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Terms and Conditions

Last Updated: November 28, 2024

1. Acceptance of Terms

Welcome to Iterrate Technologies, LLC (“we,” “us,” or “our”). By accessing or using our Software-as-a-Service (SaaS) - Kwizgo subscription quiz generator platform (“Service”), you (“User” or “you”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you may not access or use the Service.

2. Definitions

  • Service: The SaaS subscription quiz generator that uses machine learning models to create quizzes based on uploaded files.
  • User Content: Any files, data, or content uploaded by the User to the Service.
  • Subscription: The paid plan that grants the User access to the Service features.

3. Eligibility

By using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms.

4. Account Registration

You must register for an account to access the Service. You agree to provide accurate and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5. Subscription and Payment Terms

  • Fees: Access to the Service requires payment of subscription fees as outlined on our website.
  • Billing: Subscription fees are billed in advance on a monthly or annual basis, as selected by you.
  • Payment Processing:
    • Third-Party Payment Processor: All payments are processed by a third-party payment processor (“Payment Processor”).
    • Payment Method: You must provide accurate and complete billing information, including a valid payment method.
    • Payment Processor's services is subject to their terms and conditions and privacy policy.
  • Refund Policy: All fees are generally non-refundable unless otherwise specified in these Terms or required by law. If you experience a critical technical issue preventing use of the Service and we are unable to resolve it within a reasonable period, you may request a refund. Refund requests must be submitted in writing to support@iterrate.co within 7 days of the billing date. Any granted refunds will be issued at our sole discretion.
  • Shipping or Delivery Policy: Because our Service is delivered digitally and does not involve any physical goods, no shipping or delivery fees apply. Access to the Service is granted immediately upon successful payment and account setup.
  • Return Policy and Process: Returns are not applicable to our Service, as we do not provide physical products. Once you have been granted access to the Service, it is considered fully delivered. If you believe a refund should be considered due to a technical issue, please refer to our Refund Policy above.
  • Cancellation Policy: You may cancel your subscription at any time through your account settings. Cancellation will prevent future billing, and you will retain access until the end of the current billing cycle. No prorated refunds are provided for unused time remaining in your subscription period.

6. License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes.

7. User Obligations

  • Compliance: You agree to use the Service in compliance with all applicable laws and regulations.
  • Prohibited Activities: You shall not:
    • Reverse engineer, decompile, or disassemble any aspect of the Service.
    • Use the Service to transmit unlawful, infringing, or harmful content.
    • Interfere with or disrupt the integrity or performance of the Service.

8. User Content

  • Ownership: You retain all rights to your User Content.
  • License to Us: By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and process the User Content solely for providing the Service.
  • Representations: You represent that you have all necessary rights to upload the User Content and that it does not infringe any third-party rights.

9. Intellectual Property Rights

  • Our Rights: We retain all rights, title, and interest in and to the Service, including all intellectual property rights.
  • Feedback: Any feedback or suggestions you provide regarding the Service may be used by us without any obligation to you.

10. Data Privacy and Security

  • Privacy Policy: Our Privacy Policy explains how we collect, use, and protect your personal information.
  • Data Security: We implement commercially reasonable measures to secure your User Content. However, we cannot guarantee absolute security.

11. Confidentiality

You agree not to disclose any confidential information obtained from us without our prior written consent. Confidential information includes non-public information related to the Service, business operations, or technology.

12. Third-Party Services

The Service may integrate with third-party services. We are not responsible for the availability or accuracy of such services, or the content, products, or services available from such services.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

15. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates from any claims, liabilities, damages, losses, and expenses arising from your use of the Service or violation of these Terms.

16. Termination

  • By You: You may cancel your Subscription at any time through your account settings.
  • By Us: We may suspend or terminate your access to the Service if you violate these Terms.
  • Effect of Termination: Upon termination, your right to access the Service will immediately cease. Sections that by their nature should survive termination shall survive.

17. Modifications to the Service and Terms

We reserve the right to modify or discontinue the Service at any time. We may also update these Terms from time to time. We will notify you of any material changes by posting the new Terms on our website. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

18. Governing Law and Jurisdiction

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. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware, and the parties hereby consent to the personal jurisdiction and venue therein.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

20. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

21. Entire Agreement

These Terms, along with the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.

22. Contact Information

If you have any questions about these Terms, please contact us at: support@iterrate.co

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.