Terms & Conditions

Last updated October 17, 2024

 

Welcome, and thank you for your interest in Quizvia and Future Tech Works LLC (“Quizvia,” “Future Tech Works LLC,” “we,” “us,” or “our”), and our website at www.quizvia.io, along with our related websites, applications, mobile applications, content, features, or resources made available or enabled through such websites or applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Quizvia regarding your use of the Service.

 

1. Welcome to Quizvia

These Terms apply to your use of the Quizvia Services and our Platform, and we encourage you to read them carefully. Please also refer to the definitions set out at the bottom of this page. The Terms and any attachments related to it, including our Acceptable Use Policy, applicable guidelines, and any Service Plan(s), form a legal Agreement between you and Quizvia for your use of the Quizvia Services. If you, or an Organization you are affiliated with, have entered into an Enterprise Agreement with Quizvia, your use of the Quizvia Services and Resources will be governed by the Enterprise Agreement and the documents incorporated therein.

 

These Terms define the terms and conditions under which you are allowed to use the Quizvia Services and consume Resources. If you do not agree to these Terms, you must immediately discontinue your use of the Quizvia Services and Resources.

 

In addition to these Terms, our Privacy Policy and Cookie Policy describe how we process the personal information we may collect when you use the Quizvia Services, and how we protect your privacy. Details about our processing of students’ personal data, that we collect as a processor or ‘school official’ on the school or teacher’s behalf, can be found in our Student’s Privacy Policy.

 

2. Responsible Use and Conduct

2.1 General

You agree to only use the Quizvia Services and Resources for the purposes intended and as permitted by the Agreement and in accordance with applicable laws. If you use the Quizvia Services in breach of the Agreement or applicable laws, we may terminate your account and/or suspend your use of the Quizvia Services. Your account is personal and for your use only, whether in a private or professional capacity, and your account may not be shared with or used by other people.

You are responsible for maintaining the confidentiality of your account and any non-public authentication credentials associated with your use of the Quizvia Services. You must promptly notify our customer support team about any possible misuse of your accounts, authentication credentials, or any security incident related to the Quizvia Services.

You represent and warrant that information you provide when registering for an account is accurate and you shall not misrepresent personal information or otherwise be untruthful about your identity in connection with your use of the Services. Quizvia reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity in connection with their use of the Services. Notwithstanding the foregoing, you acknowledge that Quizvia cannot guarantee the accuracy of any information submitted by any user or the identity of any user who chooses to use the Services. We are not obliged to verify the identity of any user.

 

2.2 Administrator Assumption of Control

If you use an email address provided by an Organization you are affiliated with (e.g., an employer or a school) to order the Quizvia Service, you represent that you have authority to use that Organization’s domain to sign up for a Service Plan in your capacity as a member of that Organization. The Organization, as the owner of the domain associated with your email address, may assume control over and manage your use of the Quizvia Services. In such a case, your Organization’s designated Administrator may (i) control and administer your account, including modifying and terminating your access, and (ii) access and process your data, including the contents of your communications and files. Quizvia may inform you that your associated Organization has assumed control of the Quizvia Services covered by your Service Plan, but Quizvia is under no obligation to provide such notice. If your Organization is administering your use of the Quizvia Services or managing the tenant associated with your Service Plan, direct your data subject requests and privacy inquiries to your administrator. If your Organization is not administering your use of the Quizvia Service or managing such tenants, direct your data subject requests and privacy inquiries to Quizvia by contacting us at privacy@quizvia.io.

 

3. User Content

3.1 Quizvia’s License to User Content

User Content is available to you only, kept with limited visibility, and only used by Quizvia for the purposes of providing the Services and Resources. We will keep all data you submit to the Services, including any User Content, secure and only process your data for the purpose of providing the Quizvia Services to you.

You hereby grant Quizvia a worldwide, non-exclusive, limited term license to access, use, process, and display User Content as reasonably necessary: (a) to provide, maintain, update, and develop the Services, including the development of new functionality and services connected to the Services; (b) to prevent or address service, security, support, or technical issues; (c) as required by law; and (d) as expressly permitted by you.

Quizvia will delete all User Content from your account upon termination of the Agreement, except for any Public User Content licensed to Quizvia as explained herein, or otherwise in accordance with Quizvia’s Privacy Policy (as applicable).

 

3.2 Your Responsibility for User Content

You promise that with respect to any User Content you post on Quizvia: (1) you have all rights necessary to upload such User Content to the Quizvia Service and to grant the above license to Quizvia, and (2) such User Content, or its use by Quizvia, does not violate the Agreement, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others.

You are solely responsible for all User Content that you publish on Quizvia. Quizvia does not endorse the correctness of the User Content or any opinion contained in any User Content.

 

3.3 Monitoring of User Content

Unless agreed differently in a separate agreement with us, Quizvia may review, monitor, edit, or remove User Content at our sole discretion but is under no obligation to do so. In all cases, Quizvia reserves the right to remove or disable access to any User Content that breaches the Agreement, including a breach of our Acceptable Use Policy. Removal or disabling of access to User Content shall be at our sole discretion.

 

3.4 Public User Content

If you choose to make User Content Public User Content, you hereby grant Quizvia a perpetual (or, for as long as permitted under applicable law), non-exclusive, sublicensable, transferable, royalty-free, irrevocable, fully paid, universal license to commercialize, use, reproduce, make available to the public (e.g., perform or display), publish, translate, modify, create derivative works from, and distribute your Public User Content through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method, or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content.

 

4. Account Security

As the creator of your Quizvia account, you have access and control over the account and the devices that are used to access the Service. To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over the devices that are used to access the Service and not reveal the password nor any payment details (if any) associated with your account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. You are also responsible for preventing unauthorized access and use of your account by anyone other than you. We can terminate your account or place your account on hold to protect you, Quizvia, or our partners from conducting or attempting to conduct identity theft or other fraudulent activity.

 

5. Data Protection

Where Quizvia is acting as a data processor under applicable law, the Data Processing Agreement shall govern with respect to its processing of personal data in connection with this Agreement. The protection of your personal data is important to us, and we comply with applicable data protection laws and regulations, including GDPR and others, as relevant to your jurisdiction. Please refer to our Privacy Policy for more information on how we handle your data.

 

6. Term and Termination

The Agreement will continue to apply for as long as you use a free or paid Quizvia account. Quizvia may terminate the Agreement or suspend your access to the Quizvia Service at any time, including in the event of your actual or suspected unauthorized use of the Quizvia Service and/or Resources, or non-compliance with the Agreement. If you or Quizvia terminate the Agreement, or if Quizvia suspends your access to the Quizvia Service in accordance with the Agreement, you agree that Quizvia shall have no liability or responsibility to you, and Quizvia will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

 

Any License granted to you on the Quizvia Services and Resources not already terminated by the expiry of your Service Plan shall be terminated as of the termination or expiry of the Agreement.

You hereby acknowledge and agree that the perpetual license granted to Quizvia by you will continue after the expiry or termination of any of the Agreement for any reason.

Sections of the Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Agreement, shall survive termination.

 

7. Warranty and Disclaimer

We can assure you that the Services will perform materially in accordance with the description of the Quizvia Services and Resources as set out on our Website. For all Service plans, we will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We will notify you in advance of any planned downtime which is expected to result in significant downtime. In the event of any breach of Quizvia’s obligations in this section, Quizvia shall, at its own expense, (i) use reasonable endeavors to rectify such non-compliance, and if rectification is not reasonably possible, (ii) replace all the non-conforming parts of the Services and Resources. Quizvia disclaims any other warranties than those set out in the Agreement.

 

Quizvia shall not be responsible for breach of these warranties if caused by:

• Hardware, software, or other components which are not part of the Services and Resources;

• Errors or problems caused by or contributed to by hardware, software, or other components which are not provided by Quizvia, including any modifications by you or third parties;

• Errors or problems caused by you not complying with this Agreement;

• If you have rejected the implementation of any upgrade, change, hotfix, or similar, which would have prevented the error or problem; and

• Errors or problems caused by third parties not acting on behalf of Quizvia, including in respect of changes to Services and Resources.

 

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL QUIZVIA, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE QUIZVIA SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER QUIZVIA HAS BEEN MADE AWARE OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. QUIZVIA’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO QUIZVIA UNDER THIS AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY.

NOTHING IN THE AGREEMENT REMOVES OR LIMITS QUIZVIA’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, AND, IF REQUIRED BY APPLICABLE LAW, GROSS NEGLIGENCE.

 

9. Apple-Specific Terms

In addition to the sections above, and notwithstanding anything to the contrary in the Terms, this section applies with respect to your use of any version of our app compatible with the iOS operating system of Apple. Apple is not a party to these Terms and does not own and is not responsible for the app. Apple is not providing any warranty for the app except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the app and shall not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the app, including any third-party product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the app, including those pertaining to intellectual property rights, must be directed to Quizvia. The license you have been granted in these Terms is limited to a non-transferable license to use the app on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set out in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. Notwithstanding these rights of Apple and Apple’s subsidiaries, Quizvia’s right to enter into, rescind, or terminate any variation, waiver, or settlement under these Terms is not subject to the consent of any third party.

 

10. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Quizvia, its parent company, affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against any claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from: (1) your breach of the Agreement; (2) any User Content; (3) any activity that you or anyone using your account engages in on or through the Quizvia Service; and (4) your violation of any law or the rights of a third party. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

11. Miscellaneous

11.1 Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Quizvia, the Agreement constitutes all the terms and conditions agreed upon between you and Quizvia and supersedes any prior agreements in relation to the subject matter of these Terms, whether written or oral.

 

11.2 Severability and Waiver

Unless otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Quizvia or any third-party beneficiary to enforce the Agreement or any provision thereof shall not waive Quizvia’s or the applicable third-party beneficiary’s right to do so.

 

11.3 Assignment

Quizvia may assign the Agreement or any part thereof, and Quizvia may delegate any of its obligations under the Agreement. You may not assign the Agreement or any part thereof, nor transfer or sublicense your rights under the Agreement, to any third party.

 

12. Changes to the Terms

We reserve the right to change these Terms from time to time. Changes may be made to accommodate new products or services, to adapt to legal requirements, or otherwise to better reflect the needs of our business. If there is a material change to these Terms, we will notify you either by email to your registered email account, through in-App or in-Service notifications, or on our official Website (as appropriate). It is your responsibility to read any such notice carefully. Your continued use of the Services after such changes will constitute acknowledgment and agreement to the modified Terms. If you do not wish to continue using the Service under the new version of the Terms, you may cancel your Service Plan or terminate the Agreement. We reserve the right to change the Acceptable Use Policy at any time without notice.

 

13. Definitions

“Acceptable Use Policy” means the Quizvia Acceptable Use Policy in force from time to time.

“Administrator” means your Organization’s designated administrator of your Quizvia account, if applicable.

“Agreement” is the collective term that encompasses these Terms, the Acceptable Use Policy, any Service Plan, and, if applicable, the Enterprise Agreement or Content Subscription.

“App” means Quizvia’s software/mobile applications.

“Apple” means Apple Inc.

“Children” means U.S. children under age 13 and children outside the U.S. under age 16.

“Consumer” means a natural person, who is not subscribing to or using the Services for commercial purposes.

“Platform” means Quizvia’s Websites and Apps where the Quizvia Services are available.

“Public User Content” means, as some Quizvia Services rely on User Content and users contributing content to the Service, the content whereby the User, on their own choice and by actively toggling the “publish” button, makes certain User Content, such as quizzes, available to the general public.

“Resources” means the information, resources, services, products, and tools provided for you in the Quizvia Services.

“Services” means the Quizvia services, including any software, that you subscribe to under these Terms.

“Terms” means these general terms and conditions applicable to your use of the Quizvia Services.

“Third-Party Applications” means websites and services delivered by third parties that are integrated into the Services and Resources in order to make certain features, content, products, and/or services available to you.

“User Content” means the content and data that Users upload to the Service, including without limitation quizzes, pictures, video, text, messages, information, user feedback, and any other content.

“Website(s)” means Quizvia’s websites, including quizvia.io and related subdomains.

 

Last updated October 17, 2024