Quizwiz provides a question-answer service that allows our users to access educational content ("Quizwiz content") over the Internet on certain Internet-connected computers, mobile devices, and other devices ("Quizwiz ready devices").
You have accepted these Terms of Service, which govern your use of our service. As used in these Terms of Service, "Quizwiz service", "our service" or "the service" means the personalized service provided by Quizwiz for discovering and accessing Quizwiz content, including all features and functionalities, recommendations and reviews, our websites, and user interfaces, as well as all content and software associated with our service. References to 'you' in these Terms of Service indicate the user who created the Quizwiz account or affiliate account with regards to our Affiliate Program. References to 'us' in these Terms of Service indicate Quizwiz or its owner.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH QUIZWIZ (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
Subscription
1.1. Your Quizwiz subscription will continue and automatically renew until terminated. To subscribe to the Quizwiz service you must have Internet access and a Quizwiz ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see "Cancellation" below).
1.2. We may offer a number of subscription plans, including subscriptions offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Quizwiz subscription by visiting the quizwizapp.com website, logging in, and clicking on the "Manage subscription" button available at the top of the page.
Promotional Offers. We may from time to time offer special promotional offers, plans or subscriptions (“Offers”). Offer eligibility is determined by Quizwiz at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Quizwiz subscription to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
Billing and Cancellation
3.1. Billing Cycle. The subscription fee for the Quizwiz service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to the Payment Method you add during checkout with our payment provider, Stripe, Inc. The billing cycle for your subscription will be on a monthly basis, unless otherwise chosen by you when subscribing or otherwise noted. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. Visit the quizwizapp.com website, log in, and click on the "Manage subscription" button to see your next payment date.
3.2. Payment Methods. To subscribe to the Quizwiz service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.3 Updating your Payment Methods. You can update your Payment Methods through the Stripe billing portal by clicking the "Manage subscription" button. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
3.4. Cancellation. You can cancel your Quizwiz subscription at any time. To cancel, go to the billing portal through the "Manage subscription" button on our quizwizapp.com website and follow the instructions for cancellation. If you signed up for Quizwiz using your account with a third party as a Payment Method and wish to cancel your Quizwiz subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Quizwiz service through that third party.
3.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.
3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Quizwiz Service
4.1. You must be at least 18 years of age to become a user of the Quizwiz service. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Service.
4.2. The Quizwiz service and any content accessed through our service are for your personal and non-commercial use only. During your Quizwiz subscription, we grant you a limited, non-exclusive, non-transferable right to access the Quizwiz service and Quizwiz content through the service. Except for the foregoing, no right, title or interest shall be transferred to you.
4.3. You may access Quizwiz content primarily within the country in which you have established your account and only in geographic locations where we offer your subscription plan.
4.4. The Quizwiz service is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our websites, user interfaces and promotional features.
4.5. You agree to use the Quizwiz service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized by us, you agree not to:
(i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Quizwiz service;
(ii) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the Quizwiz service, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;
(iii) use any robot, spider, scraper or other automated means to access the Quizwiz service;
(iv) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Quizwiz service;
(v) insert any code or product or manipulate the content of the Quizwiz service in any way;
(vi) use any data mining, data gathering or extraction method;
(vii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Quizwiz service, including any software viruses or any other computer code, files or programs.
We may terminate or restrict your use of our service if you violate these Terms of Service or are engaged in illegal or fraudulent use of the service.
4.6. The quality of the Quizwiz content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Quizwiz makes no representations or warranties about the quality of your experience. The time it takes to begin viewing Quizwiz content will vary based on a number of factors, including your location, available bandwidth at the time, the Quizwiz content you have selected and the configuration of your Quizwiz ready device.
4.7. The Quizwiz software is developed by, or for, Quizwiz and may solely be used for authorized purposes and to access content from Quizwiz through Quizwiz ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Quizwiz and related third-party software. If you do not accept the foregoing terms, do not use our service.
4.8. By using our service, you agree to look solely to the entity that manufactured and/or sold you the Quizwiz ready device for any issues related to the device and its compatibility with the Quizwiz service. We do not take responsibility or otherwise warrant the performance of Quizwiz ready devices, including the continued compatibility with our service.
4.9. The Quizwiz service is intended strictly for use as a study tool to aid student comprehension. It is strictly disallowed to use this software as a tool to facilitate cheating of any kind whatsoever on materials including but not limited to homework, quizzes, tests, exams, and alike. Additionally, no tool is 100% correct. Please make sure you review answers to make sure they're correct before using them to study.
Affiliate Program - THIS SECTION APPLIES ONLY TO THOSE WHO SIGN UP TO OUR AFFILIATE PROGRAM
5.1. Self-referrals are not allowed (i.e. signing up for Quizwiz through your own affiliate link). Abuse, gaming, or attempting to mislead (i.e. posting fake discounts to coupon-sharing websites) will result in your account being permanently banned. In some cases, we can give credit to an affiliate even if the customer didn't sign up through an affiliate link or coupon code. If you have a case like this, please contact us and we'll do our best to help. No search engine ads (especially on branded terms or domain names), Facebook ads or other ads that would compete with our own marketing and cause potential confusion for customers. No Facebook ads that link to our website or anything similar that would compete with our own paid marketing and drive up our costs and potentially cause confusion. No pretending to be acting on behalf of us (i.e. as an employee). We reserve the right to change the Terms of Service for our affiliate program at any time. We reserve the right to terminate your affiliate account for violation of any of the rules or any other reason at our sole discretion. Commissions generated by mechanisms that are in violation of our Terms of Service will not be paid or owed.
5.2. Commission payment. Quizwiz commissions are paid: Monthly (usually on the 1st) via PayPal. In order to receive payment, you must provide a valid PayPal email address. Payments are made for each customer that subscribes to a paid plan using your affiliate link, for the first 12 payments that the customer makes within the first 12 months of being a customer.
5.3 Non-Exclusivity. This Terms of Service does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.
5.4 Relationship.
Passwords and Account Access. You are responsible for any activity that occurs through the Quizwiz account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, Quizwiz or our partners from identity theft or other fraudulent activity. Quizwiz is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Quizwiz or by the automated processes of Quizwiz.
Copyright Policy. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims". You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): a physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You can contact our Copyright Agent via email at [email protected].
Disclaimers of Warranties and Limitations on Liability
9.1. THE QUIZWIZ SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE QUIZWIZ SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. QUIZWIZ DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE QUIZWIZ SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. QUIZWIZ SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, QUIZWIZ READY DEVICES, AND QUIZWIZ SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
9.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL QUIZWIZ, OR ITS OWNER, SUBSIDIARIES, AFFILIATES, OR PARENT COMPANIES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DETENTION, SUSPENSION, EXPULSION, LOSS OF COLLEGE ELIGIBILITY, AND LOSSES RELATING TO IMPACTED FUTURE EARNINGS AND/OR POTENTIAL.
9.3. DEPENDING ON YOUR SUBSCRIPTION PLAN, YOU MAY ENCOUNTER THIRD PARTY ADVERTISEMENTS ON THE QUIZWIZ SERVICE. QUIZWIZ DOES NOT ENDORSE OR SPONSOR ANY ADVERTISED PRODUCTS OR SERVICES AND TAKES NO RESPONSIBILITY FOR THE PRODUCTS OR SERVICES PROVIDED BY ADVERTISERS. ANY INTERACTIONS WITH ADVERTISERS, INCLUDING THROUGH ENGAGEMENT WITH INTERACTIVE ADVERTISEMENTS, ARE AT YOUR OWN OPTION AND RISK AND YOU AGREE THAT QUIZWIZ IS NOT LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF SUCH INTERACTIONS.
9.4. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
Arbitration Agreement
10.1. You and Quizwiz agree that any dispute, claim or controversy arising out of or relating in any way to the Quizwiz service, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Quizwiz are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Quizwiz subscription.
10.2. If you elect to seek arbitration or file a small claim court action, you must first send to Quizwiz, by e-mail, a written Notice of your claim ("Notice"). The Notice to Quizwiz must be sent to the e-mail address: ("Notice Address"). If Quizwiz initiates arbitration, it will send a written Notice to the email address used for your subscription account. A Notice, whether sent by you or by Quizwiz, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Quizwiz and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Quizwiz may commence an arbitration proceeding or file a claim in small claims court.
10.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. Either party may initiate arbitration by providing written demand for arbitration (with a copy to the other party), a copy of this Agreement and the administrative fee required by the AAA Rules to the AAA. The remaining cost of the arbitration, including arbitrator’s fees, shall be shared equally by the parties unless the arbitration award provides otherwise. Each party shall bear the cost of preparing and presenting its case. The parties agree to undertake all reasonable steps to expedite the arbitration process.
10.4. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Quizwiz and you agree otherwise, any arbitration hearings will take place in the county of Palm Beach, Florida. The arbitrator shall not be able to award, nor shall any party be entitled to receive punitive, incidental, consequential, exemplary, reliance or special damages, including damages for lost profits. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
10.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
10.6. YOU AND QUIZWIZ 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 Quizwiz agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Miscellaneous
11.1. Governing Law. These Terms of Service shall be governed by and construed in accordance with the laws of the state of Florida, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
11.2. Unsolicited Materials. Quizwiz does not accept unsolicited materials or ideas for Quizwiz content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Quizwiz. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Quizwiz and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
11.3. Feedback. Quizwiz is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Quizwiz service, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Quizwiz service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
11.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please send us an e-mail at . In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Service and information provided by Customer Service or other portions of our websites, these Terms of Service will control.
11.5. Third-Party Links. The Quizwiz service may contain links to third-party websites and online services that are not owned or controlled by Quizwiz. Quizwiz has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
11.6. Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
11.7. Survival. If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. Furthermore, the failure to enforce any of the provisions of this Terms of Service or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of that provision or of any other provision, all of which shall remain in full force and effect.
11.8. Changes to Terms of Service and Assignment. Quizwiz may, from time to time, change these Terms of Service. Such revisions shall be effective immediately; provided however, for existing users, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Quizwiz service.
11.9. Communication Preferences. We will send you information relating to your account in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Last Updated: April 8, 2023