Terms of Service

1. Agreement

These Terms of Service (“Terms”) are a contract between you and [legal entity name] (“Quizite”, “we”) for the Quizite websites, applications, and related services (the “Service”). If you use the Service for an organisation, you confirm that you have authority to bind that organisation, and “you” includes that organisation.

By creating an account, joining a quiz, or otherwise using the Service, you agree to these Terms and to the Privacy Policy. If you do not agree, do not use the Service. The previous public draft of these Terms was a short summary. This version is a working draft for lawyers to review. Text in square brackets still has to be confirmed.

2. The Service

Quizite lets teachers and organisations create and assign quizzes, including quizzes drafted with AI, and lets participants submit answers. The Service can score answers, including with AI assistance aligned to the SOLO taxonomy, and show results to the people authorised in that workspace.

AI output is a draft. It can be wrong, incomplete, or biased. Teachers are responsible for reviewing questions before they are assigned and for reviewing scores before they are treated as a final educational record. Quizite does not provide legal, medical, or professional advice, and a score in the Service is not, by itself, an official credential.

We may change, suspend, or withdraw features. If we discontinue a paid feature you have already paid for, section 8 applies.

3. Accounts

You must provide a real name and email address, except when a quiz expressly allows a guest join. Guest joins store the name you enter and a synthetic email until you upgrade. You are responsible for keeping your password confidential and for activity under your account. Tell us at support@quizite.com if you believe the account is compromised.

Accounts have roles. Participants see their own work. Teachers manage quizzes and the classes they are allowed to manage. Organisation administrators manage membership and billing for that organisation. A personal workspace belongs to the teacher who owns it.

You must not share a login. An organisation may invite and remove its own members. We may refuse, suspend, or close an account that is used in breach of these Terms, that we reasonably believe is unsafe, or that the law requires us to close. We will tell you unless the law or a security risk stops us.

4. Age

The Service is aimed at education, including use by schools with students who may be under 18. If you are under 16, or under the age at which you can consent to this kind of service in your country, you may use the Service only through a school, a teacher, or a parent or guardian. The organisation that adds a student is responsible for having authority to do so.

5. Customer content

As between you and Quizite, you (or your organisation) keep ownership of quizzes, questions, documents, class lists, and answers you submit (“Customer Content”). You give Quizite a non-exclusive licence to host, reproduce, modify as needed for formatting, display, back up, and process Customer Content solely to provide, secure, and support the Service, including sending relevant text to an AI provider to generate or evaluate questions and answers.

You confirm that you have the rights needed to submit Customer Content, and that it does not infringe anyone’s rights or break the law. You must not upload content that is unlawful, that sexually exploits a minor, or that you are not allowed to share with the class or the AI provider.

Organisation-owned quizzes and submitted participant results stay with the organisation if an individual teacher deletes their account. A personal workspace is closed when its owner’s account deletion completes, unless these Terms or the Privacy Policy say otherwise.

Quizite owns the Service, software, models of the workflow, and our branding. These Terms do not give you any right in them other than the right to use the Service while the contract lasts. You may not copy, reverse engineer, or resell the Service except where the law does not allow that restriction.

6. Acceptable use

You agree not to:

• break the law, or infringe privacy or intellectual-property rights;
• attempt to access another organisation’s data, another user’s account, or non-public parts of the Service;
• probe, scan, or overload the Service, or bypass usage limits, except in a test we have agreed in writing;
• use student or participant data for advertising, or sell that data;
• use AI features to generate unlawful content, malware, or exam material you are not allowed to create;
• misrepresent AI output as unchecked human marking where your institution requires human review;
• scrape the Service in bulk, or use it to train a competing model, except where mandatory law allows that use.

7. Organisations and student data

If you are an organisation administrator, you are responsible for your membership list, for telling your users about these Terms and the Privacy Policy, and for the instructions you give us about student data. Teachers must only add students and upload documents they are allowed to process.

The only administrator of a school or corporate organisation cannot delete their account until another administrator exists. An organisation with no other members can be closed by an administrator through the deletion process in the Privacy Policy.

On request by an organisation customer, the parties will enter a data-processing addendum. [Counsel: remove this sentence until the addendum exists.] Where a US school needs Quizite to act as a school official for FERPA education records, that status exists only under a written agreement with the school. These Terms are not that agreement and are not a FERPA certification.

8. Plans, payment, and cancellation

Some features require a paid plan. Fees, billing period, and what the plan includes are shown at checkout. Paid plans are billed in advance through Stripe. You authorise us and Stripe to charge the payment method you provide.

You may cancel a subscription in the Service. Cancellation stops renewal at the end of the current billing period. Access to paid features continues until that date unless we suspend the account under section 3. If you delete an account or organisation while a subscription is still paid, the subscription is set to cancel at period end, and deletion does not complete before that date and the waiting period in the Privacy Policy. Unpaid invoices must be settled before deletion.

We may change fees on at least 30 days’ notice before the next renewal. If you do not agree, cancel before the renewal. Taxes are added where the law requires.

Refunds. [Counsel: choose one rule and delete the other. The product does not currently automate a 14-day refund. (A) Fees are non-refundable except where mandatory consumer law requires a refund. (B) Consumers who are entitled to a withdrawal right may withdraw within 14 days unless they have asked us to start supplying digital content during that period and acknowledged that the right ends when performance begins.] Nothing in this section limits rights that cannot legally be waived.

9. Closing an account and what remains

You may start account deletion from the Service. Deletion follows the Privacy Policy: email confirmation, a 30-day period during which you can cancel, then anonymisation rather than a silent physical erase. Submitted work and organisation quizzes can remain in anonymised or organisation-held form. Invoices can remain for legal retention. Export your data before the export file expires if you want a copy.

10. Warranties

We will provide the Service with reasonable care. Except for that commitment and for rights that cannot legally be excluded, the Service is provided “as is”. We do not warrant that AI output will be accurate, complete, non-infringing, or fit for a particular high-stakes assessment, or that the Service will be uninterrupted.

11. Liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that applicable law does not allow us to limit.

Subject to that, neither party is liable for loss of profits, loss of goodwill, or indirect or consequential loss, and each party’s total liability arising out of the Service in any 12-month period is limited to the fees you paid to Quizite for the Service in that period. If you use a free plan, that cap is [Counsel: insert a fixed amount, for example 100 EUR].

You are responsible for how you use scores and AI output in real educational decisions.

12. Indemnity

You will indemnify Quizite against third-party claims, damages, and reasonable legal costs arising from Customer Content you submit or from your unlawful use of the Service, except to the extent caused by our breach of these Terms.

[Counsel: many schools will not accept a one-way indemnity. Decide whether this is mutual, capped, or deleted for organisation customers.]

13. Term, suspension, and effect of ending

These Terms apply from your first use until your account is anonymised and any organisation contract has ended. Sections that by their nature should survive (ownership, payment for amounts already due, liability, indemnity, and governing law) survive.

14. Governing law

These Terms are governed by the law of [Counsel: insert country]. The courts of [Counsel: insert city] have exclusive jurisdiction, except that consumers may also use the mandatory courts of their country of residence, and either party may seek interim relief in any court that has jurisdiction.

Do not treat the Wellington address in the old privacy page as a choice of New Zealand law. That address has not been confirmed.

15. Other terms

These Terms, together with the Privacy Policy, an order or checkout page, and any signed data-processing addendum, are the whole agreement on their subject. If there is a conflict, a signed addendum controls for its subject, then the order, then these Terms.

You may not assign these Terms without our consent, except that an organisation may assign them to a successor of its school or business. We may assign them to an affiliate or a successor of the Service.

If a provision is unenforceable, the rest remains in force. Failure to enforce a provision is not a waiver.

We may update these Terms by posting the new version. If a change is material, we will give prior notice by email or in the Service. Continued use after the effective date means you accept the change. If you do not accept it, stop using the Service and delete the account.

Contact: support@quizite.com. Privacy requests: privacy@quizite.com.