Legal

Terms of Service

Last updated: August 29, 2026

These Terms of Service (the “Terms”) are an agreement between you and David Moseley, operating as The Ask (“The Ask,” “we,” “us”). They govern the iOS app The Ask, guest join links, and the legal pages at https://gettheask.com/.

By downloading, opening, or using The Ask, you agree to these Terms and to the Privacy Policy at https://gettheask.com/privacy. If you do not agree, do not use the app.

Questions: legal@noblefate.com.

1. The game

The Ask is a live friends-and-family guessing game. A host starts a showing from a home listing. Guests guess the asking price. Closest dollar wins. Over/under is a badge, not a prize.

The Ask is entertainment. It is not a brokerage, appraisal, valuation tool, MLS, or listing service. Listing photos and facts come from the host. We do not promise they are current, complete, or legal to use. Do not treat a score, a guess, or a reveal as advice about buying, selling, or pricing a home.

We do not sell homes. We do not represent buyers or sellers. We do not hold earnest money. A “showing” in the app is a game room, not a real-estate showing.

2. Who may use The Ask

You must be 13 or older. If you are 13–17, you need a parent or guardian’s permission, and they agree to these Terms for you.

You must be able to form a contract in your state or country. You may not use The Ask if U.S. sanctions bar you from receiving U.S. software.

We may refuse, suspend, or delete an account at any time, including if we think you are under 13, abusing the service, or infringing someone’s rights.

3. Accounts

You can Sign in with Apple or continue as a guest. Either way we create an account so you can sit in a showing.

You are responsible for activity on your account. Keep your device and Apple ID under your control. Give us a handle that is not misleading and not someone else’s identity.

If we offer in-app account deletion, use it. You may also email privacy@noblefate.com. Deletion does not undo guesses other people already saw, and we may keep a stub record to stop abuse.

4. License to use the app

We grant you a limited, revocable, non-exclusive, non-transferable, personal license to install and use The Ask on an Apple device you own or control, as allowed by the App Store rules.

You do not get any ownership of The Ask, the name, the look, the code, or our trademarks. You will not copy, scrape, reverse engineer (except to the extent a law says we cannot stop you), rent, or resell the app.

All rights we do not expressly grant are reserved.

5. Your content (listing photos, guesses, profile)

“Your Content” means anything you upload or send through The Ask: listing photos, listing URLs and facts, avatars, handles, guesses, invites, and reports.

You keep whatever rights you already have. You grant The Ask a worldwide, non-exclusive, royalty-free license to store, copy, display, and transmit Your Content only as needed to run the game: show it to people in that showing, keep score, moderate, back up, and fix bugs. We do not get a right to put your listing photos in a public catalog or in our ads.

This license ends when we delete the content under the Privacy Policy (showing photos when the showing ends; Blind-pool copies when you remove them; account content when you delete the account), except we may keep copies as described in the Privacy Policy for safety or law.

You represent that:

1. You have the right to share Your Content with us and with the people in that showing.
2. Listing photos are photos you are allowed to show those guests (your own photos, or a listing you are allowed to share in a private friends game — not a scrape of a site that forbids it, not a photo of a person who did not agree).
3. Your Content does not infringe copyright, trademark, privacy, or publicity rights, and is not illegal.

If you are a host, you are responsible for the house you put in the room. We do not review listings before a showing starts.

6. Conduct

You will not:

• Harass, threaten, stalk, or degrade anyone
• Post illegal, sexual, or exploitative content, or content that sexualizes a minor
• Upload listing photos you do not have the right to share
• Use The Ask to advertise homes, harvest leads, or spam invites
• Contact people from Contacts except by a message you send, to people you picked, with a preview of the text
• Cheat, bot, scrape, overload, or probe the API
• Create accounts to evade a block
• Impersonate The Ask or another person
• Use the game as a public listing feed or a “hot or not” for people

Hosts must only share listing photos they are allowed to show their guests. Guests must not save and repost those photos outside the circle.

We may remove content or end a showing without notice.

7. Report, block, copyright

Use in-app block when we ship it. Email legal@noblefate.com to report abuse or content that should come down. We will look at it when we reasonably can.

Copyright. If you believe listing photos or other content in The Ask infringe your copyright, send a notice to legal@noblefate.com that includes: (1) your signature (typed is fine); (2) the work; (3) what to take down and where it is (room code or screenshot); (4) your name and email; (5) a good-faith statement that the use is not allowed; (6) a statement under penalty of perjury that you are the owner or their agent. We may remove the content and, for repeat abuse, the account.

8. Friends, Contacts, and invites

The Ask is a friends-and-family pool. There is no open matchmaking.

If you allow Contacts, the app may match names on your device to people already on The Ask and help you start an invite. We do not use Contacts to build a marketing list. Apple’s 5.1.2 rules apply: no select-all, no silent texts, preview before send, you are the sender.

Push notifications (invite, host-away, come-back) are optional.

9. Ask+ and money

Guests do not pay to guess.

Ask+, if we offer it, is optional host extras (for example a larger circle or cosmetics) sold only as an Apple In-App Purchase. Apple charges you. Apple’s terms and refund rules apply. We do not get your full card number.

• If Ask+ is a subscription, we will show price, length, and what you lose when it ends before you buy. Cancel in iOS Settings → Apple ID → Subscriptions.
• Restore purchases is in the paywall / You tab.
• Unused digital features have no cash value. Closest-dollar “wins” are not money.
• We do not sell Ask+ on the web.

Until Ask+ is actually for sale on the App Store, any paywall you see is not a live charge.

10. Third parties

The app may open Apple Messages, Sign in with Apple, the App Store, or a listing URL the host shared after reveal. Those services have their own terms. We are not responsible for them.

Join links we host are brand-only. They are meant to open the app, not to preview a house on the public web.

11. Disclaimer

THE ASK IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• a listing, photo, price, or city is accurate or lawful to share
• a showing will start, fill, or finish
• the app will be up, error-free, or secure
• scores or “wins” have any value outside the game

You use The Ask at your own risk.

12. Limitation of liability

TO THE MAXIMUM EXTENT LAW ALLOWS, DAVID MOSELEY AND THE ASK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, EVEN IF WE WERE TOLD THEY MIGHT HAPPEN.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THE ASK OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR ASK+ IN THE 12 MONTHS BEFORE THE CLAIM OR (B) FIFTY U.S. DOLLARS (US $50).

Some states (including Tennessee, for some consumer claims) do not allow certain limits. If a limit is not allowed, it does not apply to you, and the rest of these Terms still do.

13. Indemnity

You will defend and indemnify David Moseley and The Ask against claims, damages, and reasonable legal fees that arise from: (1) Your Content (especially listing photos and listing URLs); (2) your use of the app; (3) your breach of these Terms; or (4) your violation of someone else’s rights. We may take over the defense at our expense; if we do, you will cooperate.

14. Changes; suspension

We may change these Terms by posting a new version at https://gettheask.com/terms and updating the date. If a change is material we will also say so in the app when we reasonably can. Continued use after the new date is acceptance. If you do not agree, stop using The Ask and delete your account.

We may change, suspend, or end the app or your account at any time. We are not liable for that. Sections that should survive (including 5, 11–16) survive.

15. Governing law and venue (Tennessee)

These Terms and any dispute arising out of them or The Ask are governed by the laws of the State of Tennessee, United States, without regard to conflict-of-law rules, except that the Federal Arbitration Act would apply if we later add arbitration.

Exclusive venue is the state or federal courts located in Tennessee. You and we consent to personal jurisdiction there. If a court in your home state must hear a consumer claim, that court may do so only to the extent Tennessee law cannot be waived.

Class actions. To the extent the law allows, you and we will bring claims only in an individual capacity, not as a plaintiff or class member in a class, collective, or representative action.

Time to sue. To the extent the law allows, you must file a claim within one year after it arose.

Tennessee’s Information Protection Act and the Tennessee Consumer Protection Act may give you rights we cannot waive. Those rights stay yours.

16. Apple’s role

You and we acknowledge:

• These Terms are between you and David Moseley, operating as The Ask, not Apple Inc.
• Apple has no obligation to furnish maintenance or support.
• If The Ask fails to meet an applicable warranty, you may notify Apple, Apple may refund the app price (if any), and to the maximum extent law allows Apple has no other warranty obligation.
• Apple is not responsible for claims relating to The Ask or your possession or use of it, including product-liability, consumer-protection, and privacy claims, and claims that The Ask fails to conform to a legal or regulatory requirement.
• If a third party claims The Ask or your possession and use of it infringes intellectual-property rights, we — not Apple — are responsible for investigating, defending, settling, and discharging that claim as required by these Terms.
• You represent you are not in a U.S.-embargoed country and are not on a U.S. denied-party list.
• You will comply with third-party terms that apply when you use The Ask (for example your wireless plan).
• Apple and Apple’s subsidiaries are third-party beneficiaries of this section and may enforce it against you.

17. General

These Terms and the Privacy Policy are the entire agreement between you and us about The Ask. They supersede prior versions.

If a court strikes one part, the rest stays. A waiver once is not a waiver forever. You may not assign these Terms. We may assign them if we transfer the project.

The Ask is a U.S. service. Software is subject to U.S. export rules. You will not export or re-export it in violation of those rules.

No rule of construction against the drafter applies.

18. Contact

Legal and copyright: legal@noblefate.com Privacy and deletion: privacy@noblefate.com

David Moseley, operating as The Ask Tennessee, United States

These Terms are for The Ask only. They are not legal advice.