyone at risk: no climbing, no running near stairs, roads or water, nothing to eat, drink or put in your mouth, and no touching anyone who hasn’t said yes.
• Pass the phone, don’t throw it, and keep a clear space around the players.
• Don’t play while driving or anywhere you need to pay attention.
• Tease the group, never one person. Respect each player’s limits, and pick the chaos level that suits everyone in the room.

You are responsible for what you choose to do during a game. Section 10 explains our own liability.

7. Your cards and AI packs

7.1 Your own cards. The cards you write and the AI cards you keep are saved in your custom packs on your phone. We don’t claim ownership of them.

7.2 What you may not ask for or write. Don’t use OUCH! to make or share content that is hateful, harassing, sexual, violent, dangerous, illegal, or that breaks anyone’s rights. Use people’s names only if they’re in on the joke, and never include private details such as addresses or phone numbers.

7.3 AI cards. AI cards are made automatically by OpenAI’s models from your idea and checked by automatic filters. They can still be wrong, odd, repetitive or, rarely, offensive. Read them before you play them, skip the ones that don’t suit your group, and report a bad card with its flag. AI cards may not be protected by copyright, and similar cards may be made for other players.

7.4 Reports. We review reported cards and use them to make AI packs safer and better.

7.5 What we may do. We and our AI provider’s safety systems may refuse an idea. If someone misuses AI packs or breaks these terms, we may, depending on how serious it is, refuse requests or suspend AI packs for that install.

7.6 Licence for processing. You give us a limited, non-exclusive, royalty-free licence to process your ideas and reported cards only to provide OUCH! to you, as our privacy policy describes.

8. Our content and your licence

OUCH!, including its software, cards, packs, the potato and its animations, sounds, texts and design, is protected by copyright and other rights held by us or our licensors. We give you a personal, non-exclusive, non-transferable, revocable licence to install OUCH! on Android devices you own or control and to use it for private, non-commercial play, under these terms and Google Play’s terms. You may not copy, sell, publish or redistribute our content outside the app, or copy, scrape, reverse-engineer or disrupt OUCH! or its servers, except as the law expressly allows. Paid features end when Premium ends.

9. Defects and AI cards

9.1 The statutory rules on defects apply. Your consumer rights are not affected.

9.2 OUCH! is a game for fun. Its cards, including AI cards, are not advice of any kind.

10. Liability

10.1 Free services. For services provided free of charge, we are liable, whatever the legal basis, only for damage caused by wilful misconduct or gross negligence, or by the absence of a guaranteed feature. Our liability for wilful misconduct is unlimited. For gross negligence or the absence of a guaranteed feature, it is limited to reasonable, foreseeable damage. Otherwise our liability is excluded.

10.2 Paid services. For paid services we are, in principle, liable without limit for damage caused by wilful misconduct, gross negligence or the absence of a guaranteed feature. If we breach a material contractual obligation through slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is one whose fulfilment is essential to the contract and on which you can normally rely. Otherwise our liability is excluded.

10.3 Always unaffected. Our liability for injury to life, body or health caused by our fault, and liability under mandatory product liability law (such as the German Product Liability Act), are not limited by this section.

10.4 Our staff. Where our liability is excluded or limited, this also applies to our employees and agents.

11. Ending the agreement

11.1 Term. This agreement runs for an indefinite period from when you first use OUCH!.

11.2 Ending it yourself. You can stop playing at any time: uninstall the app, and if you like, delete your data first in Settings → Delete My Data. That doesn’t cancel a subscription (section 4.6), and amounts already paid are not refunded, even in part, unless the law or Google Play’s policies say otherwise.

11.3 Ending it by us. We may end this agreement without giving a reason with two (2) weeks’ notice in the app or on this page, but not before the end of a period you have already paid for. We may suspend features or end the agreement with immediate effect for good cause, in particular if you seriously or repeatedly break these terms. Either party’s right to end the agreement for good cause is unaffected. If we stop running OUCH!, we will give at least 30 days’ notice in the app.

12. Personal data

We process your personal data as our privacy policy describes. You’ll find it in the app (Settings → Privacy) and at ouch-hot-potato.web.app/privacy.

13. Changes to these terms

We may change these terms for the future, for example when we add features or the law changes. We will tell you about important changes in the app and on this page at least two (2) weeks before they take effect, together with your right to object and what happens if you do or don’t. If you don’t object within that time and keep playing, the new terms apply. If you object, either of us may end the agreement under section 11. Changes required by law or for security may take effect sooner.

14. Final provisions

14.1 Applicable law. These terms are governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers in the European Union, the mandatory consumer protection rules of the country where you live also apply.

14.2 Place of jurisdiction. If you have no general place of jurisdiction in Germany or another EU Member State, or you moved your permanent or usual residence outside the EU after these terms took effect, or your residence is unknown when a claim is filed, the exclusive place of jurisdiction for all disputes under this contract is our place of business.

14.3 Google Play. Google is not a party to these terms. Google Play’s own terms also apply to your download and your purchases, and we alone are responsible for OUCH! and its content.

14.4 Language. The language of the contract is English. Translations are provided for convenience.

14.5 Severability. If any provision of these terms is or becomes invalid in whole or in part, the other provisions stay valid.

14.6 No waiver, transfer. If we don’t enforce a right straight away, we don’t give it up. We may transfer this agreement to a company that takes over OUCH!, provided your rights are not reduced; you will be told.

15. Provider and contact