Privacy Policy and Terms of Service
Last modified: February 24, 2025
Introduction
This Terms of Service (“Agreement”) is made and entered into by and between:
New Explorers Educational, INC (“Company”), a corporation organized under the laws of British Columbia, with its principal place of business located at 230 1210 Summit Drive, Kamloops, V2C 6M1, BC, Canada,
and
You (“User”), an individual end-user of the Quizly AI software application. The Company and the User are collectively referred to as the “Parties.”
1. Definitions
1.1 “Software” refers to the Quizly AI application, including all associated services, features, and content provided by New Explorers Educational, INC.
1.2 “User” (also “You”) refers to the individual (student) who uses the Software.
1.3 “Personal Information” refers to any information that identifies an individual User, including but not limited to first name, last name, date of birth, email address, password (if applicable), and gender.
1.4 “User-Generated Content” refers to all content created by Users within the Software, including but not limited to audio recordings, transcriptions, multiple-choice questions (MCQs), and any other content generated through the use of the Software.
1.5 “Previously Copyrighted Materials” refers to any content, such as books, articles, slides, or other materials, that are copyrighted by third-party authors and may be used by Users within the Software.
1.6 “Third-Party Services” refers to external services, including APIs such as OpenAI, used by the Software to provide certain functionalities, including but not limited to transcribing audio to text and generating MCQs.
1.7 “Agreement” refers to this Terms of Service and any amendments, addendums, or schedules hereto.
1.8 “Term” refers to the duration of this Agreement, as specified in Section 8 or until terminated by either Party under the terms stated herein.
1.9 “Confidential Information” refers to all non-public information disclosed by the Company to the User (or vice versa) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
2. Scope of Agreement
2.1 Provision of Software
The Company provides the Quizly AI Software via the Apple App Store, Google Play Store, or other distribution methods. By downloading, installing, accessing, or using the Software, You agree to be bound by the terms of this Agreement.
2.2 Access and Usage
You are responsible for obtaining and maintaining the devices, internet connections, and any other hardware or software necessary to access and use the Software. The Company grants You a limited, non-exclusive, non-transferable, revocable license to use the Software for personal and educational purposes.
2.3 Compliance with Laws
You agree to use the Software in compliance with all applicable laws and regulations, including those related to data privacy and intellectual property.
2.4 Modification of Services
The Company reserves the right to modify, update, or discontinue any aspect of the Software at its discretion. The Company will provide reasonable notice to Users of any material changes that may affect Your use of the Software.
2.5 Support Services
The Company may provide customer support via email, helpdesk, or other channels. The scope and availability of support services may vary and are subject to the Company’s discretion.
2.6 Data Usage and Retention
The Company will collect, use, and retain data as outlined in Section 4 of this Agreement. By using the Software, You acknowledge that the Company may use third-party services to process data and that the Company is not obligated to disclose the specific third-party services used.
2.7 Limitation of Use
The Software is intended primarily for personal and educational purposes. Any misuse may result in termination of access as outlined in this Agreement.
3. User Obligations
3.1 Appropriate Use
You agree to use the Software solely for educational or personal study purposes, such as creating audio recordings of course materials and generating MCQs. You must not use the Software for any unlawful or unauthorized purposes.
3.2 Prohibited Activities
You are expressly prohibited from engaging in the following activities:
3.2.1 Reverse Engineering: Attempting to reverse engineer any prompts used by the Quizly AI API or any part of the Software, including communications with third-party APIs such as OpenAI.
3.2.2 Unauthorized Access: Recording audio notes or taking any action designed to extract or reveal information about the Software’s underlying systems, including prompts, data structures, or integration practices.
3.2.3 Inappropriate Content: Recording audio notes that contain abusive, hateful, or otherwise inappropriate content directed at any individual or group.
3.2.4 System Manipulation: Attempting to manipulate the Software by artificially accelerating the pace of audio recordings or otherwise tricking the system to bypass established controls.
3.2.5 Resource Misuse: Engaging in activities that cause system overload or excessive expenses for the Company or other Users.
3.2.6 Intellectual Property Infringement: Attempting to copy or reproduce any part of the Software or related systems that are the Company’s intellectual property.
3.2.7 Content Restrictions: Creating or sharing audio recordings that contain Previously Copyrighted Materials for which You do not possess the appropriate license or authorization.
3.3 Account Security
You are responsible for maintaining the security of Your account and must not share Your login credentials with others. If You suspect that Your account has been compromised, You must immediately notify the Company at support@quizly.ca.
3.4 Consequences of Violations
Any violation of these obligations may result in the termination of Your access to the Software, as detailed in Section 8 (Termination Rights). The Company reserves the right to pursue legal action to recover damages resulting from such violations.
3.5 Age Requirement
The Software is intended for individuals aged 13 years or older. By using the Software, You represent and warrant that You meet this age requirement. If You are under 18, You represent that You have obtained permission from a parent or legal guardian to use the Software.
4. Data Collection, Usage, and Retention
4.1 Data Collection
4.1.1 Personal Information: The Company may collect Personal Information such as Your name, date of birth, email address, and password to create and maintain Your account.
4.1.2 Audio Recordings: The Software may collect audio recordings created by You, which are stored temporarily on the Company’s servers for processing.
4.1.3 Technical Data: The Company may collect technical data (e.g., device information, IP addresses, usage logs) to ensure security and performance.
4.2 Data Usage
4.2.1 Personalized Experience: Collected data is used to provide a personalized experience, including the creation of customized MCQs.
4.2.2 Analytics and Reporting: The Company may use aggregated and anonymized data to generate analytics and improve the Software.
4.2.3 Communications: The Company may send You product updates or other relevant information. You may opt out by following the unsubscribe link in these communications.
4.3 Data Sharing
4.3.1 Third-Party Services: Audio recordings and their transcriptions may be shared with third-party APIs (e.g., OpenAI) for functions like transcribing audio and generating MCQs. By using the Software, You agree to the privacy policies of these third-party services.
4.3.2 Compliance with Legal Requests: The Company may share Personal Information as required by law or in response to lawful requests by public authorities.
4.3.3 User Access: You may request access to certain data in compliance with privacy laws and regulations.
4.4 Data Retention
4.4.1 Retention Period: Data is retained as long as You maintain an active account.
4.4.2 Backup Data: Data may be retained in backups even after account deactivation and is deleted gradually as old backups are replaced.
4.4.3 Deletion Upon Termination: Once You deactivate Your account or request data deletion, the Company will process Your data in accordance with the policies herein.
4.5 User Rights
4.5.1 Account Deactivation: You may request account deactivation by contacting support@quizly.ca.
4.5.2 Opting Out of Communications: You may opt out of Company emails at any time by following the unsubscribe link.
4.5.3 Access to User-Generated Content: You may access Your User-Generated Content while Your account is active. Upon account deactivation, You will no longer have access to Your data within the Software.
5. User-Generated Content and Intellectual Property Rights
5.1 Ownership of User-Generated Content
All User-Generated Content (e.g., transcriptions, generated questions, answers) becomes the property of the Company at the time of creation, except as specified in Section 5.2. This ownership includes all intellectual property rights, excluding any underlying Previously Copyrighted Materials.
5.2 Previously Copyrighted Materials
When an audio note or transcription is an exact quote of a Previously Copyrighted Material, the copyrights remain with the original author. You are responsible for ensuring You have the necessary rights or licenses to use such materials. Any derived content (e.g., MCQs) is owned by the Company, though such ownership does not extend to the underlying copyrighted material itself.
5.3 License to Use User-Generated Content
The Company grants You a non-exclusive, royalty-free, non-transferable license to use, share, copy, and reproduce Your User-Generated Content strictly for personal and educational purposes. This license does not include the right to sublicense or distribute User-Generated Content outside this educational context.
5.4 Copyright Compliance
You are responsible for ensuring that any materials You record, transcribe, or share do not infringe on third-party intellectual property rights. The Company disclaims liability for any misuse of copyrighted materials.
5.5 Sharing User-Generated Content
When You share questions or transcriptions with others, the recipients do not acquire ownership of the content. They may only use such content within the boundaries of personal or educational usage and must comply with all applicable copyright laws.
5.6 Prohibited Use of User-Generated Content
You may not use or distribute User-Generated Content in ways that violate this Agreement, copyright laws, or the rights of others.
6. Prohibited Activities
6.1 Reverse Engineering
You may not attempt to reverse engineer, decompile, or disassemble any part of the Software, including prompts used by the Quizly AI API or third-party services.
6.2 Unauthorized Access
You may not record audio notes or engage in activities designed to expose the Software’s underlying systems, prompts, or data structures.
6.3 Inappropriate Content
You may not upload or share content that contains abusive, hateful, or otherwise objectionable material directed at any individual or group.
6.4 System Manipulation
You are prohibited from manipulating the Software (e.g., artificially accelerating audio recordings) to bypass established controls.
6.5 Resource Misuse
Activities causing system overload, downtime, or excessive expenses to the Company or other Users are prohibited.
6.6 Intellectual Property Infringement
You may not copy, distribute, or create derivative works from any part of the Software or related systems that are owned by the Company.
6.7 Content Restrictions
You may not create or share audio notes that contain Previously Copyrighted Materials unless You have authorization to do so.
6.8 Security Vulnerabilities
You must report any discovered security vulnerabilities to support@quizly.ca and may not publicly disclose or exploit them.
6.9 User Interference
You may not engage in activities that disrupt or prevent other Users’ access to or use of the Software.
6.10 Additional Prohibited Activities
The Company may designate additional prohibited activities at any time, with or without notice, if such activities are deemed harmful. Any new prohibitions become effective immediately and are enforceable as if they were originally included in this Agreement.
7. Liability and Disclaimers
7.1 Limitation of Liability
To the fullest extent permitted by law, the Company is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, arising out of or in connection with Your use of (or inability to use) the Software.
7.2 Disclaimer of Warranties
The Software is provided on an “as-is” and “as-available” basis. The Company disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Software will be uninterrupted, secure, or error-free.
7.3 Indemnification
You agree to indemnify, defend, and hold the Company harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) Your use of the Software,
(b) Your breach of any term of this Agreement,
(c) Your unauthorized use of Previously Copyrighted Materials, or
(d) Any claim that Your User-Generated Content infringes on the intellectual property rights of a third party.
7.4 No Guarantee of Results
The Company makes no guarantee regarding any academic or other results that may be achieved through the use of the Software.
7.5 Compliance with Laws
You are responsible for ensuring that Your use of the Software complies with all applicable local, provincial, federal, and international laws and regulations.
7.6 Force Majeure
The Company is not liable for any failure or delay in its obligations under this Agreement due to events beyond its reasonable control, such as natural disasters, war, terrorism, strikes, governmental actions, or other force majeure events.
8. Termination Rights
8.1 Termination by the Company
The Company may terminate this Agreement and Your access to the Software:
8.1.1 Immediately if You violate any terms of this Agreement,
8.1.2 With 30 days’ written notice for any reason, even if You have not breached this Agreement.
8.2 Termination by the User
You may terminate this Agreement at any time by ceasing to use and uninstalling the Software. If You have a paid subscription, refer to Section 10 regarding refunds or charges.
8.3 Effect of Termination
8.3.1 Cessation of Access: Upon termination, You will lose access to the Software.
8.3.2 Data Retention: Your Personal Information and User-Generated Content will be handled in accordance with Section 4.4.
8.3.3 Financial Obligations: Termination does not release You from any financial obligations accrued up to the date of termination.
8.3.4 User-Generated Content: You will no longer have access to Your User- Generated Content through the Software after termination, although content previously stored on Your own devices remains in Your possession.
8.4 Survival of Terms
Provisions that by their nature should survive termination (including but not limited to Sections 5, 6, 7, and 9) shall remain in effect.
9. Dispute Resolution
9.1 Governing Law
This Agreement is governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to conflict-of-law principles.
9.2 Negotiation and Mediation
In the event of a dispute, the Parties agree to first attempt good-faith negotiations. If unresolved within 30 days, the Parties may pursue mediation.
9.3 Arbitration
If mediation fails, disputes shall be settled by binding arbitration in British Columbia, Canada, in English, under the Arbitration Act of British Columbia. Each Party shall bear its own costs, and the Parties shall share the arbitrator’s fee equally, unless the arbitrator awards costs.
9.4 Injunctive Relief
Either Party may seek injunctive or equitable relief from a court of competent jurisdiction to prevent unauthorized use of the Software or to address intellectual property violations.
9.5 Exclusive Jurisdiction
Subject to the arbitration clause, any legal action arising out of or relating to this Agreement shall be brought exclusively in the courts of British Columbia, Canada.
10. Financial Obligations
10.1 Fees and Payment Terms
If the Software or certain features are offered on a paid subscription or one-time purchase basis, You agree to pay the Company all applicable fees. Payment terms and pricing details will be presented at the time of purchase or subscription.
10.2 Invoicing and Payment
Where applicable, charges may be billed automatically via the payment method You provide (e.g., Apple App Store, Google Play Store, or credit card). You must ensure that all payment information is accurate and up-to-date.
10.3 Taxes
Any applicable sales tax (e.g., PST, GST, VAT) may be added to the charges. You are responsible for paying all taxes associated with Your purchase, in accordance with applicable laws.
10.4 Refunds and Credits
Refunds, if any, are provided solely at the Company’s discretion, unless required by law. Any credits granted will be applied to future charges unless otherwise specified by the Company.
10.5 Currency
Unless otherwise stated, all prices are in Canadian dollars (CAD). If prices are listed in another currency, the Company will specify this clearly.
10.6 Suspension of Services
The Company reserves the right to suspend or terminate Your access to the Software if payment is not made when due or if payment information is invalid.
11. Miscellaneous
11.1 Entire Agreement
This Agreement constitutes the entire understanding between You and the Company, superseding all prior or contemporaneous agreements related to the Software.
11.2 Amendments
The Company may amend this Agreement from time to time. Amendments will be posted or communicated to You, and Your continued use of the Software after the effective date of any amendment constitutes acceptance of the revised terms.
11.3 Assignment
You may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of the Company. The Company may assign this Agreement without restriction.
11.4 Severability
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.
11.5 Waiver
No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of the same term or any other term. Any waiver must be in writing and signed by the waiving Party.
11.6 Notices
All notices and communications shall be in writing and deemed given when delivered by email to support@quizly.ca (for the Company) or the email address You provide when creating Your account (for You). Notice is effective on the date of transmission, provided no bounce-back or similar error is received.
11.7 Relationship of the Parties
The Parties are independent contractors. Nothing herein creates a partnership, joint venture, agency, or employment relationship. Neither Party may bind the other without written consent.
11.8 Headings
Section headings are for reference only and do not affect the interpretation of this Agreement.
11.9 Electronic Signatures and Counterparts
This Agreement may be accepted electronically (e.g., by downloading or using the Software). Acceptance of this Agreement in such manner constitutes valid consent and creates a binding legal agreement.
By downloading, installing, accessing, or using the Quizly AI Software, You acknowledge that You have read, understood, and agree to be bound by the terms of this Agreement. If You do not agree, You must cease use of the Software immediately.