TERMS OF SERVICE

THESE TERMS OF SERVICE ("TERMS") GOVERN YOUR ACCESS TO AND USE OF THE CASHARQUIZ PLATFORM ("PLATFORM"), WHICH IS OWNED AND OPERATED BY CASHARQUZ TECHNOLOGIES LTD. ("COMPANY," "WE," "US," OR "OUR"). BY ACCESSING, REGISTERING FOR, OR USING THE PLATFORM, YOU ("USER," "YOU," OR "YOUR") ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM AND REFRAIN FROM ACCESSING ANY SERVICES PROVIDED HEREUNDER.

THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY. THEY INCORPORATE BY REFERENCE OUR PRIVACY POLICY, COOKIE POLICY, AND ANY OTHER POLICIES OR GUIDELINES POSTED ON THE PLATFORM. THE COMPANY RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME, WITH SUCH MODIFICATIONS BECOMING EFFECTIVE UPON POSTING. YOUR CONTINUED USE OF THE PLATFORM FOLLOWING ANY MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED TERMS.

1. Definitions and Interpretation

For the purposes of these Terms, the following terms shall have the meanings ascribed to them:

  • "Platform" refers to the CasharQuiz web application, mobile applications, application programming interfaces (APIs), and all associated services, features, and content.
  • "User" means any individual or entity that accesses, registers for, or uses the Platform, including both free and paid subscribers.
  • "User Content" encompasses all data, information, documents, materials, and intellectual property uploaded, submitted, transmitted, or otherwise made available by Users to the Platform, including but not limited to PDF documents, quiz responses, and profile information.
  • "Service" denotes the functionality provided by the Platform, specifically the conversion of PDF documents into interactive quizzes through artificial intelligence and machine learning algorithms.
  • "Subscription" refers to any paid access plan purchased by a User to obtain enhanced features or increased usage limits on the Platform.
  • "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, database rights, and any other proprietary rights recognized in any jurisdiction worldwide.

2. Eligibility and Account Registration

2.1 Age Requirement: You must be at least 16 years of age to use the Platform. If you are under 16, you may not access or use the Platform under any circumstances. By using the Platform, you represent and warrant that you meet this age requirement.

2.2 Account Creation: To access certain features of the Platform, you must register for an account by providing a valid email address and creating a secure password. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy.

2.3 Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify the Company of any unauthorized use of your account or any other security breach. The Company will not be liable for any loss or damage arising from your failure to comply with this security obligation.

2.4 Account Termination: The Company reserves the right to suspend or terminate your account at any time, with or without notice, for conduct that violates these Terms or for any other reason at the Company's sole discretion.

3. License Grant and Restrictions

3.1 Limited License: Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal or internal business purposes.

3.2 Prohibited Activities: You agree not to:

  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform or any component thereof;
  • Use the Platform to develop a competing service or product;
  • Circumvent any technological protection measures or security features of the Platform;
  • Use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Platform;
  • Upload, transmit, or distribute any viruses, malware, or other malicious code;
  • Use any automated system, including "robots," "spiders," or "offline readers," to access the Platform in a manner that sends more request messages to our servers than a human could reasonably produce in the same period;
  • Violate any applicable law, regulation, or third-party right through your use of the Platform.

4. User Content and Intellectual Property

4.1 Ownership of User Content: You retain all ownership rights in the User Content you submit to the Platform. However, by submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content in connection with the Platform and the Company's business.

4.2 Representations Regarding User Content: You represent and warrant that:

  • You own or have the necessary licenses, rights, consents, and permissions to all intellectual property rights in your User Content;
  • Your User Content does not and will not infringe, misappropriate, or violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights;
  • Your User Content complies with all applicable laws and regulations.

4.3 Prohibited Content: You may not upload User Content that:

  • Is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive;
  • Contains sexually explicit material or pornography;
  • Constitutes unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
  • Contains confidential information of any third party without proper authorization;
  • Violates any applicable export control laws or regulations.

4.4 Company's Intellectual Property: All right, title, and interest in and to the Platform, including all intellectual property rights therein, are and will remain the exclusive property of the Company and its licensors. The Platform is protected by copyright, trademark, and other laws of both the United States and foreign countries.

5. Subscription Plans and Payment Terms

5.1 Free Tier: The Company offers a free tier of service with limited features and usage quotas. The specific limitations of the free tier are subject to change at the Company's discretion.

5.2 Paid Subscriptions: Certain enhanced features and increased usage limits are available through paid subscription plans. Subscription fees, billing cycles, and payment methods are specified on the Platform's pricing page.

5.3 Automatic Renewal: Unless you cancel your subscription prior to the end of the current billing cycle, your subscription will automatically renew for subsequent periods of the same duration at the then-current price.

5.4 Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing cycle, and you will not receive a refund for any unused portion of the subscription period.

5.5 Price Changes: The Company reserves the right to change subscription fees at any time. Price changes will be communicated to you at least 30 days in advance and will apply to subsequent billing cycles.

6. Disclaimers and Limitations of Liability

6.1 Service "As Is": THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.2 No Guarantee of Accuracy: The Company does not warrant that the quiz questions generated by the Platform will be accurate, complete, or error-free. The Platform uses artificial intelligence algorithms that may produce incorrect or misleading results. Users should independently verify the accuracy of any information provided by the Platform.

6.3 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM;
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM;
  • ANY CONTENT OBTAINED FROM THE PLATFORM; AND
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

6.4 Cap on Liability: IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Platform;
  • Your violation of any provision of these Terms;
  • Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right;
  • Any claim that your User Content caused damage to a third party.

This indemnification obligation will survive the termination of these Terms and your use of the Platform.

8. Dispute Resolution and Arbitration

8.1 Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in accordance with the rules of the American Arbitration Association.

8.2 Class Action Waiver: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

8.3 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

9. Termination

9.1 By You: You may terminate these Terms at any time by ceasing all use of the Platform and deleting your account.

9.2 By Company: The Company may suspend or terminate your access to the Platform at any time, with or without cause, with or without notice, effective immediately.

9.3 Effect of Termination: Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Miscellaneous Provisions

10.1 Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether oral or written.

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

10.3 Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

10.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. The Company may assign these Terms without restriction.

10.5 Force Majeure: The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

11. Contact Information

If you have any questions about these Terms, please contact us at:

CasharQuiz Legal Department
Email: contact@casharquiz.com
Location: NRW Deutschland

For general inquiries, please use: contact@casharquiz.com