This Terms of Service Agreement (the “Agreement” or these “Terms”) constitute an agreement by and between the Playtest Rewards app from Playback Rewards Inc., (“Playback” or “we” or “our”) and any individual user (the “User” or “You” or “Your”) that uses or accesses our Services. These Terms also incorporate by reference Playback’s Privacy Policy. It is important that You carefully read and understand the Terms and conditions of this Agreement and Privacy Policy.
1. Services and License
The Services offered by Playback under the Terms consist of the Playback mobile application and website which together function as a platform for players to earn rewards for their purchases or completion of certain offers in video games (the “Services”).
As long as You comply with these Terms, Playback grants You a personal, non-exclusive, non-transferable, limited privilege to access and use the Services. This Agreement will remain in full force and effect while you use the Services and/or have a Playback account. Subject to the Terms, You may register to create an Account for the Service and utilize and access the Service. You may stop using the Services at any time, for any reason. Playback may terminate or suspend your account at any time without notice if Playback reasonably believes that you have breached this Agreement.
Support and maintenance of the Services is provided by Playback and in no event shall any third party providers or affiliates have any obligation with respect to maintenance and support of the Playback Services.
2. Account and Eligibility
The Services require that You register for a unique User Account (the “Account” or “User Account”). Only one (1) User Account is permitted per User, and Accounts are restricted to Users 18 years of age or older who reside in eligible territories. It is prohibited to create or operate multiple Accounts, to verify an account under false pretenses, or to transfer or sell a User Account to third parties.
By using the Services, you represent and warrant that (a) all information you submit to Playback is truthful and accurate; (b) you will maintain the accuracy of all such information; (c) you will uphold and respect these Terms at all times; (d) your use of the Services does not violate any applicable law or regulation; (e) you will safeguard your Account information and will supervise and be completely responsible for any use of your Account by you and anyone other than you.
You are solely responsible for the activity that occurs on your Account. You must keep your Account credentials secure at all times and You may not share your account with any third parties without Playback’s prior written consent. You must notify Playback immediately of any breach or suspected breach of security or unauthorized use of your Account. Playback will not be liable for any losses caused by any unauthorized use of your Account.
3. Your Conduct
You agree that you will not use the Services in a manner that is illegal or otherwise inconsistent with the Terms. You may not use the Services, or assist or encourage any other party, to engage in any Prohibited Activities or otherwise violate the Terms.
You agree NOT to (the “Prohibited Activities”):
If we believe You violated any of the Prohibited Activities or any other Terms (or if You assisted or encouraged any other party to), we reserves the right in our sole discretion to:
4. Rewards
Playback users can earn points based on their purchase in video games or upon their completion of other offers from Playback. Users can redeem their points for different rewards offered by Playback, such as gift cards, prepaid cards, or similar items (the “Reward” or “Rewards”). These Rewards are redeemed through third-party providers, and Playback is not responsible for the actions of those providers or any restrictions or other policies imposed by those providers, including policies which may limit Your use of the Reward.
The Rewards cannot be redeemed for cash or in any way resold, exchanged, or returned for a cash refund, unless required by law. Rewards may be redeemed in countries where applicable merchants and services are available. Playback is not responsible for any valid Reward which a user is unable to redeem due to their age, situation, or country of residence. Playback is not responsible for any lost, stolen, or malfunctioning Rewards except when it is caused by the gross negligence or willful misconduct of Playback.
Points do not otherwise have any monetary value and cannot be transferred to other Users. Playback has the right to change at any given time at Playback’s sole discretion how points or Rewards are redeemed, acquired, or are otherwise structured, including setting expiration periods or limiting the number of points you can accumulate or maintain in your Account. Playback may also change which Rewards are available through the Service at Playback’s sole discretion and at any time.
You agree that You will be solely responsible for paying any applicable taxes, if any, related to the redemption of points and/or acquisition of Rewards. You are solely responsible for complying with the terms of any third party when acquiring Rewards and verifying that the correct Rewards have been issued to you each time you acquire Rewards through the Service.
5. Intellectual Property
All of the content on the Services including, without limitation text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, "look and feel" and arrangement of such content, is owned by Playback, its licensors, vendors, agents, or content providers. You agree that all rights, title, and interest in and to all the intellectual property rights in the Services, and all modifications, extensions, scripts, and other derivative works of the Services provided or developed by Playback are owned exclusively by Playback or its licensors. All rights not granted to You in this Agreement are reserved by Playback.
All elements and design of the Services are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes. The Services may only be used for the intended purpose for which the Services is being made available. Except as may be expressly set forth herein, You hereby agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of the Service. Except as may be expressly set forth herein, the Terms only allow You to utilize the Services for Your own personal, informational, and noncommercial purposes. The Services will remain the exclusive property of Playback or its licensors, vendors, agents or content providers unless otherwise expressly agreed. You will remove no copyright, trademark, or other proprietary notices from material found on the Services. Use of the Services for any purpose other than specified in the Terms is a violation of Playback’s legal rights.
6. Account Inactivity and Deactivation
Playback reserves the right to delete or deactivate without notice any account which has been inactive for a consecutive period of one-hundred eighty (180) days. An Account is deemed inactive when there has been no access or attempt to access the Services by the User.
Upon deletion of an Account, Playback may delete the Account data, and any accumulated points or Rewards will be considered null and void. Playback shall not be liable to a User nor to any third party for any termination of a User’s access to the Services or deletion of a User’s data or accumulated points or Rewards.
7. Disclaimers
The Playback Services are provided “as is” and “as available” and without any representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness, for a particular purpose and non-infringement.
We strive to make our Services available 24/7, bug-free, and safe but we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, accurateness, suitability, or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. We will not be liable for any loss or damage resulting from any interruption or delay in the provision of our Services. The use of the Services is at the User’s own discretion and risk.
Playback assumes no liability or responsibility for errors, mistakes, or inaccuracies of the Services; any products, services, or rewards listed or redeemed via the Services; any acts, omissions and conduct of any users or other third-parties on or through the Services; any unauthorized access to or use of the Services servers and/or any and all data stored therein; any interruption or cessation of transmission to or from the Services; any injuries physical or emotional to you or third-parties related to use of the Services; any illegal activity in connection to the Services; any bugs, virus, trojan horses, or the like which may be transmitted to or through the Services.
Our Services may include links to content provided by third parties, including recommendations or offers for games, products, or services. We do not control such content and make no representations or warranties of any kind regarding the accuracy, reliability, or completeness of such content. Playback does not warrant, endorse, guarantee or, or assume responsibility for any game, product, reward, service, or offering listed or sold by a third-party through the Services or any linked website or featured listing. Downloading these games carries the same risk as downloading any other game directly from an app store, and your use of such content is at your own risk. These third-party services are made available only as a convenience, and download, purchase, access, or use of any such third-party service is solely between you and the applicable third-party services provider. Under no circumstances shall Playback be liable for any damages whatsoever that result from your use of any third-party services.
To the maximum extent permitted by law, Playback expressly disclaims all liability for product defect or failure of the Services or the devices on which it is accessed.
8. Limitation of Liability
In no event shall Playback or its providers and affiliates be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or related to Your use of our Services or the inability to use our Services, including but not limited to, damages for loss of use, data, goodwill, profits, other intangible losses, or any damages or loss arising from the services provided by third party providers.
In no event will Playback’s aggregate liability arising out of or in connection with the Terms, whether in contract, tort (including negligence, product liability or otherwise), warranty or otherwise, exceed the greater of the amount paid by the User to use the Services or $50.
Your sole and exclusive remedy from any use of, or inability to use, the Services, shall be for you to discontinue use of the Services.
9. Indemnification
You agree to defend, indemnify, and hold harmless Playback, its affiliates and its respective directors, officers, employees, and agents from and against all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, and expenses, including without limitation, attorneys' fees and any other liabilities, arising from or related to your use or misuse of the Services or any breach of these Terms.
10. Representations
You represent and warrant that You are fully authorized to enter into this Agreement and that You are fully authorized to use the Services; that You have read, understood, agree with, and will abide by the Terms, and that You are and will remain in compliance with all applicable laws and regulations with respect to its activities related to this Agreement.
11. Digital Millennium Copyright Act
Playback respects the intellectual property of others and requires that You do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), We will respond expeditiously to notices of alleged copyright infringement that are duly reported to us. We will disable and/or terminate the accounts of Users who are repeat infringers. If You believe Your content has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide us with the following information:
If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. You may send a counter-notice containing the following information to us:
See the Contact Information section of the Terms for how to reach us. You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.
12. Amendments to these Terms
We reserve the right to update and change these Terms and the Services at any time, including eliminating any Service or feature of the Service or denying or terminating your use of or access to the Service. Any changes to the current Services shall also be subject to the Terms. You should review these Terms from time to time and your continued use of the Services constitutes your ongoing acceptance of the Terms.
13. General
The Terms will be governed by the laws of the State of Wisconsin, without reference to its choice of laws. The exclusive jurisdiction and venue for any action under these Terms of Use shall be in the state and federal courts of Dane County, Wisconsin. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to You or delegate any of Your duties hereunder and any attempt to do so is void and of no effect. Playback may assign its rights and delegate its duties under this Agreement in their entirety at any time, including in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement. Nothing in this Agreement shall constitute a partnership or joint venture between You and Playback. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.
If one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining provisions of this Agreement shall be unaffected. You and Playback acknowledge and agree that any third party platform used to access the Services, and their subsidiaries, are third party beneficiaries of the Terms, and that, upon Your acceptance of the Terms, such platform will have the right (and will be deemed to have accepted the right) to enforce the Terms against You as a third party beneficiary of the Terms. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof.
14. Contact Information
The best way to contact us is to email us at: help@playbackrewards.com.
15. Effective Date and Last Updated Date
These Terms are effective as of January 1, 2025.
This Privacy Policy (the “Policy”) describes to users (“User,” or “Users,” or “You” or “Your”) how the Playtest Rewards app from Playback Rewards Inc. (“Playback”, “we,” “us” or “our”) collects, uses, discloses, or otherwise processes your Personal Information and other data we receive from Users using Playback’s website, mobile application, and products (collectively, the “Service” or “Services”). This Policy is incorporated into and forms part of our Terms of Service Agreement (collectively, the “Terms”). Your use of the Service and any Personal Information you provide in using the Service is subject to the terms of this Policy and the Terms of Service Agreement.
1. Information Playback collects
We collect information You provide directly or indirectly to us in connection with Your use of the Service when You register as a User of the Service, make changes to Your User information, or otherwise interact with or contribute content to the Service. We will only collect Your Personal Information as described in this Policy and will not use or otherwise process Your information for any other purposes than described below.
Personal Information is personal data that is able to directly or indirectly identify You. Examples of personal data include Your name, email, mailing address, IP address, demographic information, and other information about You. Personal Information does not include publicly available information or de-identified or aggregated information.
When You register for a Playback account, You may need to provide the following information:
While using the Service, Playback and our third-party service partners, vendors, and business partners may automatically also collect information including but not limited to:
If you connect or authenticate to our Services using a third-party service (such as through Apple, Google, or Facebook), You authorize Playback to pre-populate the registration and other relevant information fields consistent with what is specified above to your Playback account and/or to use such third-party network credentials to log you into the Service. If you connect your Playback account to a third-party service, you agree to comply with the terms and conditions and policies applicable to such service.
Account Verification and Gift Card Redemption: In order to redeem rewards, You will need to complete an account verification process through our third party partner Stripe. This includes providing a valid form of government identification which will be used to verify your identity and eligibility to use the Service. This data (including your identification card image, address, date of birth, and selfie picture) is subject to Stripe’s data privacy policy, and will only be used for account verification, fraud prevention, and legal compliance purposes. Data You provide through this process is not stored or retained directly by Playback. Gift cards are provided through our third party partner Tremendous, and any data You provide directly to them through the redemption process (including your email address) is subject to their privacy policy.
2. How Your information is used
We use Your information to create Your User account and to provide, maintain, and perform the Playback Services. We use Your data for the following purposes:
3. Information shared with third parties
Your information may be used and disclosed to the extent Playback may deem reasonably necessary to enforce the terms of any agreement between You and Playback, or to protect the rights, property or safety of any person or entity, or if required by law, specifically in response to a demand from government authorities.
Playback may also disclose some of your information in the following ways:
4. Data retention and security
We will only retain personal data for as long as you use the Services or for as long as it is required to meet the purposes for which it was collected in order to provide the Services to You. Following termination or deletion of your account, we may retain Your information for a commercially reasonable time solely for backup, archival, security, anti-fraud, and/or audit purposes. We may also anonymize your personal information so that it can no longer be associated with you and reserve the right to use such anonymous and de-identified data for any legitimate business purpose.
Playback is committed to the security of your information and we follow industry best practices to protect your information. Despite our efforts to secure such information, because the transmission of information via the internet is not completely secure and may pass through entities that we do not control, no data security measures can be guaranteed to be completely effective to avoid all risks, and we cannot guarantee the security of your personal information as it may be accessed, disclosed, altered, or destroyed by a breach of our physical, technical, and procedural safeguards or those of a third party. Users use the Services at their own risk.
5. Access to change or delete your data
It is important that the personal information we hold about you is accurate and current. Please keep your personal information up to date on your profile or settings page in the Playback app. By applicable law you have rights related to access and correction of the personal information that we hold about you.
You may also make requests to update, access, or delete your personal information or account by writing to help@playbackrewards.com. Upon receipt of such a request, we will attempt to honor it within a reasonable time. You may only make a verifiable request for access twice within a 12-month period. We may not be able to accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
In order to protect your information, we will also need to be able to verify your identity and your right to access the related account information, make the requested changes, or request to delete the data. We may not be able to honor a request if we are not able to successfully verify the requestor, if the data has previously been destroyed or anonymized, or if an applicable law or regulation prevents us from complying with the request.
A request to delete Your personal information or to withdraw Your consent for us to collect Your personal information will cause Your account to be deleted and Your account will no longer be accessible. Upon account deletion, You will no longer be able to use the Service and will lose any of the Rewards You have earned but not yet redeemed. ALL ACCOUNT DELETIONS ARE FINAL AND CANNOT BE UNDONE. YOU WILL ALSO NOT BE ABLE TO CREATE OR VERIFY ANOTHER ACCOUNT ON THE SERVICE.
6. Children’s privacy
We recognize the importance of protecting the privacy of children. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any personal information from anyone under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THE SERVICE AT ANY TIME OR IN ANY MANNER. We restrict the use of our Services to individuals age 18 and above. If we learn that personal information of persons less than 13 years of age has been collected through the Service, then we will take the appropriate steps to delete this information.
7. Email and Promotional Communications
Upon signing up for the Service, you may receive email communications from Us related to your account, including notifications related to your account activity, offers and other suggestions that may be of interest to You, core administrative or support communications related to your account, or other communications You have requested. You may opt-out of receiving messages from us by following the Unsubscribe instructions in those messages. If you opt-out of communications, we may still send you non-promotional core administrative communications, such as those about your account.
8. Push Notifications
We may request to send push notifications to your mobile device to provide Service updates and other relevant messages. You can manage push notifications from the Settings page within the mobile application or through your mobile device’s settings page for the mobile application.
9. Personalized advertising and unaffiliated third-parties
We, along with our affiliated service providers, may use cookies or SDKs to personalize advertising based on your activities over time and across third party websites, apps or devices. Many browsers contain a “do-not-track” setting or other ability to disable cookies. However, if you reject or disable cookies you may not be able to use all portions or all functionality of the Services, and because operation of the Services depends on this data, we are not able to honor or alter the Service’s behavior when a user has a “do-not-track” setting active.
Our Services may also link to other websites or apps and may include content offered by third parties. We are not responsible for and have no control over these third-parties and their practices and policies, which may differ from Ours. Please make sure You review these third-party privacy policies and data collection practices.
10. Use outside of the United States
This Service is hosted in the United States. Users who choose to use the Service from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States and by expressly consenting to our collection, storage and use of your personal information, your personal information will be transferred, processed, and stored in the United States.
11. Amendments to this Privacy Policy
We reserve the right to change or otherwise modify the Policy. The most current version of the Policy will govern our use of Personal Information and has an effective and “Last Updated” date located at the bottom of this page. It is your responsibility to check the Policy periodically for changes, but if we make material changes to this Policy, we will notify You by posting a notice on the Service or notifying You via email. Your continued use of the Services constitutes Your ongoing acceptance of the Terms, and if a modified Policy is not acceptable to You, You may no longer use or access the Services.
12. Contact Information
The best way to contact us is to email us at: help@playbackrewards.com.
Our mailing address is:
Playback Rewards Inc.
821 East Washington Ave; Suite 200
Madison, WI 53703
13. Effective Date and Last Updated Date
This Privacy Policy is effective as of January 1, 2025.