MycoQuest
Legal

Terms of Service

Effective Date: May 4, 2026 Last Updated: May 4, 2026

These Terms of Service ("Terms") are a binding agreement between you and Musical Mycology, LLC ("Musical Mycology," "we," "us") that governs your access to and use of the websites at musicalmycology.org and mycoquest.app and the MycoQuest software-as-a-service platform (collectively, the "Service"). Mobile applications are governed by a separate End User License Agreement ("EULA").

By creating an account, accessing the Service, or clicking "I agree," you accept these Terms. If you don't agree, don't use the Service.

Read carefully. Section 14 contains a binding arbitration agreement and class-action waiver that affect your legal rights.

1. Who can use the Service

You must be at least 18 years old to register an account or enter into these Terms on your own behalf. If you are between 13 and 17, a parent or legal guardian must register the account and supervise your use of the Service. The Service is not directed to anyone under 13, and users under 13 may not access or use the Service. If we discover that a user under 13 has accessed the Service, we will terminate the account and delete any personal information collected from that user. We may, in a future release, add features that permit participation by children under 13 under a parent-managed model with verifiable parental consent; until then, the Service is restricted to users 13 and older.

Operators (event organizers) likewise represent and agree that they will not enroll participants under 13 through the Service.

If you are accepting these Terms on behalf of an organization (a "Tenant" — typically a renaissance faire, festival, or event organizer), you represent that you have authority to bind that organization, and "you" includes that organization.

2. The Service

The Service is a multi-tenant platform on which event organizers ("Operators" or "Tenants") run quests, faction games, and related interactive experiences for their attendees ("Players"). Different parts of these Terms apply depending on your role:

  • Players — read Sections 3, 5–14.
  • Operators — read all sections, including Section 4.
  • Visitors to the public websites — Sections 5, 6, 12, 13, 14 apply.

3. Player accounts

  • Registration. You may register using email + password, Sign in with Apple, or Sign in with Google. Provide accurate information and keep it current.
  • Security. Keep your credentials confidential. You're responsible for activity on your account. Notify us immediately at support@musicalmycology.org if you suspect unauthorized access.
  • One person per account. Don't share accounts. Don't create multiple accounts to bypass quest limits or earn duplicate rewards.

4. Operator accounts and tenant agreements

Operators license MycoQuest under a separate written Master Services Agreement ("MSA") and Data Processing Addendum ("DPA"). These Terms supplement the MSA. If there is a conflict between these Terms and an MSA, the MSA controls for the Operator; for Players, these Terms control.

4.1 Operator obligations

As an Operator, you:

  • Are the data controller for Player personal information collected through your event; Musical Mycology is your service provider/processor.
  • Will provide your own Player-facing privacy notice if your jurisdiction requires it, in addition to ours.
  • Will obtain any consents required by law before instructing us to collect data from Players (including parental consent for participants under 13 if your event includes them).
  • Will use the Service only for the purpose of running your event and not for unrelated marketing, profiling, or sale of Player data.
  • Will follow the Acceptable Use Policy at https://musicalmycology.org/aup.
  • Are responsible for the accuracy, legality, and intellectual property of any content you upload (quest text, faction lore, branding, prizes, etc.).

4.2 White-labeling and branding

Operators may apply approved tenant branding ("Skins") that change visible labels (e.g., "Faction" → "House" → "Guild"). Skins do not change the underlying data model. You grant us a limited license to display your trademarks within the Service for the purpose of providing the Service to your Players.

4.3 Fees and payment

Operator fees, billing terms, refund policy, and termination rights are described in the MSA. Late payments accrue interest at the lesser of 1.5%/month or the maximum rate permitted by law.

5. Acceptable use

You agree not to:

  • Violate any law or third-party right.
  • Upload, transmit, or submit content that is unlawful, infringing, defamatory, harassing, sexually explicit, or harmful to minors.
  • Reverse engineer, decompile, or attempt to extract source code from the Service except as permitted by law.
  • Probe, scan, or test the vulnerability of the Service except under a written security-research agreement with us.
  • Interfere with the Service, other users, or the underlying network.
  • Use the Service to send spam, malware, or unsolicited communications.
  • Use bots, scrapers, or other automation to access or extract data from the Service except via our published APIs and within their rate limits.
  • Cheat, exploit bugs, or fabricate quest progress.
  • Resell, sublicense, or commercially exploit the Service except as expressly permitted by an MSA.

We may suspend or terminate accounts that violate these rules. The full Acceptable Use Policy is at https://musicalmycology.org/aup.

6. User Content

6.1 Your content

You retain ownership of content you upload to the Service ("User Content") — for example, an avatar photo, a saved quest screenshot, or text fields you fill in on your profile. By uploading User Content, you grant Musical Mycology a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (only as needed to operate the Service), display to you, and transmit the User Content for the purpose of providing the Service to you, plus a limited license to the Operator running your event to display the User Content in the context of that event where the Service makes it visible to that Operator.

6.2 Default privacy of User Content

In the current release, User Content is stored privately to your account and is not made visible to other users. We may, in a future release, introduce features that let you opt in to sharing specific User Content with other users, with audiences within an event, or publicly. If we do, we will (a) give you advance notice, (b) make sharing opt-in (off by default), and (c) make the visibility of any piece of content clear to you before you share it. Content that you uploaded under a private-only model will not become visible to others without your affirmative action.

When you do choose to share User Content, the license you grant in Section 6.1 expands as needed to operate that sharing feature. You can stop sharing or delete previously shared content via the Service; cached copies (including copies others have downloaded) may persist outside our control.

6.3 Your responsibilities

You represent that (a) you own or have rights to the User Content, (b) the User Content does not violate these Terms, the Acceptable Use Policy, or any law, (c) you have the necessary rights and consents from any identifiable person depicted (especially minors and recognizable third parties), and (d) the User Content is not content from a child under 13 unless the parent who controls the account has obtained the consents required by our COPPA Direct Notice.

6.4 Children and User Content

The Service is not directed to anyone under 13. You will not upload User Content from or about a child under 13. If you are 13–17, your parent or legal guardian is responsible for your use of the Service and any User Content uploaded under your account.

6.5 Removal

We may remove User Content that violates these Terms or the Acceptable Use Policy. We have no obligation to monitor User Content but may do so.

6.6 DMCA

If you believe content on the Service infringes your copyright, send a DMCA notice to our designated agent at dmca@musicalmycology.org containing the elements required by 17 U.S.C. § 512(c)(3). Repeat infringers' accounts will be terminated. We have registered our designated agent with the US Copyright Office; see https://musicalmycology.org/dmca for current agent contact information.

7. Intellectual property

The Service, including software, design, trademarks, logos, and content we provide, is owned by Musical Mycology or its licensors and protected by US and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. No other rights are granted.

"Musical Mycology" and "MycoQuest" are trademarks of Musical Mycology. You may not use them without our prior written permission, except as part of factual references to the Service.

8. Subscriptions and paid features (Service)

If you purchase a paid subscription on the website (not through the App Store or Google Play), the following applies:

  • Billing. We bill in advance for each subscription period via the payment method you authorize. You authorize us to charge you for renewals until you cancel.
  • Cancellation. Cancel any time via your account settings. Cancellation stops future renewals; it does not refund the current period.
  • Refunds. Except as required by law, fees are non-refundable.
  • Price changes. We may change prices on at least 30 days' notice; changes take effect at the next renewal.
  • Taxes. Prices exclude taxes; you're responsible for taxes other than ours on net income.

In-app purchases made through the Apple App Store or Google Play are governed by Apple's and Google's terms in addition to our EULA.

9. Beta features

We may offer features marked "beta," "preview," or "experimental." These are provided as-is, may change or be removed at any time, and may not be supported by SLA commitments. Don't use beta features for production-critical workflows.

10. Third-party services

The Service may integrate with or link to third-party services (Stripe, Apple, Google, etc.). Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services.

11. Termination

You may terminate your account at any time via account settings or by emailing support@musicalmycology.org. We may suspend or terminate access for material breach of these Terms, for legal or security reasons, or if your account is inactive for 24 months (after notice). On termination, your license to use the Service ends and we may delete your data per the retention schedule in our Privacy Policy.

Sections 5, 6.1, 6.2, 7, 11, 12, 13, 14, and 16 survive termination.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUSICAL MYCOLOGY DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions in this Section apply to the maximum extent permitted by law.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUSICAL MYCOLOGY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED US DOLLARS ($100).

NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW (INCLUDING FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR FOR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE).

14. Dispute resolution

Read this section carefully. It affects your legal rights.

14.1 Informal resolution first

Before filing any claim, contact us at legal@musicalmycology.org and describe the dispute. We will try to resolve it informally for 60 days.

14.2 Binding arbitration

If we can't resolve the dispute informally, you and Musical Mycology agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding individual arbitration administered by AAA under its consumer arbitration rules. The arbitration will take place in Denver, Colorado or by video, at your option. Judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class-action waiver

YOU AND MUSICAL MYCOLOGY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

14.4 Carve-outs

You may bring an individual action in small-claims court for any Dispute within that court's jurisdiction. Either party may seek injunctive or other equitable relief in court for actual or threatened infringement of intellectual property or unauthorized access to the Service. Nothing in this Section prevents you from bringing claims to the attention of a federal, state, or local agency.

14.5 Opt-out

You may opt out of the arbitration agreement and class-action waiver in Section 14 within 30 days of first agreeing to these Terms by emailing legal@musicalmycology.org with the subject "Arbitration Opt-Out" and your account email.

15. Governing law

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles. The federal and state courts located in Adams, Colorado have exclusive jurisdiction over any Dispute not subject to arbitration, and you consent to personal jurisdiction in those courts.

16. General

  • Changes. We may update these Terms by posting an updated version and changing the "Last Updated" date. Material changes will be communicated by email, in-app banner, or other reasonable means at least 30 days before effective. Continued use after the effective date constitutes acceptance.
  • Notices. We may provide notices to you by email to the address on your account or by posting in the Service. You must send legal notices to us at legal@musicalmycology.org and Musical Mycology, LLC, Attn: Legal, 36 S 18th Ave, Ste D, Brighton, CO 80601, US.
  • Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Entire agreement. These Terms, the Privacy Policy, the Acceptable Use Policy, the EULA (for app users), and any MSA (for Operators) are the entire agreement between us and supersede prior agreements on the same subject.
  • Severability. If any provision is held unenforceable, the remaining provisions stay in effect.
  • No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
  • Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
  • US Government users. The Service is "commercial computer software" under FAR 12.212 / DFARS 227.7202; rights are limited to those granted in these Terms.
  • Export controls. You may not use the Service in violation of US export laws or sanctions.

17. Contact

legal@musicalmycology.org Musical Mycology, LLC, Attn: Legal, 36 S 18th Ave, Ste D, Brighton, CO 80601, US