Our Contract With You

By accessing, installing or using our Services, you agree to be bound by these Terms.  If you are acting on behalf of a company or other legal entity, you agree that the company or legal entity will be bound by these Terms.  The terms “you” and “your” refer to both you as an individual and to the company or other legal entity that you are acting on behalf of (if any). 

If you don’t want to be bound by these Terms, don’t use these Services. If you find a site hosted on Convertri that you believe is violating these Terms, let us know at support@quizitri.com. We take a distinctly dim view of these things.

When you place an order for the Services through the Website, a binding contract will be made between you and us for the Service you have selected when placing your order, and these Terms apply to that contract. It is important you understand this as it means you agree to do and not to do certain things in relation to our Services.

When you place an order for the Services through our Website, a binding contract will also be created between you and our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders which means that you have a contract with them in respect of your payment for our Services (which is subject to the paddle.com terms), and they are responsible for the financial transaction and for ensuring that your payment is received by us. 

Changes To Terms Or Services

We may modify these Terms and our Services at any time, at our sole discretion. If we do so, we will let you know, either by e-mail or a notice on the Website.  It’s important that you review the updated Terms when we do modify them, because continuing to use the Service after we’ve notified you about updates indicates that you agree to be bound by the new Terms.

We’re a growing company, and our Services are often updated. Because of this, we may, at our sole discretion, change or discontinue all or any part of the Services at any time, with or without notice to you. 

If you don’t agree to be bound by the new Terms, or are unhappy with any changes we have made to our Services, you may cancel your Contract with us within 30 days of our notifying you of the relevant change by notifying us in writing.

You will not ordinarily be able to make changes to a Service which you have signed up to. If you do wish to make a change, please contact us and we will advise if such a change is possible and, if relevant, the costs to you of making any change.

Pricing and Payment

All prices are listed on the Website and may be amended at any time.  Where there is a change to our prices we will notify you not less than ninety (90) days in advance of such change taking effect.  The new price will apply following the date on which the price increase takes effect.

Upon purchasing any of our Services, you will be billed immediately.

Our Services

Our Services are as described on the Website and as otherwise agreed between you and us in writing.  We will use reasonable efforts to provide these Services to you with reasonable skill and care at all times, subject to our right to suspend access, as set out below.

Fair Use

The Services provided include facilities for quiz creation, quiz hosting and image storage. The number of images and bandwidth used must be reasonable, in the context of your use of the Services.  If We deem your use of the Services to be unreasonable (in our sole discretion), we may restrict access or remove some of your content from the Services.

Where you are offered the ability to upload files onto the Website or Application as part of the Services, each file is subject to a maximum size however the number of files is unlimited but subject to reasonable use.

Feedback

We want to hear from you! You can submit comments, improvements or suggestions about the Service to support@quizitri.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.

Privacy

Your privacy is very important to us. The short version is that we’re not going to do anything evil with your data. The long version can be found at: https://www.convertri.com/privacypolicy

Intellectual Property Rights

With the exception of your Content, we are the owner or the licensee of all intellectual property rights in our Website and the Application, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to whom you may provide services in accordance with these Terms to content posted on the Website or Application, however, you may not (save as expressly permitted in these Terms) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Application, the Services and/or the Website (as applicable) in any form or media or by any means . 

You must not attempt to modify the digital content on any part of the Website or Application in any way, and you must not decompile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the content on the Website or the Application.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes other than strictly in accordance with these Terms.

Your use of any material on the Website or Application or to use the Services in breach of these Terms will mean that your right to use Website and Application will cease immediately and you must, at our option, return or destroy any copies you have made of any materials contained therein.

Your Content

In these Terms, “Content” means text, graphics, video, images, audio, works of authorship of any kind and information or other materials that are in any way made available by you through the Service.

You are responsible for the Content you make available, including its legality, reliability, and appropriateness. We claim no intellectual property rights over the material you provide to or on the Website or Application. Your site and your Content remain yours. However, by creating Content to be shared publicly on or through Our Service, you agree to allow others to view and share your Content published through the Service.

Architech Labs does not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Content. However, you grant Us a non-exclusive, non-transferable, non-sublicenseable, worldwide license to use any Content submitted by you in relation to the Services, including the promotion and advertisement of Our Services.

You represent and warrant that your Content and information collection and marketing practices conform to legal requirements, including those of the TCPA/CAN-SPAM, and that:

A) Your Content is yours (you own it) or you have the right to use it and grant Us the rights and license as provided in these Terms;

B) Your posting of Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, consent rights or any other rights of any person. We do not pre-screen Content, but we do have the right (but not the obligation) in our sole discretion, to refuse or to remove any Content that is available via the Service. We will have no obligation to provide a refund of any amounts previously paid by any user.

C) Upon posting, publishing, or otherwise creating Content on your site(s) through Our Services, you direct your users, clients, customers and site visitors to your own terms, conditions, rules and policies. We are not, and will not be held to be responsible for Content appearing on your site(s), and any disputes, claims or actions arising out of such Content.

D) You will not, and will not permit any person to whom you grant access to the Website or the Application to, post any Content which:

• is defamatory of any person.
• is obscene, offensive, hateful or inflammatory.
• is reasonably likely to bully, insult, intimidate or humiliate.
• promotes sexually explicit material.
• includes child sexual abuse material.
• promotes violence.
• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• infringes any copyright, database right or trade mark of any other person.
• is likely to deceive any person.
• breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• promotes any illegal activity.
• is threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• is likely to harass, upset, embarrass, alarm or annoy any other person.
• is otherwise unlawful, illegal or causes damage or injury to any person or property.

E) All of your Content which is stored or published using the Services conforms to local and international laws. Hosting illegal content using the Services will cause your contract to be terminated and the relevant authorities contacted.

Architech Labs Content

Subject to your compliance with these Terms, Architech Labs grants you a limited, non-exclusive, non-transferable, non-sublicenceable licence to access and view Our content (“Architech Labs Content”) solely in connection with your permitted use of the Service.

For the purposes of these Terms, Architech Labs Content shall include all text, graphics, images, templates, arrangements, audio, video, works of authorship by Us or Our affiliates of any kind that is included within the Service. While you have a contract with Us, you may edit and modify templates for your own use. However, immediately upon termination of the binding contract or, discontinuation or cancellation of our Services, you may no longer use, copy, borrow, modify or otherwise reproduce, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing any site and screen layouts, arrangements and themes provided through this Service. At no time is any User permitted to: (i) transfer, sublicense, sell, lease, lend, rent or otherwise distribute Architech Labs Content or the Services to any third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or any Architech Labs Content; or (iii) use the Services or Architech Labs Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Architech Labs Content.

Links and Advertisements of Third-Party Sites

The Website or Application may contain links to or advertisements of third-party websites (that are not affiliated with you or other Users) or resources. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

Indemnity

In using our Services, you agree that you will defend, indemnify and hold us and our officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by:

(i) your use of and access to the Services;

(ii) your violation of these Terms;

(iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or

(iv) any claim that your Content caused damage to any third party.

This is important because we need to protect our business against these losses. If any contract between you and us is terminated, this section will continue to apply and we will still be able to enforce this indemnity against you.

Warranty Disclaimers

Where you use our Services as a business, the Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.  This clause will not apply where you use our Services as a consumer.

Limitation of Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.

We expect the Application and the Website will work just as we intend; however, we are aware that issues sometimes occur. Please note that we will not be held liable for any loss, damage or inconvenience you might suffer as a result of the Application not being available, being defective or not working in the way you had expected and you agree that you will have no right to take action against us unless this is expressly set out in any relevant law.

If the Services damage a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will use reasonable endeavours to repair the damage. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Neither we, nor any other party involved in creating, producing, or delivering the services or content will be liable for any indirect, incidental, special, exemplary or consequential loss or damage.  If you use the Services for business purposes, we will not be liable to you for loss of profits, loss of business, loss of management time, loss of business opportunity, loss of data or goodwill, or for business interruption or the cost of substitute services, arising out of or in connection with these Terms or from the use of or inability to use the Services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Wherever we are found to be liable to you for any loss you suffer in connection with the Services, our total liability in connection with these Terms will not in any event exceed the lesser of: the amounts you have paid to us for use of the Services during the twelve (12) months prior to the date the cause of action first arose; and one hundred dollars ($100).

Other Important Terms

These Terms are the entire and exclusive understanding and agreement between us and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. 

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by Us (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end any contract within thirty (30) days of us telling you about it and we will refund you any payments you have made in advance for Services not provided. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if there is a reasonable business case for doing so.  Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

These Terms and any contract are between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

Nothing in this agreement is intended to or shall operate to create a partnership between you and us, or authorise either of you or us to act as agent for the other, and neither you or we shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

Our contract with you and these Terms and any dispute or claim arising out of them will be governed by, and interpreted in accordance with, the laws of England and Wales and the parties agree that the courts of England and Wales will have exclusive jurisdiction to settle such disputes or claims.

Questions

If you have any questions regarding these Terms, please e-mail us at support@convertri.com

Providing Access To Other Users

You may permit other users to access and use the Services on your behalf.  Where you do this you, as the “team owner” will be responsible for all other users to whom you grant access.  You will be responsible for managing their access and for ensuring that they comply with these Terms.  Other users may be “team members” who are able to access all of your pages and Content (as described below) or “clients” who will only be able to access pages and Content saved.

You are responsible for ensuring that all users set a secure password for their access to the Services and keep their login details confidential at all times.  We will not be liable for any unauthorised access to your Content or registered account. 

Suspension of the Services

In some circumstances, we may have to suspend the Services. This may be because we need to deal with technical problems or make minor technical changes or to update the Services to reflect changes in relevant laws or regulations or for reasons outside our control.  We will get the Services back up and running again as soon as we reasonably can.

If you do not pay your bill when it is due, you will be unable to access the Services until payment is made.

We may also suspend your access to the Services if you breach any of these Terms. If this happens, you may have to pay us reasonable compensation for the net costs we will incur as a result of your breach. We will provide you with more information on these costs should this situation arise.

Duration, Termination, Cancellation, and Refunds

Your access to the Services will commence on the date that you place an order for the Services.  The binding contract for your access to the Services will continue indefinitely. The contract can be terminated by either us or you on the provision of written notice.  

If you are not satisfied during your first thirty (30) days after you place your order, you may contact us as described below to cancel the contract.  Your agreement with us will be terminated from the date we process your cancellation request and you will no longer have access to the Services.  In this event we will give you a full refund of all fees paid to us as soon as possible (we aim to do this within 14 days), by the same method you used for payment.

In the unlikely event that our Services are faulty or are not as described on our Website, or are not carried out with reasonable care and skill, you can ask us to correct the faults or amend the Services so that they are as described.  Where we fail to correct or amend the Services, you may contact us as described below to cancel the contract at any time within the first six (6) months following the date you place your order.  In such event, where we (acting reasonably) agree that the Services are faulty or not as described, your contract with us will terminate from the date on which we receive your notice, and we will refund all sums paid by you in advance for the period following termination as soon as possible (we aim to do this within 14 days), by the same method you used for payment.

No refunds will be provided, other than as expressly set out above.

Where you want to cancel the Service, you can do this by contacting us by email at support@quizitri.com.  You must provide us with your order details, including the order number, and contact us from the email address used to place your order.  If you are cancelling more than thirty (30) days after you placed your order because the Service is faulty or not as described on the Website, please provide full details of the fault or misdescription.

In the event that we reasonably determine you have used the Website or the Application in any way other than as described in the Services, we will immediately terminate your Account and your access to the Services and we may seek legal action to recover our losses.

Either party may terminate the contract between you and us where the other party is in material breach of these Terms.

Data Processing on your Behalf

For the purposes of this clause the “UK/EU Data Protection Laws” shall mean: 

• the EU Regulation 2016/679 (“GDPR”) 
• the GDPR as amended by Schedule 1 of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (“UK GDPR”);
• Data Protection Act 2018 (“DPA”); and
• and all laws and regulations supplementing or replacing the GDPR, the UK GDPR and the DPA.

The terms “personal data”, “controller” and “processor” shall be as defined in the UK GDPR.

Where we receive personal data from you and we are required to process such personal data on behalf of you to perform the Services, you are the controller of that personal data and we are the processor. 

As the controller, it is your responsibility to inform individuals how their personal data is used and maintain the mandatory records required under UK/EU Data Protection Laws.

UK/EU Data Processing Agreement:  Where you are subject to all or part of the UK/EU Data Protection Laws, and where we process personal data for which you are the controller (as set out in the applicable Contract) (“Protected Data”), we shall:

• process Protected Data in line with your documented instructions (either as set out in these Terms, or as provided through your use of the Services);
• ensure that our staff who have access to Protected Data are bound by obligations of confidentiality (which are included in its employment contract or equivalent contract with them)
• have technical and organisational measures and procedures which ensure an appropriate level of security for Protected Data and reduce the risk of the Protected Data being accidentally or illegally destroyed, lost, changed or shared with, accessed or used by someone who did not have permission (“Personal Data Breach”).  These technical and organisational measures are set out on our Website (https://www.convertri.com/data-privacy);
• only use the third party data processors (who we instruct to help us deliver our Services) whose details are set out on our Website (https://www.convertri.com/data-privacy), which list may be updated from time to time, and with which we have an agreement that includes provisions substantially similar to this UK/EU Data Processing Agreement.  You hereby provide general consent to the appointment of such data processors, unless you notify us at support@quizitri.com of your objection to any newly added data processor within fourteen (14) days following their addition to the list.  In such event your contract with us will be terminated with immediate effect;
• transfer Protected Data outside the UK or European Economic Area only in accordance with the supplementary agreement set out in Annex 1, or using such other mechanism to protect the Protected Data as has been approved by the relevant authorities; 
• promptly inform you if there has been a Personal Data Breach which impacts the Protected Data;
• at the end of the contractual relationship between you and us, or any earlier written request from you, delete or return the Protected Data;
• assist you and provide the information required to ensure you can comply with your obligations under the UK/EU Data Protection Laws;
• promptly inform you if we receive a request from or on behalf of an individual who wishes to exercise their rights under the UK/EU Data Protection Laws, and provide assistance so you can respond to the request; 
• not disclose Protected Data without your written permission unless we are legally required to make the disclosure (in which case, we will promptly notify you unless we are prohibited from doing so); and
• make available to you such information as is reasonably necessary to demonstrate our compliance with our obligations under the UK/EU Data Protection Laws, and allow for and contribute to audits, including inspections, by you, provided you give us thirty (30) days’ written notice, agree to keep all our confidential information secret and that you pay our reasonable costs of any such audit.  Please note that our data processors may not permit an audit of their premises, but will make such information available as is required for you to verify compliance with the UK/EU Data Protection Laws.