Terms of Service

Welcome to QuizSurge. These Terms of Service ("Terms") govern your access to and use of QuizSurge ("the Service"), operated by QuizSurge ("we", "us", "our", "our company"), a business registered in New Zealand.

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Definitions

• "Service" means the QuizSurge web application and all related features.
• "User" means any person who accesses or uses the Service.
• "Quiz Creator" means a User who creates and publishes quizzes.
• "Player" means a User who participates in quizzes.
• "Content" means all data, text, images, quizzes, and materials uploaded or created.

2. Eligibility

You must be at least 13 years of age to create a Quiz Creator account. Users under 18 require parental or guardian consent. Quiz Players do not require an account and may participate regardless of age, at the Quiz Creator's discretion.

3. Accounts

• You must provide accurate and complete information when creating an account;
• You are responsible for maintaining the security of your account and password;
• You are responsible for all activity that occurs under your account;
• You must notify us immediately of any unauthorised use of your account;
• One person or entity may not maintain multiple free-tier accounts.

4. Subscription Plans and Payment

• We offer Free, Creator, and Business subscription plans. Features and limits are described on our Pricing page;
• Paid plans are billed monthly or annually in New Zealand Dollars (NZD) via Stripe;
• Subscriptions auto-renew unless cancelled before the next billing date;
• You can cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period;
• Fees are non-refundable except where required by New Zealand consumer law.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any New Zealand law;
• Upload Content that is defamatory, obscene, discriminatory, infringes intellectual property, or is otherwise objectionable under New Zealand law, including the Harmful Digital Communications Act 2015;
• Harass, abuse, threaten, or impersonate another person;
• Attempt to disrupt, overload, or gain unauthorised access to the Service or its infrastructure;
• Use automated systems (bots, scrapers) to access the Service without our prior written consent;
• Resell, sublicense, or redistribute the Service without authorisation.

6. Content Ownership and Licensing

6.1 Your Content

You retain ownership of all Content you create or upload to QuizSurge. By publishing a quiz, you grant QuizSurge a non-exclusive, worldwide, royalty-free licence to host, store, display, and process your Content for the purpose of operating the Service.

You are solely responsible for ensuring your Content does not violate any third-party intellectual property rights or New Zealand law.

6.2 QuizSurge Content

The Service itself — including its design, branding, software, and default content — is the intellectual property of QuizSurge and is protected under the Copyright Act 1994 (New Zealand). You may not copy, modify, or distribute it without permission.

7. Privacy

Our handling of your personal information is described in our Privacy Policy, which is incorporated into these Terms by reference and complies with the Privacy Act 2020.

8. Disclaimers

The Service is provided on an "as is" and "as available"basis. To the maximum extent permitted by New Zealand law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Consumer Guarantees Act 1993: If you are a consumer as defined by the Consumer Guarantees Act 1993, you have certain statutory guarantees that cannot be excluded. Nothing in these Terms limits or excludes any rights you have under the Consumer Guarantees Act 1993 or any other New Zealand law that cannot be excluded.

9. Limitation of Liability

To the maximum extent permitted by New Zealand law, QuizSurge shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or related to your use of the Service.

Our total aggregate liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you have paid us in the three (3) monthspreceding the claim, or NZD $50, whichever is greater.

10. Termination

You may delete your account at any time. We may suspend or terminate your access to the Service if you breach these Terms, or if we reasonably believe you have engaged in conduct harmful to the Service or its users. Upon termination, your right to use the Service ceases immediately.

11. Dispute Resolution and Governing Law

These Terms are governed by the laws of New Zealand. Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be submitted to mediation under the rules of the Resolution Institute.

If mediation fails, the dispute shall be resolved by the courts of New Zealand, with the Auckland District Court having jurisdiction, unless the Disputes Tribunal has jurisdiction under the Disputes Tribunal Act 1988.

12. Changes to These Terms

We may modify these Terms from time to time. We will notify users of material changes by email or in-app notification at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Contact

If you have questions about these Terms, please contact us at legal@quizsurge.com.