Terms of Service
Last updated 25 September 2026 · Effective 25 September 2026
The short version. Cup Toss is a party game. Play it, have fun, do not break it or use it to harass people. It is a game about throwing a virtual ball into virtual cups, and anyone can play it.
1. Agreement
These Terms are between you and Embra LLC ("we", "us"). They apply to the Cup Toss website, the TV client, the phone controller, and the Cup Toss mobile app (together, the "Service"). By using the Service you agree to them. If you do not agree, please do not use it.
Our Privacy Policy explains what we do with data and forms part of these Terms.
2. Who may use it
Anyone may play Cup Toss. It is a game about tossing a ball into cups, and it can be enjoyed at home by players of any age. If you are a minor, please play with the permission of a parent or guardian, who is responsible for how the Service is used.
3. Play safely — please read this one
This game involves swinging your arm: you throw by making a real throwing motion while holding your phone. Make sure you have room. Watch out for other people, pets, televisions, lights, low ceilings and windows, and keep a firm hold of your phone. You are responsible for playing somewhere it is safe to swing your arm, and we are not responsible for any damage or injury that happens while you play.
4. Your licence to use the Service
We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial entertainment. We keep all rights in the Service, including its software, artwork, sound, name and branding. You may not copy, modify, reverse engineer, resell or redistribute any part of it, except where the law says you may regardless of what we write here.
5. Rooms, seats and guests
A room is the unit the game is organised around. A room has four seats and can hold more people than that as spectators. A seat belongs to a connected phone rather than to a person — phones get passed around at parties, and whoever is holding one plays.
Anyone with a room's join code can enter that room. Treat the code as an invitation. The code is shown on the TV in the room, so in practice you share it with the people you are with. If you share it more widely, expect strangers.
6. Things you agree not to do
- Harass, threaten, bully, or abuse anyone, or post content that attacks people on the basis of race, ethnicity, national origin, religion, disability, sex, gender identity, or sexual orientation.
- Use the Service for anything illegal, or to encourage anyone else to do something illegal.
- Attempt to cheat, tamper with game results, send falsified data, or interfere with other players' games.
- Attempt to gain unauthorised access to any part of the Service, or to other people's rooms.
- Overload, disrupt, scrape or automate access to the Service, or try to work around any limit or protection in it.
- Impersonate anyone, including by choosing a display name intended to deceive.
- Use the Service to record, stream or share other people without their knowledge and agreement.
On language: this is a party game and swearing is part of the atmosphere. We moderate for harassment and targeted abuse, not for profanity. The line is whether you are having fun with people or going after them.
7. Names, chat and anything else you send
You are responsible for the display name you choose, for anything you say in the chat column or over voice chat, and, when that feature exists, for anything you show on camera. You keep ownership of it; you grant us the limited permission needed to transmit and display it to the other players in your game, which is the whole point of sending it.
We may remove content or end access for anyone breaching these Terms. We do not pre-screen what players say.
8. Voice, chat and video features
The chat column and live voice chat are available now. Both are optional, both ask for the microphone the first time you actually use them, and chat text lives only for as long as the room does.
Voice chat is one microphone per household, switched on from the computer driving the TV rather than from a phone. If you turn it on, everyone in your room can be heard by the other households you are playing against — tell them before you switch it on. Anyone can mute their own microphone and still hear everyone else, whose microphones are live is shown on every TV in the game, and the person whose room it is can mute a whole household. The audio is live only and is not recorded by us; see the Privacy Policy.
Video party mode is still not yet available. When it is, it will be optional, it will ask for the camera the first time you use it, and these Terms and the Privacy Policy will apply to it.
Video party mode is designed as one camera per household, showing the room, streamed live to the household you are playing against. If you turn it on you are responsible for the fact that other people in your room will appear on someone else's television — tell them, and get their agreement, before you switch it on. The stream is live only and is not recorded by us.
9. Paid features
Local play — everyone in one room, with one TV — is free.
Online play Not yet available is unlocked by a one-time purchase. The price is shown before you pay. It is not a subscription and nothing renews. It lets you open online games that friends in other places can join; the guests you invite do not need to buy anything.
Your pass. After paying you get a digital pass, kept on your phone, which unlocks online play wherever you take it. It is for you. Only one copy of a pass works at a time: putting it on a new phone, or getting it back by email, switches off the copy you had before. Do not share or sell your pass; we may switch off a pass that is being shared or misused.
How long it lasts. Your purchase does not expire, but it lasts only as long as we offer online play — see section 10.
Refunds. If you ask within 30 days of your purchase, we will refund it in full: email support@embrallc.com from the address you paid with. After 30 days, purchases are non-refundable. A refunded purchase, or one reversed through your bank or card issuer, ends the online play it bought and switches off its pass.
Payments are made on our website and handled by Stripe under its terms; your card details are never sent to us. We may give out promotion codes that make the purchase free, and a pass bought with one is the same as any other. Nothing here affects any right you have under the law where you live, such as a statutory right to cancel a purchase or to a remedy for a faulty service.
10. The Service will change
Cup Toss is under active development. We may add, change or remove features, and we may suspend or discontinue the Service. We will try to give reasonable notice of anything significant, but we do not promise that any particular feature will exist forever.
11. Ending it
You can stop using the Service at any time — leave the table, close the room, uninstall the app. We may suspend or terminate access if you breach these Terms, or where we have to for legal or security reasons.
12. Disclaimers
The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure or error-free, or that defects will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
13. Limitation of liability
To the fullest extent permitted by law, Embra LLC will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits, or goodwill, arising out of your use of the Service. To the fullest extent permitted by law, our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the twelve months before the claim, or 50 US dollars.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including for death or personal injury caused by negligence, or for fraud.
14. Indemnity
You agree to indemnify and hold harmless Embra LLC from any claim arising out of your misuse of the Service or your breach of these Terms.
15. Governing law
These Terms are governed by the laws of the State of Missouri, United States, without regard to its conflict-of-law rules, and you and we agree to the exclusive jurisdiction of the state and federal courts located there. If you are a consumer resident elsewhere, this does not deprive you of the protection of mandatory consumer-protection laws of the country you live in.
16. General
If any provision of these Terms is found unenforceable, the rest continues to apply. Our not enforcing a provision is not a waiver of it. These Terms, together with the Privacy Policy, are the whole agreement between you and us about the Service. You may not transfer your rights under them; we may transfer ours to a successor in connection with a merger, acquisition or sale of assets.
We may update these Terms. We will change the date at the top, and for anything significant we will make it clear before it takes effect. Continuing to use the Service after a change means you accept it.
17. Contact
Embra LLC — support@embrallc.com