Terms & Conditions Data privacy Imprint Newsletter

Terms and Conditions

|table-of-contents|

1. Introduction and definitions
2. User scope of responsibilities
3. Licences, payments and refunds
4. Account management and access
5. Termination
6. Prohibited content, liability and compliance
7. Data protection and privacy
8. Intellectual property and licencing
9. Liability and indemnification
10. Service functionality and fault management
11. Force majeure
12. General Provisions
13. AI services and data processing
14. Development and pre-release services
15. Participant terms
16. Indipendent contractors
17. Confidentiality

1. Introduction and definitions

1.1 These terms and conditions govern your use of kwizkid, a service provided by rubberduck studio GmbH (hereinafter "kwizkid", "we", "us" or "our"). By accessing or using kwizkid, you acknowledge and agree to these Terms. For Participants, specific Terms are outlined in Section 15.

1.2 kwizkid provides a web-based Application accessible through standard web browsers, requiring no software installation. The Application enables among other things:

Creation of Quiz Content by Content Creators
Hosting of Quiz Events
Use of various Question Types
AI-Generated Content for Quizzes
Semi-automated scoring system
Use of ready-made Quiz Templates
Real-time interaction between Host and Participants
Live presentation of Quiz Content
Team management
Advertisement Content integration options
Payment processing through Payment Provider

1.3 By creating an Account and thereby accepting these Terms, you receive a non-exclusive, non-transferable, revocable, and time-limited right to use kwizkid according to your specific License Terms.

1.4 The Application offers different License levels: Free License, Single License, Flat Private License, Education License, Flat Business License, and Premium License. Current features and pricing details are available at pricing overview, subject to periodic updates, see section 3.5.

1.5 These Terms incorporate by reference the Privacy Policy, which together form the legal framework for using kwizkid.

1.6 The following definitions apply throughout these Terms and incorporated policies:

"Account" means a personal access point to the Services, connected to and identifiably by a unique email address.

"Advertisement Content" means (a) any Advertising Content that may be displayed by kwizkid in the Free Version and (b) any advertising content integrated by Users.

"AI-Generated Content" means Quiz Content generated through the Application's integrated AI functionality, provided without warranty of accuracy or completeness.

"Application" means the web-based interactive live Quiz platform developed and provided by rubberduck studio GmbH under the brand kwizkid.

"Auto-Renew" is an optional feature enabling automatic License renewal at discounted rates when activated at initiation of or during an active Time Package.

“Commercial Use" or "Business Use" means any use of kwizkid in a professional, business, or organizational context, including but not limited to corporate events, team-building activities, employee engagement, marketing, or any tools that supports business operations, regardless of whether it directly generates revenue.

"Content Creator" means any individual who develops and sets up Quiz Content through an Account.

"Customer" means the individual or entity who purchases one or several Licenses.

"Data Protection Laws" means all applicable privacy regulations including the General Data Protection Regulation (EU) 2016/679 and related laws governing personal data processing.

"Education License" means the License package designed for educational institutions with specific features detailed in pricing overview. Proof of eligibility is required.

"Flat Business License" is a Time-Package for Commercial Users and professional Quizmasters as detailed in pricing overview.

"Flat Private License" is a Time-Package for Private Users as detailed in pricing overview.

"Free License" means free of charge basic License package with limited features and Advertisement Content as detailed in pricing overview.

"Free User" means the individual who has signed up for a License to the Free Version.

"Host" means an individual who presents and manages a Quiz Event, controlling the flow and timing of questions as well as Participants interaction.

"License" means any License package with respective features as detailed in pricing overview.

"License Period" means the duration for which a License is valid as specified in Section 3.

"Paid License" means any License requiring payment, including Single, Flat Private, Flat Business, and Premium Licenses.

"Participant" means any individual who joins a Quiz Event through a link or code provided by a Host or simply participates passively.

"Payment Provider" means Mollie, the third-party payment service provider processing all payments for the Application.

"Premium License" means the comprehensive service package for companies and organizations, including enhanced support and custom features, as further described in detail in pricing overview.

"Private Use" means any use of kwizkid for personal, non-commercial purposes, such as playing Quizzes with family and friends in a non-business setting, without any organizational or financial benefit.

"Purchase Date" means the date when a Customer purchases a License to use any of the Paid Licenses.

"Question Types" means the various formats of questions available in the Application, including but not limited to multiple choice, free text, estimation questions, sorting questions, and image answers.

"Quiz Content" means the collection of questions, content, and interactive elements created by a Content Creator for use in a Quiz Event.

"Quiz" or "Quiz Event" means a single instance of presenting Quiz Content to Participants.

"Quiz Templates" means the collection of ready-made Quizzes created by a Content Creator for use in a Quiz Event.

"Registration" means the process of creating an Account through email verification.

"Registration Date" means the date when a Customer registers to an Account to use any of the Free or Paid Licenses and thereby agrees to these Terms.

"Services" means all Services and functionalities provided by rubberduck studio GmbH through kwizkid under these Terms, including but not limited to the Application, the Websites, and other related platforms used to access the Application.

"Single License" means the one-time hosting of a Quiz Event as further detailed in pricing overview. A Single License permits one Quiz Event only, regardless of whether the quiz content changes. Multiple presentations of Quiz Content require multiple Single Licenses OR a Flat License.

"Team" means a group of Participants engaging together in a Quiz Event.

"Terms" means these terms and conditions including any supplementary agreements between rubberduck studio GmbH and Users or Customers regarding the Services provided hereunder.

"Third Party Integration" means any external service or integration not provided by kwizkid that a User integrates with the Services.

"Time Package" means any time-limited License valid for a specific duration (monthly, quarterly, or yearly).

"User" means any individual using the Application meaning Host, Content Creator, Customer or Participant, regardless of Registration status or the License being used.

"User Data" means all data (e.g. questions, text, and pictures) including personal data, submitted by Users and Participants electronically in the use of the Application.

"Websites" means kwizkid.live and related domains or sites, including subsites or versions of them connected to supporting Application use.

1.7 These Terms apply to all Users including Business Users, Educational License Users, and Private Users. Certain provisions apply differently to various User categories as explicitly indicated throughout this document. Where a provision does not specify its application to a particular User category, it applies to all Users regardless of their category. Private Users benefit from mandatory consumer protection laws in their country of residence, which may provide additional rights beyond those set out in these Terms. Nothing in these Terms shall affect such statutory rights of Consumers.

2. User scope of responsibilities

2.1 By accepting these Terms and using the Services you must provide kwizkid with all necessary information to enable the provision of Services and fulfillment of obligations set forth herein.

2.2 You are liable for the Quiz Events you create and responsible for all Quiz Content, User Data and other data you submit to our Services. The Account owner assumes primary legal responsibility for all activities conducted through their Account, including actions by Content Creators and Hosts using their License. In cases of intellectual property violations, Terms violations, or other legal issues, the Account owner will be held primarily responsible and will be our primary point of contact for legal proceedings, regardless of whether the violation was committed by the Account owner, a Content Creator, or a Host operating under their Account License. See also section 4.2 for account management and access provisions as well as section 8.4 for detailed intellectual property compliance terms.

2.3 Technical Requirements a) kwizkid assumes no liability for your Internet connection and network used to access and use the Services. b) You are responsible for arranging and fulfilling technical requirements including appropriate equipment, web browser software, stable internet connection for Quiz Events, and ensuring User Data compatibility with the Application.

2.4 Content Responsibility a) Content Creators are fully responsible for all Quiz Content they create, including AI-Generated Content. b) Hosts are responsible for managing Quiz Event timing, flow, content appropriateness, and Participant interactions.

2.5 Users implementing Advertisement Content are solely responsible for compliance with applicable advertising laws, content appropriateness, and third-party rights.

2.6 We reserve the right to investigate and take appropriate action against (suspected) Terms violations, including removing Quiz Content, reclaiming Accounts, and reporting to law enforcement. We may disclose data when required by applicable laws, regulations, or any orders of court or competent authority or arbitral tribunal.

2.7 You declare and warrant that you possess all necessary rights, authority, and legal capacity to create Accounts and purchase Licenses under these Terms. This includes confirming that your agreement creates legally binding obligations compliant with all applicable laws, regulations, and requirements. When accessing or using the Services for business purposes, you confirm proper authorization to legally bind your organization, employer, or represented entity. Any actions taken through your Account are considered actions by you or your authorized organization, with all resulting obligations and liabilities. No additional consent from any third party is required for the validity of these Terms.

2.8 Users under the age of 16 must have parent or legal guardian consent to create an Account and use the Services. Local laws may require parental consent up to different ages - Users must comply with their applicable local regulations regarding digital consent and online services usage by minors. For educational use in schools or similar institutions, the institution is responsible for ensuring compliance with local regulations regarding the use of digital services by minors.

2.9 Users are prohibited from: a) Circumventing or disabling any security mechanisms, access controls, or platform protective features; b) Attempting to decode, reverse-engineer, or deconstruct the Application's underlying technology or source code; c) Creating or using any scripts, bots, crawlers, or automated systems designed to: - Access the Services without human interaction - Collect or harvest User information - Generate artificial traffic or interactions - Interfere with the platform's normal operation d) Intentionally imposing unreasonable computational load or network strain on the platform's infrastructure; e) Implementing any mechanism that could compromise the integrity, performance, or security of the Services.

2.10 Users acknowledge that the Services require substantial technological resources. Any actions deliberately designed to overwhelm, stress, or compromise these resources are strictly prohibited and may result in immediate License termination without refund.

2.11 Users are furthermore prohibited from: a) Commercially exploiting the Services by reselling, sublicensing, or distributing access in a manner not explicitly permitted by these Terms; b) Developing competing services or products utilizing insights gained from the platform; c) Creating multiple Accounts to circumvent License limitations or payment structures. Exceptions to the above restrictions may only be made through an explicit, written contractual agreement with kwizkid.

2.12 We reserve the right to terminate Licenses and suspend Services immediately for Terms violations or if Service provision might cause more than minor damage to kwizkid or third parties.

3. Licences, payments and refunds

3.1 Current prices for all Licenses are available at pricing overview. Prices displayed for Private Customers include VAT, while prices for Business Customers are shown excluding VAT. Additional taxes and fees may apply according to local regulations.

3.2 By clicking "Buy Now", you initiate the purchase process and will be redirected to our Payment Provider Mollie's secure checkout page. The payment process, including all payment data handling and storage, is conducted exclusively under Mollie's Terms and Conditions. The Purchase Date marks the beginning of the License Period, at which point payment for the entire period is due. For invoice payments, specific payment terms will be detailed on the invoice.

3.3 For changes between different Flat License types (e.g., from Flat Private to Flat Business), or Auto-Renew intervals, Users must contact our support team at support@kwizkid.live. Our support team will assist with the transition process.

3.4 License Periods are specified by package type as detailed in pricing overview. Time Packages run for their specified duration, while Single Licenses are valid for one Quiz Event only. Partial License Periods or refunds are not available except as specified in Section 3.6.

3.5 kwizkid reserves the right to modify License prices. Such changes will not affect active License Time Packages and apply only to future purchases or renewals. If a User has enabled auto-renewal, they will be notified of any price changes at least 30 days before the next renewal date. The new price will apply unless the User cancels their Auto-Renew before the end of the running interval. Instructions for cancellation will be provided through email or notification. If the price increase exceeds 10% of your current subscription rate, we will request your explicit consent to continue at the new rate.

If you do not cancel your subscription before the renewal date following our price change notification, your continued use of the Services at the new price will constitute your acceptance of the price change.

3.6 After License purchase completion, no refunds are provided. Contact our support team for evaluation of exceptional circumstances.

3.7 The Auto-Renew feature is entirely optional. By activating Auto-Renew, you authorize kwizkid to automatically charge your payment method for subsequent License Periods at the then-current rate. You may deactivate Auto-Renew at any time through your Account settings or by contacting Customer support under support@kwizkid.live. Cancellation must be completed before the next renewal date to avoid charges. If you cancel Auto-Renew, your access will continue until the end of your current License Period with no further charges.Expired Licenses require new purchase at current rates before Auto-Renew becomes available. Price changes will be communicated at least 30 days before automatic renewal, and cancellation is possible at any time before the next billing period.

3.8 If you have provided your consent for marketing communication, we may send you marketing emails about our services, offers, and updates. You can withdraw your consent to marketing communications at any time through:

The unsubscribe link included in every marketing email
Sending an email to privacy@kwizkid.live
Contacting us at the address provided in Section 1

Withdrawing consent to marketing communications does not affect your access to kwizkid services or any contractual relationship with us.

4. Account management and access

4.1 Free License access is granted upon successful Account Registration and acceptance of these Terms. Paid License access becomes available on the Purchase Date upon successful payment via our payment service provider Mollie. Documentation and instructions for using the Application are accessible through our website.

4.2 Accounts are strictly personal and non-transferable. Each Account may be used by one individual only. This restriction does not limit your ability to host Quiz Events for multiple Participants. Exceptions to the above restrictions may only be made through an explicit, written contractual agreement with kwizkid.

4.3 Each License grants access to features as specified in pricing overview, subject to the respective License Terms and limitations.

4.4 When registering an Account with an organizational email address, kwizkid reserves the right to inform the organization about such an Account. Organizations maintain rights to control, administer, suspend, or delete such Accounts, or downgrade them to Free Licenses. Details about this process are available in our Privacy Policy.

5. Termination

5.1 Users have the right to withdraw from the contract within 14 days of purchase. If the User has started using the Services within this period, the right to withdraw is forfeited. To exercise the right of withdrawal, Users should notify us in writing via support@kwizkid.live.

5.2 Users may terminate their License at any time by providing written notice to kwizkid. For Time Packages, no refunds will be issued for remaining periods. kwizkid reserves the right to terminate Licenses with 30 days prior notice or immediately in case of Terms violations.

5.3 Upon termination of a License, access to Services will continue until the end of the current License or Time Package period. No refunds will be provided for unused time if the License is terminated before the package expires.

5.4 Account deletion requests are processed within 14 days, resulting in permanent deletion of all associated Quiz Content and User Data unless retention is legally required.

5.5 Sections pertaining to intellectual property rights, confidentiality, liability, applicable law, and dispute resolution survive termination of these Terms.

6. Prohibited content, liability and compliance

6.1 The following sections outline prohibited uses of the Services, liability limitations, and compliance requirements. Violation of these Terms may result in immediate termination of your License without refund. Users must ensure full compliance with these provisions in addition to applicable laws and regulations.

6.2 The use of the Services for any discriminatory, harmful, dangerous, or unlawful content is strictly prohibited and will result in immediate License termination without refund. This includes but is not limited to:

Content promoting hatred, violence, discrimination, or exploitation
Content involving extremist ideologies or terrorism
Content promoting self-harm or suicide
Content mocking or degrading individuals or groups
Content involving exploitation or abuse of minors
Content promoting illegal substances or activities
Content spreading deliberate misinformation
Content involving hate speech or incitement
Content promoting dangerous or harmful behaviors
Content violating human dignity or fundamental rights
Content involving cyberbullying or harassment

Furthermore, any attempt to manipulate or abuse the Services is prohibited.

6.3 Users creating Quiz Content or hosting Quiz Events for regulated industries or age-restricted topics must comply with all applicable laws and regulations, including but not limited to youth protection laws, industry-specific regulations, and content verification requirements. This includes appropriate age verification measures and content labeling where required by law. kwizkid is not liable for any violations of these laws and regulations and will hold the Account owner fully responsible for any such violations, as outlined in Section 2.2.

6.4 kwizkid reserves the right to remove content, terminate Accounts, and take appropriate legal action against violations of these Terms. We may cooperate with law enforcement and disclose information when legally required.

6.5 kwizkid provides the technical platform only and assumes no responsibility for Quiz Content accuracy, appropriateness, or any consequences arising from its use. This includes but is not limited to educational outcomes, competition results, or business decisions based on Quiz Events.

6.6 kwizkid is not liable for any technical issues during Quiz Events, Participant behavior, prize distributions, or any financial transactions between Users and their Participants. We explicitly exclude liability for any physical or virtual events where the platform is used.

6.7 Users are responsible for ensuring compliance with professional standards, safety requirements, and industry regulations applicable to their use of the Services. This includes appropriate event safety measures, content verification, and necessary certifications or permits.

6.8 Users must comply with additional requirements specific to their sector, including but not limited to educational standards, workplace regulations, Data Protection requirements, and event management regulations.

7. Data protection and privacy

7.1 The protection of personal data is fundamental to our Services. All data collection and processing is conducted in accordance with our Privacy Policy, which forms an integral part of these Terms. These policies detail our data collection methods, processing purposes, storage practices, and security measures in compliance with Data Protection Laws.

7.2 All User Data is stored within the European Union (Frankfurt). We collect and process only data necessary for providing our Services. Our Privacy Policy contains detailed information about data handling practices, including retention periods, your rights as a data subject, and how to exercise these rights.

7.3 We never sell or grant access to personal data or User Data except as required for Service delivery under these Terms. Any data sharing with our Payment Provider or other essential service providers is governed by our Privacy Policy and conducted in compliance with Data Protection Laws.

7.4 When using Third Party Integrations with our Services, your use is subject to the respective provider's Terms and privacy policies. kwizkid assumes no liability for Third Party Integrations, including their security, functionality, operation, availability, or data handling practices. Information about data management in connection with Third Party Integrations is detailed in our Privacy Policy.

7.5 kwizkid acts solely as a platform for hosting Quiz Events and does not process personal data on behalf of Business Customers. All data collected by Business Customers, including but not limited to personal data of Participants, is the responsibility of the Customer. Business Customers are considered the data controller, and kwizkid does not assume any responsibility for the management or processing of personal data. Customers must ensure compliance with applicable Data Protection Laws when collecting, storing, and processing personal data.

7.6 Users collecting Participant data during Quiz Events must inform Participants about data collection, ensure legal basis for processing, and handle all data in compliance with Data Protection Laws. This includes obtaining necessary consents and providing transparency about data usage.

7.7 Educational institutions utilizing the Services for processing student data are subject to additional Data Protection requirements. These specific obligations and compliance requirements are detailed in our Privacy Policy.

7.8 In the event of data breaches affecting User Data, kwizkid will follow notification procedures as outlined in our Privacy Policy and required by Data Protection Laws. Users will be informed according to legal requirements and our incident response protocols.

8. Intellectual property and licencing

8.1 All rights, title, and interest in the Services, including all intellectual property rights, remain with rubberduck studio GmbH. This includes but is not limited to software, design, trademarks, and documentation.

8.2 Quiz Content ownership and rights remain primarily with the Account owner, regardless of whether the content was created by the Account owner, a Content Creator, or a Host operating under their License. By using the Services, Account owners grant kwizkid a non-exclusive, worldwide license to host, store, and display Quiz Content as necessary for Service provision.

8.3 AI-Generated Content is provided for use within the Services only. Users receive a non-exclusive right to use such content for Quiz Events, without claiming ownership of the underlying AI technology.

8.4 Users warrant that their Quiz Content does not infringe third-party rights including but not limited to copyrights, trademarks, licensing rights and indemnify kwizkid against related claims. Users are solely responsible for obtaining all necessary licenses, permissions, and rights for any third-party content incorporated into their Quiz Content, including but not limited to:

Images, photographs, and graphics
Music, sound recordings, and audio clips
Video clips and film excerpts
Text excerpts, quotes, and literary works
Trademarks, logos, and brand elements

This responsibility applies to all Users regardless of License type, though Business Users should be particularly vigilant about compliance with commercial licensing requirements.

8.5 If a third party notifies us of potential intellectual property rights infringement, kwizkid will take reasonable measures to address the concern. If resolution would entail unreasonable costs, kwizkid reserves the right to limit or terminate the affected Services.

8.6 When Participants upload images or other content as part of Quiz Events, they retain ownership of such content but grant kwizkid a time-limited license to store, display, and process this content as necessary for Quiz Event operation. Participant-uploaded content will be automatically deleted after 30 days. Participants are responsible for ensuring they have the right to share any images or content they upload. By uploading content, Participants represent that such sharing does not violate any third-party rights. Detailed information about how Participant data and uploaded content is processed, stored, and secured can be found in our Privacy Policy.

9. Liability and indemnification

9.1 Nothing in these Terms excludes or limits our liability for damages caused by fraud or wilful misconduct by kwizkid or any liability that cannot be excluded by law.

9.2 kwizkid's total aggregate liability under these Terms is limited to the amount of fees paid for the Services in the twelve months preceding the incident giving rise to the claim. Users of Free Licenses are not entitled to compensation.

9.3 kwizkid shall not be liable for consequential damages, lost profits or revenue, data loss, third-party claims, or damages arising from User Content violations. This limitation applies regardless of whether such liability is based on breach of contract, tort, or any other legal theory.

9.4 Users agree to indemnify and hold kwizkid harmless from any claims, damages, or expenses arising from:

Terms violations
Quiz Content
Law violations
Intellectual property infringement
Participant disputes
Use of AI-Generated Content
Advertisement Content
Third Party Integration usage

9.5 Users of Business and Premium Licenses must maintain appropriate liability insurance coverage throughout their License Period.

10. Service functionality and fault management

10.1 The Services are provided "as is" and "as available", without warranties of any kind, either express or implied. While we strive to provide uninterrupted service, we cannot guarantee error-free operation or continuous availability. However, in the case of significant disruptions or faults, we will make reasonable efforts to restore service promptly. Please note that we cannot exclude liability for major faults or those caused by our own negligence.

10.2 kwizkid will make commercially reasonable efforts to rectify significant Service faults promptly, including third-party issues, and restore full functionality. A fault constitutes a deviation from the Service description or a major failure that impacts your ability to use the platform. Minor faults that do not significantly affect the use of the Service may be excluded from liability.

10.3 Users must report faults within 24 hours of discovery, to help us address the issue. Critical faults should be reported as soon as practicable.

10.4 In the event of service interruptions or delays caused by a fault, compensation will be provided for significant disruptions that materially impact your ability to use the Service. For Business Users: Compensation will be provided for faults that persist beyond 48 hours despite commercially reasonable efforts by kwizkid to resolve the issue promptly. For Private Users: Compensation will be proportional to the duration and severity of the disruption for significant faults that persist beyond 12 hours. To receive compensation, service disruptions must be reported within 24 hours of discovery.

Paid Customers with active Licenses may receive a reduction in License fees, proportional to the duration and severity of the fault.
For Single License Users who are unable to conduct a planned Quiz Event due to service disruption, have the right to request a full refund.
Free License Users are not entitled to compensation.
For Business Users conducting critical events with multiple Participants, special compensation may apply as determined by our support team based on the severity and impact of the disruption except for limitation outlined in 10.5.

Our total liability for service disruptions shall not exceed the amount paid for the specific License used for the affected service period or event.

10.5 While kwizkid will provide compensation for Business Customers as outlined in section 10.4, our total liability for business event disruptions shall not exceed the amount paid for the specific License used for the affected event. kwizkid specifically excludes liability for:

Consequential or indirect losses
Loss of anticipated savings or business opportunities
Costs for alternative entertainment or activities
Third-party venue rental costs or cancellation fees
Lost profits, revenue, or business interruption
Reputational damage or goodwill

Business Users are advised to:

Maintain appropriate business interruption insurance for important events
Test the service in advance of critical business events
Have a contingency plan in place for technical difficulties
Consider Premium Licenses which include priority support

10.6 kwizkid reserves the right to perform maintenance, updates, and testing that may cause temporary disruptions. We will provide reasonable notice for substantial changes that affect Service availability, and will always strive to minimize disruptions. Maintenance or disruptions due to third-party providers, such as hosting providers, are outside our control and are not subject to compensation, though we will make reasonable efforts to mitigate these disruptions.

11. Force majeure

11.1 Neither party shall be liable for failure or delay in performing obligations under these Terms when such failure results from circumstances beyond reasonable control. Such circumstances include natural disasters, government actions, war, civil unrest, cyber attacks, infrastructure failures, pandemics, and labor disputes.

11.2 The party affected by force majeure shall promptly notify the other party and take reasonable steps to minimize impact and resume performance. If force majeure conditions persist for more than 90 days, either party may terminate these Terms with written notice.

11.3 During force majeure events, kwizkid will maintain appropriate security measures and Data Protection standards, even if normal service levels cannot be maintained.

11.4 Upon termination due to force majeure, kwizkid will assist Users in retrieving their Quiz Content and User Data where technically feasible.

12. General Provisions

12.1 These Terms may be modified with 30 days prior notice through email or notification. Continued use constitutes acceptance of modified Terms. Changes will not affect rights and obligations arising before the modification date.

12.2 Users may not assign rights or obligations under these Terms. kwizkid may assign rights to affiliates or successors.

12.3 Notices to Users are provided via email or Application notifications. Notices to kwizkid must be sent to support@kwizkid.live.

12.4 These Terms are governed by Austrian law. For Business Users, exclusive jurisdiction lies with courts in Vienna, Austria. For Private Users, jurisdiction is determined according to applicable consumer protection laws in their country of residence.

12.5 If any provision of these Terms becomes invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely aligns with the original intent, as far as permissible under applicable law.

12.6 These Terms, together with referenced policies, constitute the entire agreement between the parties regarding Service use and supersede all prior agreements. However, nothing in these Terms limits any statutory rights you may have under applicable consumer protection laws.

12.7 Clarified that waivers of rights need to be in writing (which is standard practice) but also specified that waivers must comply with applicable consumer laws.

12.8 These Terms, together with all referenced policies and any Order Confirmation Mail, constitute the complete agreement between parties regarding Service use and supersede all prior agreements or representations. Any Terms in a Customer's purchase order or other ordering documentation are void unless explicitly agreed in writing. In case of conflicts between documents, the order of precedence is: (1) Order Confirmation Mail, (2) these Terms, (3) referenced policies.

12.9 We value our relationship with all Users and are committed to resolving any disagreements in a friendly, fair, and efficient manner. We encourage open communication and will always make a good faith effort to address your concerns promptly. Before initiating formal proceedings, both Private Users and Business Users agree to attempt informal dispute resolution by contacting kwizkid at legal@kwizkid.live. Most issues can be resolved through this collaborative approach. If the dispute remains unresolved after 15 days of good-faith discussion, either party may proceed with formal action as outlined below.

For Private Users: If you are using our Services as a Private User, you have the right to resolve any dispute related to these Terms before the courts of your country of residence. Alternatively, you may choose to use the European Commission's Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr) or participate in voluntary arbitration if you prefer.
For Business Users: Any dispute arising from or related to these Terms that cannot be resolved informally will be resolved through binding arbitration, rather than in court. The arbitration will take place in Vienna, Austria, and will be conducted in German or English at the election of the Business User. The process will be confidential.

13. AI services and data processing

13.1 The Services include AI-powered features using technology provided by OpenAI Ireland Ltd ("OpenAI"). These features require explicit activation and are disabled by default.

13.2 By activating and using AI features, you acknowledge that Quiz Content data you specifically enter into the AI feature may be processed by OpenAI solely for generating Quiz Content. No personal User Data is shared with OpenAI.

13.3 You maintain control over AI features and may deactivate them at any time. We reserve the right to modify or discontinue AI features and make no representations regarding their accuracy or quality.

13.4 Use of AI features must comply with both our Terms and Conditions and Privacy Policy. All AI-Generated Content is provided "as is" without warranty, and your use is at your own risk.

13.5 By using AI features, you agree to be bound by OpenAI's terms and conditions. kwizkid assumes no liability for AI features, and you acknowledge that any output obtained through these features is at your sole risk.

14. Development and pre-release services

14.1 kwizkid may offer Services in development, testing, or evaluation phases. These may include alpha versions, beta versions, or early access features. We determine the scope, availability, and duration of such offerings at our discretion.

14.2 Development and pre-release Services are optional and provided "as is" without warranty. Users are not required to participate in testing or evaluation phases.

14.3 Additional terms and conditions may apply to development and pre-release Services. Users will be informed of such terms prior to activation or participation.

14.4 kwizkid reserves the right to modify, suspend, or discontinue any development or pre-release Services without prior notice.

15. Participant terms

15.1 Participants engage with kwizkid Services without requiring Account Registration. The following sections of these Terms specifically apply to Participants:

Section 2 (User Scope of Responsibilities)
Section 6 (Prohibited Content, Liability and Compliance)
Section 7 (Data Protection and Privacy)
Section 9 (Liability and Indemnification)
Section 12 (General Provisions)

15.2 By joining a Quiz Event, Participants accept these Terms to the extent applicable to their participation. Participation may be active through direct interaction or passive through viewing only.

15.3 Participants must comply with Host instructions and Quiz Event rules while maintaining appropriate conduct during participation.

15.4 kwizkid reserves the right to remove Participants from Quiz Events for Terms violations or inappropriate behavior.

16. Indipendent contractors

16.1 Unless documented in dedicated written agreements, the relationship between kwizkid and Users is that of independent contractors. No joint venture, partnership, employment, agency, or fiduciary relationship exists between kwizkid and any User through the acceptance of these Terms or use of the Services.

16.2 Neither party has the authority to bind the other or create obligations on the other's behalf. Each party assumes responsibility for its own actions, employees, and obligations.

16.3 Users operating in professional or business capacity acknowledge that they act independently of kwizkid and are solely responsible for their business operations, tax obligations, and regulatory compliance.

17. Confidentiality

17.1 Both parties agree to maintain confidentiality regarding any sensitive information received from the other party. Confidential information includes technical, commercial, and other data, whether documented or not.

17.2 Confidential information may only be disclosed when necessary to:

Defend against litigation
Comply with laws or regulations
Follow court orders
Meet requirements of competent authorities
Fulfill contractual obligations under these Terms

17.3 Confidentiality obligations do not apply to information that:

Is publicly available
Becomes public through no fault of the receiving party
Was known prior to disclosure
Is rightfully received from third parties
Is disclosed with prior written consent

17.4 Confidentiality obligations continue throughout the License Period and for two years thereafter.

Last Update: March 25, 2025