Say What

Terms and Conditions

(We’ve used the below Terms of Service from our friends at Automattic.com available under a Creative Commons Sharealike license, which means you’re more than welcome to repurpose it for your own use. We're deeply thankful for their generosity.)

Terms of Service:

The following terms and conditions govern all use of the Say What app and all content, services, and products (collectively, the "Services") available at or through the app. Use of all features of the app are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Say What's Privacy Policy, found at the top of this webpage) and procedures that may be published from time to time by Say What(collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. If you reside in the United States or Brazil, your agreement is with Justin K Liu, the creator of Say What (referred to as Say What).

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Say What, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services requires a Google Account, Facebook account, or Say What account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.


1. Say What?

  • Description. Say What? (also Say What) is a mobile word game with different playing modes and a community-driven word deck pool.
  • Responsibility of Contributors. If you create any word decks ("decks" meaning anything related to a deck, such as title, description, word list, etc) or share any word decks, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by these Terms and Say What's General Guidelines, which can be found in the link at the top of this webpage. We don’t actively review Say What Content. You also give other Say What users permission to share your Content on other Say What decks or social media and add their own Content to it. If you delete Content, Say What will use reasonable efforts to remove it from Say What, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Say What has the right (though not the obligation) to, in Say What's sole discretion, (i) reclaim your username or account and all of its data due to prolonged inactivity, (ii) refuse or remove any content that, in Say What's reasonable opinion, violates any Say What's policy, is in any way harmful or objectionable, or goes against Say What's General Guidelines, or (iii) terminate or deny access to and use of Say What to any individual or entity for any reason. Say What will have no obligation to provide a refund of any amounts previously paid.
  • Advertisements. Say What reserves the right to display advertisements on your blog unless you have purchased a Premium account.
  • Access. If you lose access to your Say What account, you may not be able to access your Say What Content.
  • License. By using Say What, you grant us permission to use any Content you grant us permission to display your Say What Content on Say What for the purpose of distributing and promoting your website. We may also scan Say What Content, and compile aggregated/anonymized statistics for our internal use to optimize the performance of the Say What service. You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store your Say What Content, to the extent necessary to operate the Say What service.
  • Prohibited Uses. When using Say What, you agree not to:
    • Publish material or engage in activity that is illegal under applicable law.
    • Use Say What to overburden its systems, as determined by us in our sole discretion.
    • Disclose the sensitive personal information of others.
    • Send spam or bulk unsolicited messages.
    • Interfere with, disrupt, or attack any service or network.
    • Distribute material that is or enables malware, spyware, adware, or other malicious code.
  • Payment and Refunds. Say What offers different a level of service, including no ads, ease of use, greater usage limits (known as Premium). By signing up for the Premium service, you agree to pay Say What the applicable fees. You authorize us to charge any then-applicable fees to your credit card or other payment method through Google's Billing API. We offer refunds up to seven (7) days after payment with valid reason, as determined by us in our sole discretion.

2. Responsibility of Visitors.

Say What has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Say What does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Say What disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Say What links, and that link to Say What. Say What does not have any control over those non-Say-What websites, and is not responsible for their contents or their use. By linking to a non-Say-What website, Say What does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Say What disclaims any responsibility for any harm resulting from your use of non-Say-What.com websites and webpages.

4. Copyright Infringement and DMCA Policy.

As Say What asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Say What violates your copyright, you are encouraged to notify Say What via the email FoxworthyGames@gmail.com. Say What will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Say What will terminate a visitor’s access to and use of the app if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Say What or others. In the case of such termination, Say What will have no obligation to provide a refund of any amounts previously paid to Say What.

5. Intellectual Property.

This Agreement does not transfer from Say What to you any Say What or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Say What. Say What, Say What logo, and all other trademarks, service marks, graphics and logos used in connection with Say What or our Services, are trademarks or registered trademarks of Say What or Say What's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Say What or third-party trademarks.

6. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. You are responsible for checking that any changes are made. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

7. Termination.

Say What may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Say What account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties.

Our Services are provided “as is.” Say What and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Say What nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

9. Limitation of Liability.

In no event will Say What, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Say What under this agreement during the twelve (12) month period prior to the cause of action. Say What shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the Say What Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

1. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Say What reserve the right to terminate accounts or access of those in the event of a breach of this condition.

12. Indemnification.

You agree to indemnify and hold harmless Say What, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

13. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

14. Miscellaneous.

This Agreement constitutes the entire agreement between Say What and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Say What, or by the posting by Say What of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Say What may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change log:

  • Edited May 25, 2017 - First Edition.