Terms of Service

Welcome to GuessTheLean, a free browser game operated by Daniel Samer. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Daniel Samer ("we", "us", or "our") governing your access to and use of our website and the game.

GuessTheLean is a free, browser-playable guessing game. You are shown a word, name, or topic, you guess where public opinion places it on a left-to-centre-to-right scale, and the game then reveals the real crowd distribution built from the aggregated guesses of other players. The game is provided free of charge.

By accessing or using the game, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the game.

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the game after such changes constitutes acceptance of the modified Terms.

To use our game, you must:

- Have the legal capacity to enter into a binding agreement, or use the game with the consent of a parent or guardian if you are a minor
- Not be prohibited from using our services under applicable laws
- Provide accurate information if you choose to create an optional account

The core game is playable without an account. By using the game, you represent and warrant that you meet these eligibility requirements.

You can play GuessTheLean without registering. If we offer optional accounts (for example, to save streaks or appear on a leaderboard) and you choose to create one, you agree to:

- Provide accurate, current, and complete information
- Keep your password confidential and secure
- Immediately notify us of any unauthorized access or security breach
- Accept responsibility for all activities under your account

You may not share your account credentials with others, create multiple accounts to manipulate scores or leaderboards, or use another person's account without permission. We reserve the right to suspend or terminate accounts that violate these provisions.

You agree to use GuessTheLean only for lawful purposes and in accordance with these Terms. You agree NOT to:

- Violate any applicable local, national, or international law or regulation
- Infringe upon the rights of others, including privacy, publicity, or intellectual property rights
- Upload, transmit, or distribute any viruses, malware, or harmful code
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the game's operation or servers
- Use bots, scripts, or automated systems to submit guesses, inflate scores, or distort the crowd data
- Harass, abuse, threaten, or intimidate other users
- Impersonate any person or entity or misrepresent your affiliation
- Attempt to reverse-engineer or manipulate the scoring or the crowd-distribution results

GuessTheLean works by aggregating the guesses of many players into a crowd distribution that is shown back to you after each round. A few things you should understand:

- The "correct" answer for any item is the aggregated opinion of other players, not an objective, official, or scientific fact
- Crowd distributions reflect the opinions of the people who happened to play and are not a representative poll or survey
- Topics and prompts are chosen for play value and are not political statements or endorsements by us
- Your individual guesses may be combined, in anonymized and aggregated form, into the crowd data other players see

The game is intended as entertainment. Do not treat its results as authoritative information about public opinion, individuals, or organizations.

All content, features, and functionality of GuessTheLean, including but not limited to the game design, prompts, text, graphics, logos, icons, images, and software, are the exclusive property of Daniel Samer or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not:

- Copy, modify, or distribute our content without permission
- Use our trademarks or branding without written consent
- Reverse engineer or attempt to extract source code from the game
- Remove any copyright or proprietary notices

Limited license: We grant you a limited, non-exclusive, non-transferable license to access and play GuessTheLean for personal, non-commercial purposes in accordance with these Terms.

GuessTheLean is a free game. We want to be clear about how it is funded:

- The game does not contain affiliate links and we earn no commissions
- We do not sell products and there is no shop
- Prompts, results, and rankings are never influenced by any advertiser or sponsor

If this ever changes, we will update these Terms and our Affiliate Disclosure page before doing so, and any such relationships will be clearly disclosed.

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the game, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. We comply with applicable data protection laws, including the EU General Data Protection Regulation (GDPR).

THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:
- The game will be uninterrupted, secure, or error-free
- The crowd data or results will be accurate, representative, or reliable
- Any defects will be corrected

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE GAME.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE GAME SHALL NOT EXCEED EUR 100.

You agree to defend, indemnify, and hold harmless Daniel Samer and any affiliates, officers, agents, partners, and employees from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

- Your use of and access to the game
- Your violation of any provision of these Terms
- Your violation of any third-party right, including intellectual property, privacy, or publicity rights
- Any content or guesses you submit through the game
- Any damage caused by your negligence or intentional misconduct

This indemnification obligation will survive the termination of these Terms and your use of the game.

If you created an optional account, you may delete it at any time by following the instructions in your account settings or by contacting us.

We reserve the right to suspend or terminate your access to the game at our sole discretion, without notice, for conduct that we believe:

- Violates these Terms
- Is harmful to other users or third parties
- Manipulates scores, leaderboards, or the crowd data
- Is fraudulent or illegal

Upon termination:
- Your right to use the game ceases immediately
- We may delete your account and associated data
- Provisions that should survive termination will remain in effect

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the game shall be resolved as follows:

1. Informal Resolution: Before filing any formal complaint, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

2. Jurisdiction: If informal resolution fails, any legal action shall be brought exclusively in the courts of Duisburg, Germany, to the extent permitted by law, and you consent to the personal jurisdiction of such courts.

3. Class Action Waiver: You agree to resolve disputes only on an individual basis and waive any right to participate in class actions.

Nothing in this section limits your rights under applicable consumer protection laws.

We reserve the right to modify these Terms at any time. When we make changes:

- We will post the updated Terms on our website
- We will update the "Last Updated" date at the top
- For material changes, we may notify you via a prominent notice on the platform

Your continued use of the game after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the game.

We encourage you to review these Terms periodically.

Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the game.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations freely.

Force Majeure: We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, or government actions.

Notices: We may provide notices to you via posting on the platform or other reasonable means. Notices to us should be sent to the contact information provided below.

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

Daniel Samer
Am Alefskamp 50
47198 Duisburg
Germany

Email: blogs@samer.email
Phone: +49 15225669203