Terms of Use

For Last Wit Standing (lastwit.com) · a FNDRY39 game · Last updated October 20, 2026

  1. October 20, 2026

    • A new room is now private — listed only to the people in it — until its host lists it on the home screen, so a host’s name is no longer shown to everyone unless they choose.
    • Results are now kept for 30 days instead of 400.
    • The Privacy Policy now says how we look after what the game keeps (section 7), that something deleted stays in our database’s restore history for up to a day, which decisions the game makes by itself and how to have a person look at one, that you can ask for a copy of what we hold in a machine-readable format, and how to complain to us first.
    • Applied on publication: nothing is taken away from players — the game keeps less, for less time, and shows less to fewer people, and the rest describes what was already true (Terms §13).

  2. October 20, 2026

    • First publication.

1. These terms

These terms are the agreement between you and Ryan Murrell, a sole proprietor carrying on business in Alberta, Canada under the registered trade name FNDRY39 WEB DESIGN (Alberta trade name registration TN27072784) (“FNDRY39”, “we”) for playing Last Wit Standing, the game at lastwit.com. By playing — giving a name at the door, opening a room, joining or watching one — you accept them. The game is free and needs no account. What the game keeps when you play, and why, is in the Privacy Policy.

2. Who can play

You must be 14 or older to play.

3. Your name and what you type

Everyone in your room sees your name, and the home screen shows it beside a room you host and list. Your name, and every answer you type, must not be hateful, harassing, sexual or threatening; must not pretend to be someone else, a real person or us; and must not carry anyone’s personal details — a phone number, an address, an email or an account somewhere else, yours included. The game refuses some names and answers by itself, but not all of them. We may refuse or remove a name, and close a room, that breaks this.

4. Playing fair

Do not:

  • answer with a bot, a script or anything else that plays for you;
  • take more than one seat in a game, from several browsers or devices;
  • try to see a question’s answer, or another player’s answer or move, before the game shows it;
  • copy, scrape or collect the questions;
  • overload, probe or try to break the server, or get round a limit it sets; or
  • come back round a removal: a host sending you out of the lobby, a room voting you out, or a block from us.

The server decides every answer, life, point and winner, and its result stands. We may block a browser that breaks these rules.

5. Rooms and other people

Anyone with a room’s four-character code can join it or watch it. A new room is private — listed only to the people in it — until its host switches PRIVATE off in the lobby; then it is listed on the home screen, with the host’s name, while people are in it. We do not check who players are, and what other players type is theirs, not ours. If someone breaks these terms, email privacy@fndry39.com with the room code and the name, and we will look into it.

6. The game and the questions are ours

The game — its questions, artwork, sounds, words and code — belongs to FNDRY39 or to the people who licensed it to us (its typefaces are used under their own licences). You may play it, stream it, record it and share pictures and videos of your games. You may not copy the questions or the game, sell them, or use them to make another game. By typing a name or an answer you let us show it to your room and keep it as the Privacy Policy says.

7. Trivia is for fun

We check the questions, but a question can still be wrong, unclear or out of date; when you think one is, report it from the reveal and we will look at it. A game’s result is the server’s, even when a question turns out to be wrong. We give no prizes. If you run a contest or offer a prize using the game, it is your contest: you are responsible for its rules and for the laws that apply to it.

8. Flashing and motion

The game flashes, shakes and draws scanlines. The MOTION switch turns all of that off, and the game turns it off by itself when your device asks for reduced motion. If you, or anyone watching, may be sensitive to flashing light, turn MOTION off before playing, and stop if you feel unwell. Sound is off until you turn it on.

9. The game as it is

We may change the game, a mode or the questions, pause it, or end it, at any time. A room closes, with its game, once nobody in it has been heard from for five minutes, and a game can be lost to an outage or a lost connection. We do not promise that the game will always be there or always work.

10. Disclaimers and limitation of liability

Last Wit Standing is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, and we are not liable for indirect, incidental or consequential losses, including a lost game, a wrong question, or something another player typed. Where liability cannot be excluded, our total liability to you is limited to CA$100. Nothing in these terms limits liability for death or personal injury caused by our negligence, for fraud, for harm caused intentionally or through gross fault, or for anything else the law does not let us limit, and consumer protection rights that cannot be waived are not affected.

11. Ending the agreement

You can stop playing whenever you like; clearing your browser’s cookies makes you a new player. We can remove a name, close a room or block a browser that breaks these terms, and we can end the game for everyone (section 9). Sections 6, 10, 12 and 14 survive.

12. Governing law

These terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable there. Disputes go to the courts of Alberta, except that consumers may bring claims in their home jurisdiction where the law gives them that right, and consumers in Quebec keep every protection Quebec law gives them. We will always try to settle a problem by email first.

13. Changes to these terms

We post every change here, with its date at the top of the page and a note of what changed. We have no way to write to players, so a change that takes away a right or adds a duty applies only to games started at least 30 days after it is posted; a game always plays under the terms in force when it started. A change needed sooner for a legal or security reason, or one that only describes something new or corrects a mistake, applies when it is posted, and we say why.

14. General

These terms, with the Privacy Policy, are the whole agreement between us about Last Wit Standing. They are published in English and in French; both versions are equally valid, and where they differ, the one more favourable to you applies. If any part is unenforceable, the rest stands. Not enforcing something straight away does not mean we cannot later. We may transfer this agreement to whoever takes over the game, and your rights will not shrink. We are not responsible for a failure caused by something outside our reasonable control, such as an outage at a provider we rely on. Contact: privacy@fndry39.com, or by post: Ryan Murrell, FNDRY39 WEB DESIGN, PO Box 117, Sunnybrook, Alberta T0C 2M0.