Last updated on May 2023
These Terms of Use ("Terms") apply to the Kwizie service, and other related content (the "Service") operated by Kwizie Oy (“Kwizie”, "us", "we", or "our"). Please read the Terms carefully before using the Service.
Kwizie is SaaS platform that effortlessly transforms YouTube videos into engaging gamified quizzes, delivering an enriched interactive experience to otherwise passively consumed content.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
If you, as a user, create user accounts in the Service for your students, you shall be responsible for advising your students of the relevant obligations set out in these Terms (including, without limitation, obligations related to usernames and passwords), and for ensuring that your students, on their part, comply with these Terms.
If you are a student using this tool inside a formal institution (e.g. School), your right to access and use the Service is provided based on your teacher’s acceptance of these Terms.
The Kwizie Platform’s Privacy Policy (https://www.kwizie.ai/privacy-policy) informs and helps you understand what personal data we collect in connection with the Service, and how personal data is otherwise processed.
In addition, the Data Protection Appendix attached to these Terms shall apply when Kwizie acts as a processor with respect personal data included in the content you submit to the Service and processes such personal data on your behalf.
What is the Minimum Age Kwizie can be Used?
Because Kwizie integrates YouTube, Kwizie is restricted to users 13 years old and above, as dictated by the Term's of Service by YouTube and the Children's Online Privacy and Protection Act (COPPA). Permission by a parent or legal guardian is required for users younger than 13.
Right to Use the Service and Related Obligations
Subject to your compliance with these Terms and payment of the applicable fees, Kwizie grants to you a limited, non-exclusive, non-sublicensable, non-transferable and revocable right to access and use the Service solely for the purpose it is intended for. You may not use any part of the Service for any purpose other than the permitted use of the Service.
You shall not sell, rent or give away your right to use or access the Service, create a user account by using a false identity or information, or on behalf of someone other than yourself or the entity you represent.
You may not use any technological or other means (such as bugs, viruses, malware or glitches in the Service, or by using third party tools or software) to use the Service in a way that interferes with or disrupts the Service. You also agree that you will not use the Service for fraudulent or abusive purposes or attempt to decompile, reverse engineer, disassemble or hack any part of the Service, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by the Service or circumvent technological measures designed to control access to the Service. You may not purchase, use, or access the Service for the purpose of building a competitive product or service.
Registration, Account and Security
Some parts or features of the Service require registration. When you register, you will create a personal user account with a username and password. You must provide us with correct personal and other information if such information is required and keep the information up-to-date. You should protect your username and password against misuse and keep them personal and confidential. You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You must promptly notify us about any unauthorized access or use. You agree that you are personally responsible for the use of your user account, and for all of the communication and activity in connection with the Service.
If you, use the service as a educator, provide to us personal data related to your students for the purpose of Service registration, you shall be responsible for making the required notifications and informing the students in accordance with the applicable law, and the acquisition of required consents.
Fees
Certain standard version of the Service is provided free-of-charge, while the premium version of the Service (“Premium Version”) requires payment of relevant service fees before it can be accessed.
Once the payment for the Premium Version has been made, the right to use the Premium Version shall be in force for the time period selected and as set out in the Service description.
The Premium Version can be purchased by the users themselves or by an organization or legal entity on behalf of its users. The right to use the Premium Version is personal, and is granted only for the users paid for.
We shall have the right to decline or cancel your order(s). A legally binding agreement shall not come into existence until we have accepted your offer to purchase the Premium Version by means of a separate confirmation email or other in written documentation from us. We will provide you with access to the Premium Version after we have confirmed your order by email, and you have paid the applicable fees.
If your access to the Premium Version is terminated, no fees will be returned, and all accrued and unpaid fees will be charged.
Kwizie has the right to change the fees for its Services, at any time and at its sole discretion. Kwizie will inform you in advance of the changed fees. By continuing the use of the Service or making new payments you will be deemed to have accepted such a change in the fees. Kwizie has the right to appoint payment service providers to receive payment of fees on behalf of Kwizie.
Content and Intellectual Property Rights
All rights, title and interest in and to the Service (including the related software and media), the design of the Service and associated content including text, computer code, scripts, graphics, interactive features and the like, and the trademarks, service marks, logos and any other intellectual property rights contained therein are owned by or licensed to Kwizie. Using the Service does not give you ownership of or any other rights to any intellectual property in the Service or the content you access, if not expressly otherwise stated in these Terms.
The Service displays information and materials submitted both by us and the users. When using the Service, you must evaluate the content in the Service carefully and bear all risks related to any content and take full responsibility for the use of any content in the Service.
The Service may include workspaces where you may communicate and collaborate with other users. You may not record or save by any means or in any format the content made available to you through such workspaces or upload, copy, or transfer such content to a different service or platform.
The Service may allow you to submit content to the Service. When you submit content to the Service, you are solely and entirely responsible for content you upload, post, transmit, store or otherwise make available through the Services, and you agree not to submit any unlawful content, content violating any intellectual property rights, content containing any viruses or harmful code or otherwise inappropriate content. This responsibility continues even if you stop using our Service. You agree that the content is non-confidential. You will not take action against us in relation to content that you submit, and you agree to indemnify us if any third party takes action against us in relation to the content you submit. For the avoidance of doubt, private messages shall not be publicized, without your consent.
As between you and us, you retain all intellectual property rights and title to the content you submit to the Service. When you submit content to the Service, you grant Kwizie a worldwide, perpetual, fully paid up and unlimited license to use, store, reproduce, modify, create derivative works, communicate, publish, distribute and otherwise utilize such content for the purpose of providing the Service, and the right to assign such rights. This license continues even if you stop using our Service. You represent and warrant that you have the legal right to grant these rights to Kwizie; please make sure you have all the necessary rights to grant Kwizie this license to the content you submit to the Service.
Kwizie may monitor any content in the Service, and we may moderate, remove or refuse to display any content in the Service at our sole discretion. This does not mean that we necessarily review any content, so do not assume that we do. You acknowledge that use of the Service (including submitting content) may be subject to certain laws, regulations, conditions and restrictions. You must ascertain and comply with such laws, regulations, conditions or restrictions and reasonably ascertain that any content submitted by you does not contain material that is illegal, obscene, indecent, defamatory, threatening, harassing, impersonates another person, incites religious, racial or ethnic hatred, or violates the intellectual property and/or other rights of others; or that it does not contain viruses or other malicious or harmful code.
Kwizie respects the intellectual property rights of others. In accordance with applicable laws, we strive to expeditiously remove any infringing material from our site. If Kwizie becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.
If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement to support email at support@kwizie.ai. The notification shall include: 1) the name and contact information of the notifying party; 2) an itemization of the material, for which prevention of access is requested, and details of the location of the material; 3) confirmation by the notifying party that the material which the request concerns is, in its sincere opinion, illegally accessible in the communications network; 4) information concerning the fact that the notifying party has in vain submitted its request to the content provider or that the content provider could not be identified; 5) confirmation by the notifying party that he/she is the holder of copyright or neighboring right or entitled to act on behalf of the holder of the right; 6) signature of the notifying party.
Availability, Support and Maintenance
We use reasonable efforts to ensure that the Service is available 24 hours a day 7 days a week, but we cannot promise that access to the Service will be uninterrupted or error free. There may be occasions when access to the Service is interrupted due to e.g. regular Service maintenance. Other than the stated minimum technical specification, we do not make any commitment that the Service will be compatible with or operate with your software or hardware.
Free support assisting in the use of Service is provided, at our sole discretion and without any warranties or service level guarantees for response times, by email. Contact support@kwizie.ai for assistance.
Whilst we try to ensure that the Service do not contain any errors, defects, malfunctions or corruptions, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Service or any materials made available via the Service.
Third-Party Content and Links to Other Services
The Service may contain third-party content and links to third-party websites or services that are not owned or controlled by Kwizie and enable you to access and use certain third-party services.
Kwizie has no control over and assumes no responsibility for the functionality, content, privacy policies, or practices of any third-party content, websites or services. Use of any such content, websites or services operated by third parties shall be subject to the relevant third-party’s terms and conditions applicable to such use. Kwizie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
Data Security
Kwizie takes appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of the data included in the Service. Kwizie uses various technologies and protocols to ensure high security standards. However, the use of internet services always includes security risks. You are always liable for all your own equipment, internet connectivity and software as well as that they do not cause harm to us and/or third parties.
Termination
The license to use the Services granted to you under these Terms remains in effect until the access to the Service is terminated by you or Kwizie. You may stop using our Service at any time. We may terminate or suspend access to our Service immediately if you breach these Terms or fail to make any payments hereunder. Your right to use the Premium Version terminates upon the end of the applicable subscription period.
Upon termination in accordance with these Terms for any reason, you must cease all use of the Service. Your termination of the license for any reason shall not release you from any liabilities or obligations set forth in these Terms.
You can extract the content stored by you in the Service at any time when your use rights to the Service are in effect. In case you wish to extract such content after your right to use the Service has been terminated, we may agree to assist you in the same at an additional cost.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.
You acknowledge and accept that the cancellation of the license is your sole right and remedy with respect to any dispute related to using the Services.
Kwizie may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services.
Disclaimers and No Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. KWIZIE AND ITS AFFILIATES AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KWIZIE AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU FROM THE SERVICE WILL BE ACCURATE; AND (IV) THE SERVICE WILL BE ERROR-FREE. ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
Indemnities
You agree to indemnify and hold harmless Kwizie and its affiliates and licensors from and against any and all third party claims and all liabilities, assessments, losses, costs or damages, including reasonable attorneys' fees, resulting from or arising out of (a) any content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these Terms; or (d) your actual or alleged violation of any third party rights. This obligation shall survive the termination or expiration of these Terms and/or your use of the Service. Kwizie reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.
Limitation of Liability
KWIZIE AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF KWIZIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). KWIZIE'S LIABILITY, IF ANY, SHALL NO EVENT EXCEED THE GREATER OF 1) THE AMOUNT WHICH YOU PAID TO KWIZIE FOR THE SERVICE DURING THE LAST 6 CONSECUTIVE MONTHS BEFORE THE CLAIM, OR 2) EUR 100. THE LIMITATIONS OF THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Force Majeure
Kwizie shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Kwizie, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Kwizie’s control such as war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Changes
Kwizie may change the Service by adding, modifying or removing any features or functionalities. We may also stop providing parts of, or the whole of, the Service. We may also create new operating guidelines, limitations or terms applicable to the Service at any time.
Kwizie shall have right to change these Terms at any time, upon notice, and we recommend that you review the Terms regularly. If you do not agree to the new terms for the Service, you should discontinue your use of the Service. You will be deemed to have accepted such changes by continuing to use the Service. None of the changes will apply retroactively and the changes will become effective on the announced date.
Miscellaneous
Kwizie may assign or delegate its rights and obligations under the Terms, in whole or in part, to any person or entity at any time without your consent.
These Terms contain the entire understanding between you and Kwizie and supersede all prior understanding between you and us.
If any particular provision of these Terms shall be held invalid, illegal or unenforceable, the remaining provisions shall not be affected or impaired.
These Terms shall be governed by and construed in accordance with the laws in force in Finland, excluding its choice of law provisions.
Any dispute or controversy or claim arising out of or relating to the Service or these Terms, shall be resolved by final and binding arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce by one (1) arbitrator appointed according to the aforementioned rules. The arbitration shall be conducted in the English (or Finnish if both parties mutually so agree) language in Helsinki, Finland.
These Terms do not affect any of your statutory rights that under applicable law cannot be limited or excluded.
Contact Us
If you have any questions about these Terms, please contact us using the contact details below.
Kwizie Oy
Business ID: 3344169-7
Address: Satamasaarentie 2 F41, 00980, Helsinki, FINLAND
Email: support@kwizie.ai
Data Protection Appendix
This data protection appendix (“DPA”) is applied to the processing of personal data under the Terms of Use (“Terms”) between Kwizie Oy (“Processor”) as a data processor and you (“Controller”) as a controller.
The Processor and the Controller are referred to individually as “Party” and collectively as “Parties”.
1. BACKGROUND AND PURPOSE
The scope of the service for which the personal data is processed is described in the Terms. This DPA is part of the Terms and supersedes any conflicting provisions of the Terms concerning data processing.
The Processor shall act in accordance with this DPA while providing the Service and follow the Controller’s instructions concerning data protection and the Data Protection Laws while offering the Service to the Controller. “Data Protection Laws” means national and EU legislation concerning data protection, such as General Data Protection Regulation (“GDPR”, EU 2016/679). The terms related to data protection which are not defined in this DPA, are used in accordance with the GDPR.
2. PROCESSING OF PERSONAL DATA
The scope of the processing is described further in the Annex A (Description on the Processing of Personal Data). Any expanding of the processing of personal data must be agreed separately. You expressly acknowledge and agree that sensitive personal data, such as health data or data revealing religious beliefs, should not be transferred to the Service.
Both Parties shall be responsible to ensure that processing of personal data is done in accordance with Data Protection Laws and good data processing practices.
The Controller shall take the necessary measures to ensure that the processing of personal data to be transferred to the Processor complies with the Data Protection Laws.
The Processor shall process personal data in compliance with the written instructions given by the Controller as well as the Data Protection Laws and this DPA. The Processor shall notify the Controller without delay if the Processor considers that the Controller’s instructions infringe the Data Protection Laws. At the effective date of the Terms, the complete written instructions given by the Controller to the Processor are included in this DPA and the Terms. The implementation of the Controller’s additional or amended instructions shall be agreed separately.
3. CONFIDENTIALITY
The Processor and people working under the Processor must keep the personal data received from the Controller confidential and ensure that only authorized persons can access the personal data for processing. The Processor shall ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
4. DURATION OF THE OBLIGATIONS
This DPA is in force for as long as the Terms are in force and for as long as, after the termination of the Terms, it is necessary to complete the tasks related to the processing of personal data (such as returning the personal data to the Controller and/or deleting the personal data in accordance with the Controller’s instructions) or longer, if required by applicable legislation.
Upon termination of the Terms, the Processor shall delete (or, if separately agreed and at Controller’s expense, return) within a reasonable time all personal data processed on behalf of the Controller, unless the retention of said personal data is required under the Data Protection Laws.
5. SUBPROCESSORS
The Processor may use sub-processors in the processing of personal data based on this DPA. The current list of approved sub-processors is included in this DPA’s Annex B (Sub-processors used in Data Processing).
The Processor shall ensure that the sub-processors are bound by a written contract that complies with the obligations set forth in Article 28 of the GDPR. The Processor is responsible for its sub-processors’ obligations under this DPA the same way as it is responsible for its own obligations.
The Processor shall inform the Controller in writing of any intended changes concerning the addition of new sub-processors processing personal data before the change takes effect. If the Controller objects the change, it may terminate the Terms by a thirty (30) days’ written notice to the Processor. If the Controller does not object the change within seven (7) days from the receipt of the written notice, the Processor may use the new sub-processors.
6. PROCESSING PERSONAL DATA OUTSIDE THE EU/EEA
The Processor shall not transfer personal data to a country outside the EU/EEA or otherwise process personal data in a country outside the EU/EEA without prior written authorization of the Controller.
If personal data is transferred outside the EU/EEA, there must be appropriate safeguards in place for the transfer such as standard data protection clauses adopted by the Commission. The Processor shall provide evidence of these safeguards to the Controller upon request.
7. INFORMATION SECURITY
The Processor shall take any appropriate technical and organizational measures to combat and prevent unauthorized and unlawful processing of personal data and to prevent unintentional loss, change, destruction of or damage to personal data.
The Processor shall notify the Controller without undue delay in writing of any personal data breach or other incidents where the security of the personal data processed on behalf of the Controller is compromised or may be compromised.
The data breach notification shall at least:
a. describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
b. communicate the name and contact details of a person from whom more information can be obtained;
c. describe the likely consequences of the personal data breach;
d. describe the measures taken or proposed to be taken by the Processor to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
Where it is not possible to provide the above-mentioned information at the same time, the information may be provided in phases without undue further delay.
8. RIGHT TO AUDIT
The Controller and/or a third-party mandated by the Controller, shall have the right to conduct an audit, including inspections, to evaluate the fulfilment of the Processor’s obligations under this DPA for the data protection and the level of security for processing personal data. The mandated third party may not be a competitor of the Processor.
The scope and the time of the audit shall always be separately agreed upon between the Parties and the audit may not unnecessarily burden the Processor or endanger the Processor’s or the Processor’s other customers’ delivery, quality, security or confidentiality.
Each Party is liable for its own costs related to the audit provided that the Controller shall bear the costs of the third party auditor. In case more than one (1) audit takes place within a calendar year, the Controller shall bear all costs incurred by the Processor.
9. OBLIGATION TO ASSIST
Considering the nature of the processing and the information available to the Processor, the Processor shall without undue delay upon the Controller’s written request and at the Controller’s expense provide the Controller with assistance in fulfilling the Controller’s (i) obligation to answer the data subjects’ requests concerning their rights as required in the Data Protection Laws, where the Controller is not able to fulfil such requests alone, and (ii) other obligations of controller arising from the Data Protection Laws, where the Controller requires the Processor’s assistance.
The Processor shall, without delay, inform the Controller of all requirements and inquiries made by the data subjects or the data protection authorities.
Annex A: Description on the Processing of Personal Data
The Processor performs services to the Controller that will include processing of personal data by the Processor as further specified below with respect to: (a) the nature and purpose of the processing of personal data; (b) the type of personal data and categories of data subjects; (c) the applicable information security measures; and (d) duration of the processing of Personal Data under the Agreement, as further agreed below.
a. The nature and purpose of the processing of personal data
The Processor processes personal data on behalf of the Controller in order to fulfil his obligations under the Terms in relation to provision of the Service insofar as the service requires processing of personal data.
b. The type of personal data and categories of data subjects
Personal data included in the content you provide to the Service, such as:
The Service is not intended for processing of sensitive personal data, such as health related data or data revealing religious beliefs.
c. The applicable information security measures
The Controller’s information security instructions are set out in Section 7 (Information Security) of this DPA.
d. Duration of the processing of personal data under the Agreement
The Processor processes personal data on behalf of the Controller during the validity of the Terms and after termination for the actions required according to the Terms and this DPA.
Annex B: Sub-processors used in Data Processing
Amazon Web Services Oy.
Y-tunnus 2694673-4
Hirsalantie 11, 02420 Jorvas
Mikonkatu 9, 00100 Helsinki
