Terms of Service

Effective Date: May 29, 2026

Welcome to Nutter Words. These Terms of Service ("Terms") govern your use of the Nutter Words website at nutterwords.com (the "Site") and any related services we provide. The Site is operated by Highest Five, Inc., a California corporation ("Highest Five," "we," "us," or "our"). By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

Your use of the Site is also subject to our Privacy Policy, which is incorporated into these Terms by reference.

PLEASE NOTE: Section 13 of these Terms contains a binding arbitration agreement and a class action waiver that affect your legal rights. Please read it carefully. You may opt out of arbitration within 30 days as described in Section 13.6.

1. Eligibility

You must be at least 13 years old to use Nutter Words. If you are in the European Economic Area or the United Kingdom, you must be at least 16, or have the consent of a parent or legal guardian if local law allows for younger users with consent. By using the Site, you represent that you meet these requirements.

2. The Service

Nutter Words is a word puzzle trivia game. The Site currently offers a daily puzzle, themed puzzle collections ("Nutcases"), supporting content such as a How To Play guide, and a feedback mechanism.

You do not need an account to play today. If we add account features in the future (for example, cross-device progress, saved statistics, or a mobile app login), additional terms may apply to those features at that time.

3. Future Monetization

The Site is free today. We reserve the right to introduce paid features, subscriptions, advertising, sponsored content, or other forms of monetization in the future. We will give reasonable notice of any material changes that affect free use of the Site.

4. Acceptable Use

You agree to use the Site in a way that's lawful and respectful. Specifically, you agree not to:

• Use the Site in any way that violates applicable law or regulation
• Reverse engineer, decompile, or attempt to extract source code from the Site
• Use automated scripts, bots, or scrapers to access the Site (compliant search-engine crawlers excepted)
• Submit feedback or any other content that is unlawful, harassing, defamatory, hateful, or infringing on someone else's rights
• Interfere with or disrupt the Site, our servers, or networks connected to the Site
• Attempt to gain unauthorized access to any part of the Site, other users' data, or our systems

We may suspend or terminate access for users who violate these rules.

5. User-Submitted Content

The Site currently accepts feedback through our feedback form. In the future, we may invite users to submit puzzles or other creative content for our consideration (collectively, together with feedback, "User Content").

5.1 License grant

By submitting User Content, you grant Highest Five, Inc. a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, store, modify, adapt, publish, translate, distribute, perform, display, and create derivative works of your User Content in any media now known or later developed, for the purpose of operating, improving, and promoting the Site and the Nutter Words product. This license survives termination of your access to the Site.

You retain whatever rights you originally had in your submission. Nothing in these Terms transfers ownership of your User Content to us, but the license above is broad enough that we can use submitted content (including incorporating user-submitted puzzles into the game) without seeking additional permission or paying additional compensation.

5.2 Your representations

By submitting User Content, you represent and warrant that:

• The content is your original work, or you have all rights necessary to grant the license above
• The content does not infringe on any third party's intellectual property, privacy, publicity, or other rights
• The content is not unlawful, defamatory, obscene, harassing, hateful, threatening, or otherwise objectionable
• You will not seek payment, attribution, or credit for the content beyond what we voluntarily provide
• Any factual statements or claims in the content are truthful and accurate

5.3 Review and discretion

We have no obligation to accept, use, publish, or display any User Content. We may, in our sole discretion:

• Review, edit, condense, or rearrange any User Content before use
• Refuse to publish or feature any User Content
• Remove, modify, or take down any User Content already published, at any time and for any reason
• Combine User Content with our own content or with other users' content

User-submitted puzzles, if accepted, will be reviewed internally by Highest Five before being made available to the public.

5.4 No obligation to compensate or credit

User Content is submitted on a voluntary, no-compensation basis. We may choose to credit contributors at our discretion, but are not obligated to do so. Submission of User Content does not create any employment, contractor, agency, or partnership relationship between you and Highest Five, Inc.

5.5 DMCA / copyright complaints

Highest Five, Inc. respects the intellectual property rights of others and expects users to do the same. We have designated an agent to receive notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c).

Designated DMCA Agent:
Legal Department
Highest Five, Inc.
2041 East St Unit 1541
Concord, CA 94520
Email: legal@nutterwords.com

If you believe content on the Site infringes your copyright, please send our designated agent a written notice that includes:

• A description of the copyrighted work you claim is infringed
• A description of where the allegedly infringing material is located on the Site
• Your contact information (name, address, phone, email)
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
• Your physical or electronic signature

We will respond to valid notices in accordance with the DMCA. Repeat infringers may have their access to the Site terminated.

Counter-notification. If you believe that User Content you submitted was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to our designated agent containing the elements required by 17 U.S.C. § 512(g)(3).

6. Intellectual Property

The Site, including its design, code, puzzles, illustrations, characters, music, audiovisual elements, branding, logos, and the Nutter Words name and brand, is owned by Highest Five, Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws.

We love seeing people share their Nutter Words experience. You are welcome to record, screenshot, stream, post, comment on, or otherwise share your personal gameplay experience, including puzzle attempts, reactions, and results, for non-commercial social sharing, commentary, fan content, or similar personal use.

However, unless expressly permitted by us in writing, you may not:

• reproduce or republish puzzles or puzzle collections in bulk
• systematically copy or archive puzzle content
• commercially exploit Site content
• create derivative games, puzzle products, or competing services based substantially on our content
• scrape, mirror, or extract Site content for redistribution
• imply sponsorship, endorsement, or affiliation with Nutter Words without permission

7. Third-Party Services

The Site relies on third-party providers for hosting, data storage, and operational support. Your use of the Site is also subject to those providers' terms where applicable. We are not responsible for third-party services or content, but we choose providers we trust to operate responsibly.

8. Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HIGHEST FIVE, INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM RELATED TO THE SITE WILL NOT EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS ($100), (ii) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (iii) THE MINIMUM AMOUNT PERMITTED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages, so some of the above may not apply to you.

10. Indemnification

You agree to indemnify and hold harmless Highest Five, Inc. and its directors, officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising out of your use of the Site, your violation of these Terms, or your violation of any rights of another.

11. Termination

We may suspend or terminate your access to the Site at any time, with or without cause and with or without notice. You may stop using the Site at any time. Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, dispute resolution, governing law, etc.) will survive.

12. Changes to These Terms

We may update these Terms from time to time. If we make material changes — particularly to dispute resolution, liability, or your payment obligations — we will provide reasonable advance notice (by posting a prominent notice on the Site and, where we have your email address, by email) and will, where required by law, obtain your affirmative agreement to the revised Terms before they apply to you. For non-material changes, your continued use of the Site after the updated Terms take effect means you accept the revised Terms.

13. Disputes; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH HIGHEST FIVE, INC. THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL FOR MOST DISPUTES. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 13.6.

13.1 Informal dispute resolution

Before initiating any arbitration or court proceeding, you and Highest Five agree to first try to resolve any dispute informally. You agree to send a written notice describing the nature and basis of the dispute, the relief sought, and your contact information to legal@nutterwords.com and to the postal address listed in Section 15. We will attempt to respond within 60 days. If the dispute is not resolved within 60 days after the notice is received, either party may proceed to arbitration.

13.2 Binding individual arbitration

You and Highest Five agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site that is not resolved through informal resolution will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect, except as modified by these Terms. The arbitration will be conducted in English by a single neutral arbitrator. If you reside in the United States, the arbitration will take place in the county where you reside, by videoconference, or in any other location to which you and Highest Five agree. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Section 13, including any claim that all or any part is void or voidable. The Federal Arbitration Act governs the interpretation and enforcement of this Section 13.

13.3 Class action waiver

YOU AND HIGHEST FIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

13.4 Public injunctive relief

Notwithstanding the foregoing, claims for public injunctive relief, to the extent such relief is not waivable under applicable law (including under California's McGill rule), may be brought in court following arbitration of all other claims, or in any other forum permitted by law.

13.5 Carve-outs

Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court for claims that qualify, so long as the action remains in small claims court and proceeds only on an individual (non-class, non-representative) basis; and (b) seek injunctive or equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

13.6 Opt-out

You may opt out of this Section 13 by sending a written notice of your decision to opt out to legal@nutterwords.com within 30 days after you first accept these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, the remaining provisions of these Terms will continue to apply, and disputes will be resolved in court as set forth in Section 13.8. Opting out of arbitration will not affect any other aspect of your relationship with Highest Five.

13.7 Severability

If the Class Action Waiver in Section 13.3 is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) will be severed from arbitration and brought in court, while all other claims will remain in arbitration. If any other provision of this Section 13 is found unenforceable, that provision will be severed and the remainder of this Section 13 will remain in effect.

13.8 Governing law and court jurisdiction for non-arbitrable claims

These Terms are governed by the laws of the State of California, without regard to its conflict of laws provisions. For any claim or dispute that is not subject to arbitration (including small claims court matters, requests for injunctive relief regarding intellectual property, and any claims that are deemed non-arbitrable), you and Highest Five consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.

13.9 California consumer notice

Under California Civil Code §1789.3, California residents are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

14. Miscellaneous

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect. Our failure to enforce a provision is not a waiver of our right to do so later. These Terms are the entire agreement between you and Highest Five, Inc. regarding the Site, and supersede any prior agreements on the same subject.

15. Contact

Questions about these Terms? Email us at legal@nutterwords.com, or write to us at:

Highest Five, Inc.
Attn: Legal Department
2041 East St Unit 1541
Concord, CA 94520