Terms of Service

Welcome to We Had a TIME. These Terms of Service (“Terms”) form a legally binding agreement between you (“you” or “User”) and W.H.A.T. Entertainment LLC, a Georgia limited liability company (“We Had a TIME,” “we,” “us,” or “our”). By creating an account, purchasing a subscription or one-time product, joining a game room, or otherwise accessing or using wehadatime.com or any related services (collectively, the “Services”), you agree to these Terms and our Privacy Policy.

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

Please read Section 20 (Dispute Resolution and Arbitration) carefully. It requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial or class action, except as provided in that section.

• Account: The user account you create to access paid features of the Services.
• Content: Games, questions, prompts, artwork, code, text, visuals, and all other material we provide through the Services.
• User Content: Photos, responses, drawings, chat text, player names, and other material you submit, upload, or generate while using the Services.
• Host: The User who creates a game room and invites others to join.
• Player: Anyone who joins a game room using a room code, whether or not they have an Account.
• Venue Operator: A commercial user who has purchased a Business Subscription to run the Services in a commercial venue.

3.1 General minimum age

The Services are intended for Users aged 13 and older. By using the Services, you represent that you are at least 13 years old. Users under 13 are not permitted to use the Services. If we learn that we have collected personal information from a User under 13 without verifiable parental consent, we will delete that information in accordance with the Children's Online Privacy Protection Act (“COPPA”) and our Privacy Policy.

3.2 Users aged 13 to 17

If you are between 13 and 17, you represent that (a) your parent or legal guardian has reviewed and agreed to these Terms on your behalf, and (b) you have their permission to use the Services. We reserve the right to require parental-consent verification for any Account held by a User under 18.

3.3 18+ Content — Let's Go There

Certain games or features within the Services, including the game titled “Let's Go There,” contain mature themes intended only for Users aged 18 and older. Before accessing Let's Go There, you must confirm that you are at least 18 years old through an in-product age-verification prompt. You agree that you will not access Let's Go There on behalf of, or in the presence of, anyone under 18.

3.4 Authority to agree

If you are accessing the Services on behalf of a business (including as a Venue Operator), you represent that you have the authority to bind that business to these Terms, and the terms “you” and “User” refer to both you individually and the business you represent.

To access paid features of the Services, you must create an Account. You agree to (a) provide accurate, current, and complete information; (b) keep your login credentials confidential; (c) promptly notify us of any unauthorized access; and (d) take responsibility for all activity under your Account.

We may suspend or terminate Accounts that appear to contain false information, that are used in violation of these Terms, or that are inactive for an extended period.

We currently offer the following products on wehadatime.com:

1. Social Games Collection Subscription — $3.99 USD per month. Grants access to The Social Games Collection games for personal, non-commercial use. Automatically renews each month until cancelled.
2. Baby Shower Collection — $24.99 USD per event. A one-time purchase granting access to baby-shower-specific games for a single event and a period of 14 days after purchase.
3. Business Subscription — starting at $39.99 USD per month. A commercial license for use in venues, restaurants, bars, event spaces, hotels, and similar commercial settings. Tiered by event volume; see the Business page for current tiers. Automatically renews each billing period until cancelled.

We may modify, add, or discontinue any product, feature, or game at any time, with reasonable notice for material changes affecting active subscribers.

6.1 Billing and auto-renewal

Subscriptions are billed in advance to the payment method you provide. By purchasing a subscription, you authorize us (and our payment processors) to charge your payment method for each renewal period until you cancel. Subscription fees are in United States Dollars and exclusive of applicable taxes.

6.2 Cancellation

You may cancel your subscription at any time through your Account settings or the Stripe customer portal, or by emailing play@wehadatime.com. Cancellation stops future renewals. You will retain access to the relevant Services through the end of the then-current billing period.

6.3 Price changes

We may change subscription prices with at least 30 days' advance notice to active subscribers, delivered via email or in-product notification. Price changes apply only to billing periods beginning after the notice period. If you do not agree to a price change, you may cancel before it takes effect.

6.4 Failed payments

If a renewal payment fails, we may attempt to retry the charge, downgrade or suspend your Account until payment is made, and ultimately terminate the Account if payment is not resolved within 14 days.

The Baby Shower Collection is a one-time, non-renewing purchase. Access is granted for a single event and expires 14 days after purchase. The purchase is tied to the Account that made it and is non-transferable.

Social Games Collection Subscription ($3.99/month). Subscription payments are non-refundable except as described here or where required by law. As a courtesy, if you were billed for a renewal you didn't intend, email play@wehadatime.com within 7 days of the charge and we will refund that month if (a) you have not hosted or joined a game since the charge, and (b) you have not received a courtesy refund of this kind in the past 12 months. You may cancel at any time to stop future charges and will retain access through the end of the then-current billing period.

Baby Shower Collection ($24.99/event). Eligible for a full refund within 30 days of purchase if the room associated with the purchase has never been opened to players. Once the room has been opened — even briefly — the purchase is non-refundable. To request a refund within this window, contact play@wehadatime.com from the email on the Account that made the purchase.

Business Subscriptions. Business Subscription payments are final and non-refundable, except where required by applicable law. You may cancel at any time to stop future charges and will retain access through the end of the then-current billing period.

Billing errors and outages. Regardless of the rules above, we will refund duplicate charges, documented billing errors, and charges occurring during material Service outages. Contact play@wehadatime.com within 14 days of the charge.

Abuse and ineligibility. We reserve the right to deny refund requests where we have a good-faith basis to believe the request results from fraud, repeated abuse of the refund policy, chargeback gaming, or material use of the Services after the charge. We may also deny refund requests from Accounts subject to prior fraud-related disputes or that have previously initiated chargebacks against us.

We may from time to time offer free trials, discounted introductory periods, or promotional pricing. Unless stated otherwise, a free trial automatically converts to a paid subscription at the end of the trial period unless cancelled before the trial ends. Promotional pricing applies only to the stated period; standard pricing applies thereafter.

10.1 Ownership

You retain ownership of any User Content you submit, upload, or generate through the Services — including photos captured in-game, drawings, written responses, and chat messages.

10.2 License to us

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, display, reproduce, modify, create derivative works from, and distribute your User Content solely for the purpose of operating and improving the Services, and for promotional use as described in Section 10.3.

10.3 Promotional use

We may use anonymized, aggregated, or de-identified User Content to promote the Services (for example, gameplay screenshots or reaction footage shown in marketing materials). We will not use recognizable images of you in marketing materials without your separate written consent.

10.4 Your representations

You represent and warrant that: (a) you own or have the necessary rights to your User Content; (b) your User Content does not infringe any third party's rights; (c) your User Content does not violate any law; and (d) you have obtained consent from any other person depicted, recorded, or identified in your User Content.

10.5 Deletion

You may request deletion of your User Content at any time through your Account settings or by contacting play@wehadatime.com. We will delete User Content within a reasonable period, except where retention is required by law or for legitimate business purposes (e.g., fraud prevention, dispute resolution).

10.6 DMCA / Copyright

If you believe content on the Services infringes your copyright, send a notice to our designated copyright agent at play@wehadatime.com including the information required under 17 U.S.C. § 512(c)(3): a physical or electronic signature; identification of the copyrighted work; identification of the infringing material and its location; your contact information; a statement that you have a good-faith belief that the use is not authorized; and a statement under penalty of perjury that the information is accurate and that you are authorized to act on the owner's behalf.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for personal, non-commercial purposes — except that Venue Operators with an active Business Subscription are granted a limited commercial-use license as described in Section 13.

All rights not expressly granted are reserved. You may not (a) copy, modify, distribute, sell, or lease any part of the Services or Content; (b) reverse engineer, decompile, or attempt to extract the source code of the Services; or (c) use the Services to build a competing product.

You agree not to, and not to permit or encourage others to:

• Use the Services for any illegal purpose or in violation of any law;
• Harass, threaten, bully, or intimidate any other User or Player;
• Submit User Content that is defamatory, obscene, hateful, discriminatory, sexually explicit involving minors, or otherwise objectionable;
• Impersonate any person or misrepresent your affiliation with any person or entity;
• Upload or transmit viruses, malware, or other malicious code;
• Attempt to interfere with, overload, or disrupt the Services, our servers, or our networks;
• Use automated means (bots, scrapers, crawlers) to access the Services without our prior written consent;
• Circumvent or disable any security or access-control feature, including age-verification prompts for 18+ content;
• Share, resell, or sublicense your Account or subscription access;
• Use a Business Subscription for personal, non-commercial use, or a personal subscription for commercial use;
• Collect or harvest any information about other Users or Players without their consent.

We may suspend or terminate any Account we believe has violated this Section 12, at our sole discretion and without prior notice.

13.1 Scope of commercial license

A Business Subscription permits a Venue Operator to make the Services available to patrons within a single commercial venue (or additional venues purchased separately). The license does not permit sublicensing, white-labeling, or use outside the licensed venue(s).

13.2 Public display and music licensing

Venue Operators are responsible for any public-performance or music-licensing obligations arising from their use of the Services in a commercial setting, including any applicable BMI, ASCAP, SESAC, or similar fees. We are not responsible for, and do not indemnify Venue Operators against, third-party music or content licensing obligations.

13.3 Patron data

Venue Operators must not collect, retain, or use data about individual patrons obtained through the Services for any purpose beyond the immediate operation of a game event, except with those patrons' explicit consent. Venue Operators are responsible for their own compliance with applicable privacy laws.

13.4 Termination of Business Subscription

We may terminate a Business Subscription on 30 days' notice without cause, or immediately for breach of these Terms. Upon termination, the Venue Operator must cease all use of the Services in commercial settings.

The Services integrate with or rely on third-party services including, without limitation: payment processing (Stripe), hosting and infrastructure (Vercel, Supabase), analytics, error monitoring (Sentry), and communications (Resend). Your use of any third-party service accessed through or in connection with the Services is subject to the third party's own terms and privacy practices. We are not responsible for the acts, omissions, or policies of any third party.

Our collection, use, and disclosure of personal information is described in our Privacy Policy, available at wehadatime.com/privacy, which is incorporated into these Terms by reference.

The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, we expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You assume all risk arising from your use of the Services.

Some jurisdictions do not allow the disclaimer of certain warranties; in those jurisdictions, the foregoing disclaimers apply to the maximum extent permitted by law.

To the maximum extent permitted by law, in no event shall We Had a TIME, its officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, goodwill, use, or other intangible losses, arising out of or relating to these Terms or your use of the Services, whether based in contract, tort, statute, or otherwise, and whether or not we have been advised of the possibility of such damages.

In no event shall our total liability to you for all claims arising out of or relating to these Terms or the Services exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) $100 USD.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless We Had a TIME and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content; (b) your use of the Services; (c) your violation of these Terms; (d) your violation of any law or the rights of any third party; or (e) for Venue Operators, any claim arising from your commercial use of the Services.

We may suspend or terminate your access to all or part of the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, the license granted to you in Section 11 ends immediately, and Sections 10.2, 11 (restrictions), 16 through 22, and any other provisions that by their nature should survive termination, will survive.

You may terminate your Account at any time by cancelling any active subscription and contacting play@wehadatime.com.

20.1 Informal resolution first

Before filing any formal dispute, you agree to first contact us at play@wehadatime.com and give us at least 30 days to resolve the dispute informally.

20.2 Binding individual arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved under Section 20.1 shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration shall be conducted in Fulton County, Georgia or by video, as the arbitrator directs. Judgment on the award may be entered in any court of competent jurisdiction.

20.3 Class action waiver

You and We Had a TIME agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding.

20.4 Exceptions

Either party may bring a claim in small-claims court if it qualifies, or seek injunctive or equitable relief in court for actual or threatened infringement of intellectual property rights. These exceptions are not subject to the arbitration requirement above.

20.5 Opt-out

You may opt out of the arbitration requirement in Section 20.2 and the class action waiver in Section 20.3 by sending written notice to play@wehadatime.com within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in court under Section 21.

These Terms and any dispute arising from or relating to them or the Services are governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles. For any dispute not subject to arbitration under Section 20, you and We Had a TIME irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia.

We may modify these Terms at any time. If we make material changes, we will provide notice via email to the address associated with your Account or through an in-product notice, at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, cancel any active subscription and stop using the Services before the effective date.

23.1 Entire agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and We Had a TIME regarding the Services and supersede all prior agreements.

23.2 Severability

If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force and effect.

23.3 Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

23.4 Assignment

You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, sale of assets, or similar transaction.

23.5 No agency

These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and We Had a TIME.

23.6 Notices

We may send you notices via the email associated with your Account, by posting on the Services, or by any other reasonable means. Notices to us must be sent to play@wehadatime.com or to our business address at W.H.A.T. Entertainment LLC, 600 W Peachtree St NW, Ste 1700 PMB 430, Atlanta, GA 30308.

23.7 Force majeure

We will not be liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, internet outages, or third-party service failures.

23.8 Contact

Questions about these Terms should be sent to play@wehadatime.com, or by mail to W.H.A.T. Entertainment LLC, 600 W Peachtree St NW, Ste 1700 PMB 430, Atlanta, GA 30308.