Terms of Service

3.1 Eligibility: You must be at least 18 years old to use this Service. By creating an account, you represent that you meet this age requirement.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.

3.3 Account Termination: We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activities.

4.1 Content Responsibility: You are solely responsible for all content you create, upload, or distribute through the Service, including quiz questions, answers, results, and any collected data.

4.2 Prohibited Content: You agree not to create or distribute content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
• Infringes on intellectual property rights or other proprietary rights
• Contains malware, viruses, or malicious code
• Promotes discrimination, hatred, or violence against individuals or groups
• Contains sexually explicit, obscene, or pornographic material
• Impersonates any person or entity or misrepresents your affiliation
• Violates any applicable laws or regulations
• Collects personal information from minors without parental consent

4.3 AI-Generated Content: Content generated by our AI tools is provided "as-is." You are responsible for reviewing, editing, and ensuring all AI-generated content complies with these Terms and applicable laws before publication. We are not liable for any AI-generated content.

4.4 Content Monitoring: We reserve the right (but have no obligation) to monitor, review, or remove any user content that violates these Terms or is otherwise objectionable.

4.5 Data Collection Compliance: You are responsible for complying with all applicable data protection laws (including GDPR, CCPA, etc.) when collecting personal information through quizzes. You must provide appropriate privacy notices and obtain necessary consents.

5.1 Service Ownership: QuizSparks and its original content, features, and functionality are owned by QuizSparks and are protected by international copyright, trademark, and other intellectual property laws.

5.2 User Content License: By uploading content to the Service, you grant QuizSparks a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing and improving the Service.

5.3 User Retention of Rights: You retain all ownership rights to your content. The license granted above does not transfer ownership.

6.1 Plan Tiers: QuizSparks offers Free, Creator, Growth, and Enterprise plans with varying features and usage limits as described on our pricing page.

6.2 Billing: Paid subscriptions are billed in advance on a monthly or annual basis. You authorize us to charge your payment method for all fees incurred.

6.3 Automatic Renewal: Subscriptions automatically renew unless canceled before the renewal date. You will be charged at the then-current rate.

6.4 Plan Changes and Upgrades: When upgrading to a higher-tier plan:

• You will be charged a prorated amount for the remainder of your current billing period
• The new plan takes effect immediately upon upgrade
• Your next billing date remains the same
• Unused credits from your previous plan do not carry over

6.5 Downgrades: When downgrading to a lower-tier plan:

• The downgrade takes effect at the end of your current billing period
• No refunds or credits are provided for the remaining period
• Features and usage limits will be adjusted to the new plan level
• Content exceeding new plan limits may become inaccessible

6.6 Cancellation: You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. You will retain access until that date.

6.7 No Refunds: All fees are non-refundable except as required by law or as explicitly stated in these Terms. We do not provide refunds for partial months or unused features.

6.8 Price Changes: We may change subscription prices with 30 days' notice. Price changes apply to subsequent billing periods.

6.9 Failed Payments: If payment fails, we may suspend your account until payment is received. Accounts with failed payments for 30+ days may be terminated.

7.1 Plan Limits: Each plan has specific usage limits (quizzes, responses, features). Exceeding limits may result in service interruption or additional charges.

7.2 Fair Use: You agree not to abuse the Service through excessive API calls, automated scraping, or other activities that strain our infrastructure.

7.3 Rate Limiting: We implement rate limiting to ensure fair access. Repeated violations may result in account suspension.

9.1 "AS-IS" Service: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 No Guarantee: We do not guarantee that the Service will be uninterrupted, secure, or error-free. We do not guarantee the accuracy, reliability, or quality of AI-generated content.

9.3 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUIZSPARKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

9.4 Maximum Liability: Our total liability for any claims related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

9.5 User Content Liability: You acknowledge that we are not responsible for user-generated content or any damages resulting from such content.

11.1 Security Measures: We implement reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

11.2 Your Responsibility: You are responsible for maintaining backups of your content. We are not liable for any data loss.

12.1 By You: You may terminate your account at any time through account settings.

12.2 By Us: We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or for any other reason at our discretion.

12.3 Effect of Termination: Upon termination, your right to use the Service ceases immediately. We may delete your content after a reasonable period. Provisions that should survive termination (including liability limitations and indemnification) will remain in effect.

13.1 Governing Law: These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of law principles.

13.2 Dispute Resolution: Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except where prohibited by law. Arbitration shall take place in El Paso County, Colorado.

13.3 Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class actions or class arbitrations.

15.1 Entire Agreement: These Terms constitute the entire agreement between you and QuizSparks regarding the Service.

15.2 Severability: If any provision is found unenforceable, the remaining provisions remain in effect.

15.3 No Waiver: Our failure to enforce any right or provision does not constitute a waiver.

15.4 Assignment: You may not assign these Terms without our consent. We may assign these Terms without restriction.