Terms of service

Terms of service agreement (“Terms of Service”, “Agreement”)

General conditions

Following text describes main rules that should be followed on this or any other site owned by ExplainLab team (thereafter “Site”). ExplainLab team consists of founders of Quizful project and other people whom founders delegated the right to act on founders’ behalf. These Terms of Use ("Terms") govern your use of Quizful's website, apps, and other products and services ("Services"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and [contact us] if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Policy and Cookies Policy).

Effective: 24 May 2018

Terms of Service

Thank you for using Quizful!

1. Subject and Scope

Your use of the services is subject to the following terms and conditions.

By accessing or using any part of the services, you accept the application of these terms and conditions.

The content of the contract concluded between Quizful and you follows these terms and conditions as well as any additional information provided during the processes of registering and entering into a subscription or trial.

Quizful may amend, change, or update these terms and conditions. If Quizful does not obtain your specific consent for any revisions of its terms and conditions, you will be notified at least seven days prior to the effective date of the updated terms and conditions.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services.

Any revisions to the terms and conditions will become effective the earlier of the end of the seven-day period or the first time you access or use the services after such revisions.

If you do not agree to the revisions, you may not be able to continue to access or use the services from the effective date of the updated terms and conditions, if providing the services under the scope of the current terms and conditions is not possible or unreasonable for Quizful.

2. Services and Rights

Quizful is an online educational platform that allows people to improve their knowledge in a chosen field (the "Services"), which Services are accessible at Quizful.com and any other websites through which Quizful makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application"). These Terms describe main rules that should be followed while using either Site or Application.

The services allow you to access and use a variety of educational content and services on computer science, data science, programming, software development, and related topics.

By using Quizful its users may learn new material or repeat an already know one by answering short multiple-choice like questions. Most questions are provided with short description explaining the correct answer. Questions are combined into courses. We provide the questions in an adaptive manner so that we may provide you with the best learning experience.

The scope of the services may depend on the type of account, subscription, or trial you have.

The services are provided to you as a non-transferable, non-exclusive license to access and use as well as download and install, if applicable, a copy of the services in object code form on a compatible device in your control or ownership.

Quizful may change, update, suspend, make improvements to, or discontinue aspects of the services. Quizful reserves the right, at our discretion, to modify these Terms of Service at any time.

Quizful trademarks as well as domain names, logos, trade names, and other features of the Quizful trademark are under the sole ownership of Quizful or their respective owners. Access or use of the services does not grant or provide you with the right or license to reproduce or otherwise use domain names, logos, trade names, and other features of the Quizful trademark.

3. Registration

You may use our Services only if you can form a binding contract with Quizful, and only in compliance with these Terms and all applicable laws. To access and use the services, you are required to register, i.e. create an account.

You may use your email address along with a self-determined password or a single sign-on application provided by third parties such as Facebook or Google to create an account.

You are required to maintain the confidentiality of your password and other information related to the security of your account.

You agree to provide accurate, complete, and current information about about you and/or your organization as requested by Quizful.

You agree to maintain and promptly update any registration information you provide to Quizful, to keep such information accurate, current and complete.

You agree to be fully responsible for all use of your account and for any actions that take place through your account.

To create an account, you are required to be at least eighteen years of age. If you are at least fourteen years of age, you are allowed to register create an account with consent of your statutory agents. Quizful has the right to make its services subject to appropriate proof of identity or consent of your statutory agents.

Any use or access by anyone under the age of 13 is prohibited, and certain courses may have additional requirements and/or restrictions.

4. Our Courses

Course Modifications

While we take pride in our world-class courses, unexpected events do occur. Quizful reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any assignment, quiz, or other assessment.

No Academic Credit

Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of a course does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a course unless you have earned a Quizful Certificate (or other equivalent Quizful credential) for that course. Quizful and the associated participating institutions have no obligation to have a course recognized by any educational institution or accreditation organization.

Nothing in these Terms or otherwise with respect to your participation in any course: (a) establishes any relationship between you and any educational institution with which Quizful may be affiliated; (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the course.

5. Content

User Content

The Services enable you to share your content, such as quizzes, badges, achievements, learning progress, and other assignments you submit, posts you make in the forums, and the like ("User Content"), with Quizful, contributors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.

How Quizful and Others May Use User Content

To the extent that you provide User Content, you grant Quizful a fully-transferable, royalty-free, perpetual, sublicensable, irrevocable, non-exclusive, worldwide sublicensable license to use, reproduce, copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your User Content is submitted to the Services. This license includes granting Quizful the right to authorize participating institutions to use User Content with their registered students and on-campus learners independent of the Services. Nothing in these Terms shall restrict other legal rights Quizful may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Quizful, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Quizful have any obligation to you or anyone else to maintain the confidentiality of the Content.

Third Party Content

Through the Services, you will have the ability to access and/or use content provided by contributors, other users, and/or other third parties. The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Quizful. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Quizful, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Quizful shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Quizful on the Service are subject to change. In consideration for Quizful granting you access to and use of the Service, you agree that Quizful and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Quizful does not waive any rights to use similar or related Feedback previously known to Quizful, developed by its employees or contractors, or obtained from other sources.

6. Course Contributor Submissions

If you are or become a Course Contributor, you may offer to translate or have translated certain existing courses into other languages and you may offer to contribute new courses to the Service, as agreed between you and Quizful on a case-by-case basis.

Subject to any guidelines posted on the Service, you may perform any such translations or create any such courses in accordance with your own schedule and using your own facilities and resources.

You are not required to become a Course Contributor and you may cease your activities as a Course Contributor at any time. You acknowledge that you do not desire and will not receive compensation for your activities as a Course Contributor or for our use of any Course Contributor Materials (as defined below) you submit.

Any translation of an existing Quizful course you submit or have submitted and any new language course you submit or have submitted as a Course Contributor (collectively, “Course Contributor Materials”) are owned by you (subject of course to us retaining ownership of the existing Quizful course you translated).

By submitting any Course Contributor Material, you grant us a fully paid up, royalty-free, perpetual, sublicensable license to reproduce, display, perform, modify, create derivative works of, distribute and otherwise use such Course Contributor Material in any manner.

Creative commons license

7. Security

We care about the security of our users. While we work to protect the security of your account and related information, Quizful cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing [email protected] .

8. Payment Policy

In order to maintain high quality of our content and to constantly improve our product we have introduced paid subscriptions. They may vary in their duration and in questions they unlock access to, but following policies apply to all of them:

8.1. Overview of Subscription Plans and Payments

We offer several different types of individual subscriptions. Specific pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase (e.g., monthly, yearly, etc). All of our subscription plans renew automatically, as described in more details below. If you have questions regarding your plan following your purchase, please refer to your Account page and the confirmation email sent to you after your purchase.

A subscription enables you to access and use the full scope of the services for the subscription period.

All our subscription plans (both mobile and online) are billed in one payment for the whole term. It means that if, for example, you purchase a monthly subscription, you will be charged for the full month’s payment each month.

To enter into a subscription through the websites, you are required to choose a subscription period on the websites, provide your credit card information, and confirm your purchase, upon which you will receive a receipt via email.

Please be advised that we are using a third-party payment processor to facilitate your payments. All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will Quizful be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

To enter into a subscription through the apps (“in-app subscription”), you can choose a subscription period within the apps and confirm your purchase, upon which you will receive a receipt via email. In-app subscriptions use the in-app purchase functionality of the App Store on iOS or Google Play on Android (“app stores”).

8.2. Refund Policy

If you have purchased a subscription or other services subject to charges on the websites as a consumer, you have the right to revoke this contract within fourteen days without the need to specify reasons.

This revocation right will exist for a period of fourteen days from the day of the purchase.

All our subscriptions except for the monthly one offer a 14 day money back guarantee. You may request a refund by contacting us at [email protected] within 14 days of your purchase. You have to provide a valid reason for your refund request to be approved. In case your refund request is approved by Quizful team, you will be refunded the amount of your subscription with the one month subscription price deduction.

Please note that if you purchase a subscription through the iOS / Android application, the sale is final, and we will not provide a refund. Such your purchase will be subject to specific platform's (Apple or Google) applicable payment policy, which also may not provide for refunds.

In the event that Quizful suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for anything else.

8.3. Renewals

All our subscriptions renew automatically using your account's payment details. You may cancel your subscription at any time before the day you subscription should renew through your Account page or by contacting us at [email protected]

Your payment obligation will renew alongside your subscription at the end of the subscription period, unless you terminate your subscription at least twenty-four hours prior to the end of the subscription period.

8.4. Pricing Change Policy

Our subscriptions as well as their prices may change at any time in the future.

If the pricing for your subscription does change, we will notify you, and provide you with an opportunity to change your subscription, before applying those changes to your account or charging your payment details in connection with an automatic renewal.

All the subscriptions active at the moment of changes introduction remain valid until the beginning of the new renewal period.

8.5. Promotional Codes And Sales

Quizful may occasionally offer you promotional codes or sales to purchase subscriptions for a variety of subscription periods at a reduced fee (“promotional codes”).

Quizful may, in its sole discretion, determine your eligibility for a promotional code and suspend or discontinue codes at any time.

Codes cannot be redeemed for cash, refunded, exchanged, or used for other purchases than stipulated in the offer.

Specific provisions relating to the code may apply in addition to these terms and conditions. If these provisions stipulate a period of validity, the reduced fee shall only apply for this period and increase to the regular fee upon expiration of the period of validity.

8.6. Payment Information

If you have purchased a subscription on the websites, payment will be made using the credit card information you provided upon entering into the subscription.

If you have purchased the subscription within the apps, payment will be made through the in-app purchase functionality as provided by the app stores.

By providing payment information to us, you confirm that the payment information is valid.

If you provide someone else’s payment information, you agree that we may refund payment to that person if they so request and if the account is eligible for a refund under this Payment Policy. This may cause interruption to or termination of your Quizful service.

8.7. Third-party payment processor

Please be advised that we are using a third-party payment processor to facilitate your payments in order to provide you with the best level of security and to comply with world's best practices.

9. Termination

The services start at the time of registration pursuant for an indefinite period.

You can terminate the services at any time. For this purpose, you are required to delete your account in your account settings on the websites.

The subscription will be active for the subscription period selected at the time of purchase and will automatically renew unless terminated at least twenty-four hours prior to the expiration of the period. The subscription period shall extend by the same period as the period of the active subscription.

You can terminate a subscription you have purchased on the websites in your account settings on those websites.

You can terminate an in-app subscription within the app stores.

A termination of the subscription will become effective the day after the last day of the subscription period and your account will be converted to an account.

Upon reentering into a subscription, you will be able to access and use the full scope of the services and retain any previous progress.

If you intend to delete your account, you can do so in your account settings on the websites. In such a case, your account and personal information will be irrevocably deleted, regardless of whether there are any active subscriptions.

Quizful may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Quizful’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

10. INAPPROPRIATE USE

You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Quizful’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Quizful or its users to any harm or liability of any kind. You will not use the Quizful to collect information about our testing process or to develop strategy, guides or other testing preparation material or a similar testing service.

11. INDEMNIFICATION OF QUIZFUL

You agree to defend, indemnify and hold harmless Quizful and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.

12. LICENSE TO APPS

Subject to the terms of these Terms and Conditions, Quizful grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Quizful and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Quizful, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and Quizful acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Quizful acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, Quizful, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and Quizful acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

13. Limitation on Types of Damages and Liability

Quizful is not liable for user damage claims and only liable for damages arising from body, life, or health violations or from violations of material contractual duties as well as for damages for other damages arising from intentional and gross negligent breach of duty of the company or its statutory or vicarious agents.

In the event of violations of material contractual duties, Quizful is only liable for the contractual and typically foreseeable damages if these were caused by slight negligence, unless damages arising from injury to life, body, or health are present.

IN NO EVENT WILL Quizful BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF QUIZFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUIZFUL’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO QUIZFUL FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

14. NO REPRESENTATIONS OR WARRANTIES BY QUIZFUL

THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY QUIZFUL ARE PROVIDED TO YOU ON AN “AS IS” BASIS. QUIZFUL AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QUIZFUL DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

16. Contact info

Should you have any questions about our policy, site or product in general, please contact us at [email protected] .
Company address: Pankivska St, 14А, 01032, Kyiv, Ukraine


Quizful team