Terms of Service

2.1 Age Requirements

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.

2.2 Account Registration

To access certain features of our Services, you must register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach
• Use only one account unless explicitly authorized for multiple accounts

2.3 Business Accounts

If you register an account on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to that entity.

2.4 Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms or any applicable laws
• Fraudulent, abusive, or illegal activity
• Failure to pay subscription fees
• Extended periods of inactivity
• Any conduct we deem harmful to our Services, users, or business interests

3.1 Platform Services

GeniuzQuiz provides a SaaS (Software as a Service) platform that enables users to:

• Create, design, and deploy interactive quizzes and surveys
• Build sales funnels and lead generation pages
• Collect and manage leads and customer data
• Integrate with third-party services and APIs
• Access analytics and performance metrics
• Utilize AI-powered content generation and optimization tools
• Process payments and manage e-commerce functionality
• Access templates, themes, and pre-built components

3.2 Service Availability

While we strive to provide continuous service availability, we do not guarantee that our Services will be uninterrupted, timely, secure, or error-free. We may:

• Modify, suspend, or discontinue any part of the Services at any time
• Perform scheduled maintenance with or without notice
• Experience downtime due to technical issues, updates, or emergencies
• Limit certain features or services for specific users or account types

3.3 Beta Features

We may offer beta features, which are provided "as is" without warranties. Beta features may be discontinued at any time, and we are not obligated to provide support or convert beta features to production.

3.4 Third-Party Integrations

Our Services may integrate with third-party platforms and services. We are not responsible for the availability, functionality, or content of third-party services. Your use of third-party integrations is subject to their respective terms and policies.

4.1 Subscription Plans

GeniuzQuiz offers various subscription plans with different features and pricing. By subscribing to a paid plan, you agree to:

• Pay all subscription fees as specified for your selected plan
• Provide accurate and complete payment information
• Authorize us to charge your payment method on a recurring basis
• Pay all applicable taxes in addition to subscription fees

4.2 Billing Cycles

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. Billing occurs on the same day each period (monthly or yearly) as your initial subscription date. All fees are non-refundable except as expressly stated in our Refund Policy.

4.3 Price Changes

We reserve the right to change our pricing at any time. Price changes will:

• Be communicated at least 30 days in advance
• Apply to renewal periods starting after the notice period
• Not affect your current billing period if already paid
• Allow you to cancel before the price change takes effect

4.4 Free Trials

We may offer free trial periods for new users. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends. You must provide valid payment information to start a free trial.

4.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Cancellations are effective:

• At the end of your current billing period (no pro-rated refunds)
• You will retain access to paid features until the end of the billing period
• After cancellation, your account may be downgraded to a free plan (if available)
• Account data may be deleted after an extended period of inactivity

4.6 Refund Policy

We offer a 14-day money-back guarantee for first-time subscribers. To request a refund:

• Contact support@geniuzquiz.com within 14 days of your initial purchase
• Refunds are processed within 5-10 business days
• Refunds are only available for the first payment of a new subscription
• No refunds after 14 days or for subscription renewals

4.7 Payment Failures

If a payment fails, we may:

• Retry charging your payment method
• Suspend your account and access to paid features
• Downgrade your account to a free plan
• Terminate your account if payment remains outstanding

5.1 Permitted Uses

You may use our Services for lawful business purposes, including:

• Creating quizzes and surveys for lead generation
• Building sales funnels and landing pages
• Collecting customer feedback and data
• Marketing and promoting your products or services
• Educational and training purposes

5.2 Prohibited Activities

You agree NOT to use our Services to:

• Violate any local, state, national, or international law or regulation
• Infringe on intellectual property rights of others
• Transmit any harmful code, viruses, or malware
• Engage in fraudulent, deceptive, or misleading practices
• Collect personal information without proper consent
• Spam, phish, or send unsolicited communications
• Harass, abuse, threaten, or discriminate against others
• Impersonate any person or entity
• Interfere with or disrupt our Services or servers
• Attempt unauthorized access to any part of our Services
• Use automated tools to scrape or extract data without permission
• Resell, sublicense, or redistribute our Services without authorization
• Create competing products or services using our platform
• Reverse engineer, decompile, or disassemble our software

5.3 Content Standards

All content created on our platform must comply with the following standards:

• Must not contain illegal, harmful, or offensive material
• Must not promote violence, discrimination, or hate speech
• Must comply with advertising and marketing regulations
• Must respect privacy laws and obtain necessary consents
• Must not infringe on trademarks, copyrights, or other IP rights
• Must not contain misleading or false information

5.4 Enforcement

We reserve the right to investigate and take appropriate action against users who violate this Acceptable Use Policy, including:

• Removing or disabling access to violating content
• Suspending or terminating user accounts
• Reporting violations to law enforcement
• Taking legal action to recover damages

6.1 Your Content Ownership

You retain all ownership rights to content you create using our Services ("User Content"), including:

• Quiz questions, answers, and logic
• Text, images, videos, and other media you upload
• Funnel designs and page layouts
• Branding materials and custom styling

6.2 License Grant to GeniuzQuiz

By uploading User Content to our Services, you grant GeniuzQuiz a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

• Host, store, and display your User Content
• Process and analyze your content to provide Services
• Create derivative works for service improvement
• Use anonymized and aggregated data for analytics and research

6.3 User Content Responsibilities

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:

• You own or have the necessary rights to use and authorize use of your User Content
• Your User Content does not violate these Terms or any applicable laws
• Your User Content does not infringe on third-party intellectual property rights
• You have obtained all necessary consents for collecting personal data through quizzes

6.4 GeniuzQuiz Intellectual Property

All aspects of the Services, including but not limited to:

• Software, code, and algorithms
• Platform design, features, and functionality
• GeniuzQuiz trademarks, logos, and branding
• Documentation, guides, and templates we provide
• AI models and machine learning algorithms

6.5 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about our Services, you grant us the right to use such feedback without any obligation or compensation to you.

7.1 Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

7.2 Data Controller and Processor Relationship

GeniuzQuiz acts as:

• Data Controller: For your account information and platform usage data
• Data Processor: For quiz respondent data collected through your quizzes

7.3 Data Processing Addendum (DPA)

For enterprise customers and users subject to GDPR or similar data protection laws, a Data Processing Addendum is available upon request. Contact legal@geniuzquiz.com to execute a DPA.

7.4 Data Security and Compliance

We implement appropriate technical and organizational measures to ensure data security and compliance with:

• General Data Protection Regulation (GDPR) - EU
• California Consumer Privacy Act (CCPA) - California
• California Privacy Rights Act (CPRA) - California
• Other applicable data protection and privacy laws

7.5 Your Compliance Obligations

You agree to:

• Comply with all applicable privacy and data protection laws
• Obtain necessary consents before collecting personal data
• Provide clear privacy notices to quiz respondents
• Honor data subject rights requests (access, deletion, etc.)
• Implement appropriate security measures for data you control
• Not collect sensitive personal data without proper safeguards

8.1 API Access

If you use our API, you agree to:

• Comply with our API documentation and usage guidelines
• Respect rate limits and usage quotas
• Securely store and protect API keys and credentials
• Not abuse, overload, or disrupt our API services
• Provide attribution when required
• Not use the API to build competing products or services

8.2 API Rate Limits

API usage is subject to rate limits based on your subscription plan. Excessive API usage may result in throttling, temporary suspension, or additional charges.

8.3 API Changes and Deprecation

We may modify, deprecate, or discontinue API endpoints with reasonable notice. We will provide migration guides for deprecated features when possible.

9.1 GeniuzQuiz Trademarks

GeniuzQuiz, the GeniuzQuiz logo, and other marks are trademarks of GeniuzQuiz, Inc. You may not use our trademarks without prior written consent.

9.2 Copyright Protection

All content on our platform, including text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of GeniuzQuiz or its content suppliers and is protected by copyright laws.

9.3 DMCA Compliance

We respect the intellectual property rights of others. If you believe content on our platform infringes your copyright, please submit a DMCA notice to:

9.4 Templates and Resources

Templates, themes, and resources provided by GeniuzQuiz may be used within our platform for your business purposes. You may not:

• Extract or redistribute templates outside our platform
• Claim ownership of our templates or resources
• Remove copyright or attribution notices
• Use templates to create competing products

11.1 Term

These Terms commence when you first access the Services and continue until terminated by either party.

11.2 Termination by You

You may terminate these Terms at any time by:

• Canceling your subscription
• Deleting your account through account settings
• Contacting support to request account closure

11.3 Termination by GeniuzQuiz

We may suspend or terminate your account and access to Services immediately, with or without notice, for:

• Material breach of these Terms
• Violation of applicable laws or regulations
• Fraudulent, abusive, or harmful conduct
• Non-payment of fees
• Extended inactivity
• Any conduct that may harm our Services, users, or reputation

11.4 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• We may delete your account and User Content after a grace period
• You remain responsible for all fees incurred before termination
• Provisions of these Terms that by nature should survive will survive (including intellectual property, disclaimers, limitation of liability, and indemnification)

11.5 Data Export

You may export your data before termination. After termination, we are not obligated to maintain or provide your User Content. We may retain certain information as required by law or for legitimate business purposes.

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Dakota, United States, without regard to its conflict of law provisions.

12.2 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@geniuzquiz.com. We will attempt to resolve disputes through good faith negotiations.

12.3 Arbitration Agreement

Any dispute arising from these Terms or the Services that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Arbitration shall take place in Minot, North Dakota, or via video conference
• The arbitrator's decision shall be final and binding
• Each party shall bear its own costs and attorneys' fees
• You waive any right to a jury trial

12.4 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12.5 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court to:

• Protect intellectual property rights
• Enforce confidentiality obligations
• Address urgent matters requiring immediate relief

12.6 Jurisdiction and Venue

To the extent arbitration does not apply, you agree that any legal action shall be brought exclusively in the state or federal courts located in Minot, North Dakota, and you consent to the personal jurisdiction of such courts.

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published on our Services, constitute the entire agreement between you and GeniuzQuiz.

13.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction. Any attempted transfer in violation of this section is void.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, labor disputes, or internet/telecommunications failures.

13.6 Export Compliance

You agree to comply with all applicable export and import control laws and regulations. You may not use our Services if you are located in a country subject to a U.S. government embargo or designated as a terrorist-supporting country.

13.7 Language

These Terms are provided in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

13.8 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.