Terms of Service

Last Updated: October 30, 2025

1. Acceptance of Terms

Welcome to Where the Duck. By accessing or using our mobile application and website (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

2. Description of Service

Where the Duck is a real-world scavenger hunt game that allows users to find and collect virtual ducks by scanning NFC-enabled physical items in various locations. The Service includes mobile applications, website features, leaderboards, and related services.

3. User Accounts

To use certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use of your account
  • Be responsible for all activities that occur under your account

4. User Conduct

You agree NOT to:

  • Use the Service for any illegal purpose
  • Violate any laws, regulations, or third-party rights
  • Harass, abuse, or harm other users
  • Cheat, hack, or use automated systems to interact with the Service
  • Remove, obscure, or damage any duck stickers or physical items
  • Trespass on private property or enter restricted areas while playing
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers

5. Safety and Liability

IMPORTANT: Where the Duck is a real-world activity game. You are responsible for your own safety while playing. Always:

  • Be aware of your surroundings
  • Obey all traffic laws and signals
  • Respect private property and posted signs
  • Never play while driving
  • Use caution in unfamiliar areas

You acknowledge that participating in the game is at your own risk. We are not responsible for any injuries, damages, or losses that may occur while using the Service.

6. Intellectual Property

The Service, including all content, features, and functionality, is owned by Where the Duck and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

7. User-Generated Content

By submitting content to the Service (such as usernames, profile information, or communications), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with the Service.

8. Duck Creator Program

Users who participate in our Duck Creator program agree to additional terms regarding the creation, placement, and management of duck locations. Duck Creators must ensure all duck placements comply with local laws and property regulations.

9. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including violation of these Terms. You may also delete your account at any time through the Service settings.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY DUCK LOCATIONS OR GAME INFORMATION.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHERE THE DUCK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR GOODWILL ARISING OUT OF YOUR USE OF THE SERVICE.

12. Indemnification

You agree to indemnify and hold harmless Where the Duck, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of your use of the Service or violation of these Terms.

13. Changes to Terms

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

14. Governing Law

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

15. Contact Information

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

Email: quack@wheretheduck.com

Address: Duck HQ, Sacramento

By using Where the Duck, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.