Terms of service — Questiory

1. Introduction and Acceptance

Welcome to Questiory. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”) and Questiory Limited (“Questiory”, “the Company”, “we”, “our”), a duly incorporated company, governing access to and use of our web platform, applications, and related services (collectively, the “Service”).

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Service Description

Questiory is a web platform that enables users to create interactive digital presentations, questionnaires, surveys, learning experiences, and digital tools. The Service facilitates data capture through various interactions and their transformation into creative visualizations.

Our ecosystem integrates two user groups:

Authors: Users who create, design, and share digital presentations using Questiory’s tools.
Participants: End users invited by Authors to interact with the created digital presentations.

3. Registration and User Account

3.1 Eligibility

To use Questiory, you must be at least 13 years of age. If you are under 18 years of age, you represent that you have the consent of your parent or legal guardian to use the Service.

3.2 Account Information

When creating an account, you agree to:

Provide truthful, accurate, current, and complete information.
Maintain and update such information.
Maintain the confidentiality of your access credentials.
Immediately notify us of any unauthorized use of your account.

3.3 Account Responsibility

You are responsible for all activities that occur under your account. You must not transfer your account to third parties or use other users’ accounts without authorization.

4. Subscription Plans and Payments

4.1 Available Plans

Questiory offers different subscription plans:

Free Plan: Limited access to basic features at no cost.
Creator Plan: Paid subscription with expanded features for educators and content creators.
Storyteller Plan: Paid subscription with full access to all features and advanced customization options.

4.2 Billing and Payments

Paid plans are available on monthly or annual basis.
Prices are displayed in United States Dollars (USD) and may be subject to applicable taxes according to your jurisdiction.
Payment is made in advance at the beginning of each billing period.
Annual plans are billed in a single payment at the beginning of the period.

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period, unless you cancel before the renewal date. By subscribing, you authorize Questiory to automatically charge the applicable fee to your registered payment method.

4.4 Cancellation

You may cancel your subscription at any time from your account settings.
Cancellation will be effective at the end of the current billing period.
After cancellation, you will retain access to paid features until the end of the already paid period.
No refunds are provided for unused partial periods.

4.5 Price Changes

Questiory reserves the right to modify subscription plan prices. Any price change will be notified at least 30 days in advance and will take effect on your next billing period.

4.6 Refund Policy

As a general rule, no refunds are provided for already processed subscriptions. However, we may consider refund requests in exceptional cases at our discretion.

5. User Content

5.1 Content Ownership

You retain all intellectual property rights over the content you create and upload to Questiory (“User Content”). Questiory does not claim ownership over your User Content.

5.2 License Granted to Questiory

By uploading or creating User Content, you grant Questiory a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, and display such content for the purpose of operating, promoting, and improving the Service.

5.3 Author Responsibility

The Author is solely responsible for all content they create, publish, and distribute through Questiory. This includes, but is not limited to:

Texts, images, links, videos, and any other material included in their presentations.
Responses and data collected from Participants.
Compliance with applicable laws, including data protection and privacy regulations.
Obtaining necessary permissions to use third-party content.
The truthfulness and accuracy of the information presented.

5.4 Public Nature of Presentations

All presentations created on Questiory are public by default. This means that:

Anyone with access to a presentation’s URL can view its complete content.
Data and responses captured through interactions may be visible to anyone with access to the presentation URL.
There is no functionality for private or password-protected presentations.
The Author is responsible for not including confidential, sensitive, or private information in their presentations.
The Author must warn Participants that their responses will be publicly visible before they provide information.

Questiory is not responsible for the exposure of information included in presentations or data captured through them. By using the Service, you accept and understand this public nature.

5.5 Participant Data

When Authors collect data from Participants through their presentations:

The Author acts as the data controller for such data.
The Author must inform Participants about the collection and use of their data, including its public nature.
The Author is responsible for complying with applicable data protection laws (such as GDPR, CCPA, or other local regulations).
Questiory acts solely as a data processor, providing the technical infrastructure.

6. Acceptable Conduct

6.1 Permitted Use

The Service must be used in a legal, ethical, and respectful manner. You agree to:

Treat other users with respect and consideration.
Provide truthful and accurate information.
Respect third-party intellectual property rights.
Comply with all applicable laws and regulations.

6.2 Prohibited Conduct

The following is expressly prohibited:

Publishing illegal, defamatory, obscene, pornographic, violent, or hate-inciting content.
Harassing, threatening, intimidating, or discriminating against other users.
Impersonating persons or organizations.
Distributing malware, spam, or engaging in phishing activities.
Attempting unauthorized access to systems, accounts, or data.
Using the Service for fraudulent or deceptive activities.
Violating copyrights, trademarks, or other intellectual property rights.
Collecting personal data without proper consent.
Interfering with the operation of the Service or Questiory’s infrastructure.
Reselling, redistributing, or sublicensing access to the Service without authorization.
Using bots, scripts, scrapers, or other automated tools to access, extract data from, or interact with the Service without prior written authorization.
Making mass or automated requests that may overload or affect the performance of the Service.

6.3 Moderation and Enforcement

Questiory reserves the right to:

Review, moderate, or remove any content that violates these Terms.
Suspend or terminate accounts of users who breach these Terms.
Cooperate with competent authorities when required by law.

7. Intellectual Property

7.1 Questiory’s Ownership

The Service, including its design, source code, features, brand, logos, and all content created by Questiory, are the exclusive property of Questiory and are protected by intellectual property laws.

7.2 License to Use

Questiory grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service in accordance with these Terms and the subscription plan contracted.

7.3 Restrictions

You may not:

Copy, modify, distribute, or create derivative works of the Service.
Reverse engineer, decompile, or disassemble the Service.
Use Questiory’s trademarks or logos without prior written authorization.
Remove copyright notices or other proprietary markings.

7.4 Feedback and Suggestions

If you provide Questiory with ideas, suggestions, improvement proposals, comments, or other feedback related to the Service (“Feedback”), you acknowledge and agree that:

Questiory may use, implement, modify, or develop such Feedback without any obligation to you.
Questiory acquires all rights to any development or improvement derived from your Feedback.
You will have no right to compensation, recognition, or attribution for the use of your Feedback.
Questiory has no obligation to maintain the confidentiality of the Feedback.

By submitting Feedback, you grant Questiory a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable license to use such Feedback for any purpose.

8. Privacy and Data Protection

The processing of personal data by Questiory is governed by our Privacy Policy, which forms an integral part of these Terms. By using the Service, you accept the practices described in that policy.

8.1 Analytical Tools

Questiory uses third-party analytical tools (such as Google Analytics, Hotjar, Sentry, and others) to improve the Service, analyze usage patterns, and diagnose technical issues.

8.2 Consent to Electronic Communications

By creating an account or using the Service, you consent to receive electronic communications from Questiory, including:

Emails related to your account (confirmations, security notifications, service changes).
Notifications about Service updates, new features, or changes to the Terms.
Technical support communications in response to your inquiries.

You agree that these electronic communications satisfy any legal requirement that such communications be in writing. You may manage your optional communication preferences from your account settings, although certain essential communications related to your account cannot be disabled while you maintain an active account.

9. Service Availability

9.1 Service Operation

Questiory strives to maintain the Service available continuously. However, we do not guarantee uninterrupted availability. The Service may experience interruptions due to:

Scheduled or emergency maintenance.
System updates and improvements.
Factors beyond our control (third-party infrastructure failures, natural disasters, etc.).

9.2 Service Modifications

Questiory reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without prior notice.

10. Disclaimer of Warranties

10.1 Service “As Is”

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or continuous availability.

10.2 No Guarantee of Results

Questiory does not guarantee:

That the Service will meet your specific requirements.
That the Service will operate in an uninterrupted, secure, or error-free manner.
The accuracy, reliability, or completeness of any content or information.
That defects will be corrected.

10.3 Data Responsibility

Questiory is not responsible for the loss, corruption, or deletion of data, content, or presentations. Users are strongly encouraged to maintain their own backups of any critical or valuable content.

10.4 Third-Party Content

Questiory is not responsible for content created by Authors or responses provided by Participants. Users use and interact with such content at their own risk.

10.5 Third-Party Services

The Service may contain links to or integrate with third-party websites or services. Questiory Limited does not control, endorse, or assume any responsibility for such third-party services, including their content, privacy policies, or practices. Your use of third-party services is subject to the terms and conditions of such third parties.

10.6 Force Majeure

Questiory Limited shall not be liable for any failure or delay in fulfilling its obligations under these Terms caused by circumstances beyond its reasonable control, including, but not limited to: natural disasters, acts of war or terrorism, pandemics, telecommunications or internet infrastructure failures, power outages, government actions, or failures of external service providers.

10.7 Assumption of Risk

You acknowledge and agree that use of the Service is at your own risk. Questiory Limited does not guarantee that the Service will be free from errors, interruptions, data loss, security attacks, or other problems. By using the Service, you assume all risks associated with such use.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

11.1 Exclusion of Damages

Questiory shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to:

Loss of profits, revenue, or data.
Business interruption.
Loss of business opportunities.
Damages arising from the use or inability to use the Service.

11.2 Maximum Limit

Questiory’s total cumulative liability for any claim related to these Terms shall not exceed the total amount paid by you to Questiory during the twelve (12) months prior to the event giving rise to the claim.

11.3 Applicability

These limitations shall apply regardless of the legal theory under which the claim is brought, whether contractual, tort, negligence, or otherwise, even if Questiory Limited has been advised of the possibility of such damages.

11.4 Basis of Agreement

You acknowledge that Questiory Limited has set its service prices and entered into these Terms based on the liability limitations and warranty disclaimers set forth herein, and that these constitute an essential basis of the agreement between the parties.

11.5 Jurisdictions with Restrictions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, Questiory Limited’s liability shall be limited to the maximum extent permitted by applicable law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Questiory Limited, its directors, officers, employees, agents, affiliates, successors, and assigns (collectively, the “Indemnified Parties”), from and against any claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, or expenses (including, without limitation, reasonable attorneys’ fees and litigation costs) arising out of or related to:

Your access to or use of the Service.
Your User Content, including any claim that such content infringes third-party rights.
Your violation of these Terms or any representation or warranty contained herein.
Your violation of any law, rule, regulation, or third-party rights.
Any dispute or claim between you and any Participant, user, or third party.
The processing of personal data collected through your presentations.
Any damage caused by viruses, malware, or malicious code transmitted through your content.

This indemnification obligation shall survive the termination of these Terms and your use of the Service.

13. Termination

13.1 Termination by User

You may stop using the Service and cancel your account at any time from your account settings.

13.2 Termination by Questiory

Questiory may suspend or terminate your access to the Service, with or without cause, at any time and without prior notice, including but not limited to:

Violation of these Terms.
Conduct that harms other users or Questiory.
Illegal or fraudulent activities.
Non-payment of subscriptions.
Business decisions, including partial or total cessation of the Service.
Changes in the economic or technical viability of operating the Service.
Legal or regulatory requirements.
Any other reason at Questiory’s sole discretion.

13.3 Service Discontinuation

Questiory reserves the right to discontinue, substantially modify, or completely cease the Service at any time, with or without prior notice. In the event of a planned Service shutdown, Questiory will make reasonable efforts to notify users in advance when possible, but is not obligated to do so. Questiory shall not be liable to you or any third party for the discontinuation of the Service.

13.4 Effects of Termination

Upon termination, for any reason:

Your right to access and use the Service will cease immediately.
Questiory may delete your account and all associated content without obligation to maintain copies.
You will have no right to any refund for unused periods, except where expressly required by applicable law.
Questiory shall not be liable for the loss of data, content, or information associated with your account.
Provisions that by their nature should survive (including, without limitation: limitation of liability, indemnification, intellectual property, disclaimer of warranties, and governing law) shall continue in effect.

13.5 No Obligation to Maintain Service

Nothing in these Terms obligates Questiory Limited to continue operating the Service, maintain any specific functionality, or provide support for any determined period of time.

14. Modifications to Terms

Questiory reserves the right to modify these Terms at any time. Modifications will take effect:

Immediately for new users.
Thirty (30) days after publication for existing users, or immediately if required by law.

We will notify you of significant changes through the email associated with your account or through a prominent notice on the Service. Continued use of the Service after the modifications take effect constitutes your acceptance of the new Terms.

15. General Provisions

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Questiory is incorporated, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any dispute arising from these Terms or the use of the Service shall be resolved through binding arbitration, in accordance with the applicable arbitration rules in the corresponding jurisdiction. You waive any right to participate in class action lawsuits.

15.3 Entire Agreement

These Terms, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and Questiory with respect to the Service.

15.4 Severability

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

15.5 Waiver

Questiory’s failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.6 Assignment

You may not assign or transfer these Terms or your rights hereunder without Questiory’s prior written consent. Questiory may assign these Terms freely without restriction.

15.7 Notices

Notices to Questiory must be sent through official support channels. Notices to users will be sent to the email registered with the account or posted on the Service.

16. Contact

If you have questions about these Terms of Service, you may contact us through:

Company: Questiory Limited
Email: info@questiory.com
Website: www.questiory.com

By using Questiory, you confirm that you have read, understood, and accepted these Terms of Service, including all liability limitations and warranty disclaimers set forth herein.