Preamble

The Company

GolriGames SAS, hereinafter referred to as the "Company," is registered with the French Trade and Companies Register (RCS) of Troyes (Troyes B 925 277 972) with a share capital of three thousand euros (€3,000).

SIREN: 925277972

Intra-community VAT number: FR 60925277972.

Its registered office is located at 8T Rue du Grand Ménétrier, 10000 Troyes, France.

Its contact email for all general communications is coucou@zequiz.com

Purpose

These General Terms and Conditions govern:

• The use of the Service and additional services provided or available to individuals or entities acting within their business (the “User,” “Client,” “You,” and “Your”).
• The rights and obligations of the Company towards the Client.

This document constitutes a license agreement ("Agreement") between the User and the Company.

The Website

The website zequiz.com, hereinafter referred to as the "Website," is provided to the User for general information about the Service and as a platform to access the Service.

Terminology

Any use of the above terminology or other words in singular, plural, capitalized, and/or masculine or feminine forms is interchangeable and refers to the same meaning.

The Service

ZeQuiz, hereinafter referred to as the "Service," is a SaaS solution enabling Clients to host interactive games in real-time for an audience of players via web browsers. The Service is accessible through dashboard.zequiz.com, api.zequiz.com, and the domain/subdomains of zequiz.live.

Each game session allows players to answer various types of questions/challenges using their computers or smartphones.

The organizer can create their own questions/challenges using text, images, and audio through the Service.

Sessions are hosted by an organizer, who serves as the game master. The organizer controls the session's pace, validates responses, and initiates the session connection. All features are detailed on the Website page: All Features of ZeQuiz. Available features depend on the subscription plan chosen by the User.

User Obligations

The User agrees to carefully read these General Terms and Conditions of Service. By using the Service, the User acknowledges they have read and accepted these Terms and Conditions.

The Company reserves the right to amend these Terms at any time. Users will be notified of changes, and acceptance is required to continue using the Service. In case of non-acceptance, the User may request account deletion and cancellation of their plan if applicable.

The last update date of these Terms and Conditions is displayed at the bottom of this page.

The User must comply with these Terms, as well as all applicable laws and regulations. The Company is not responsible for any misuse of the Service by the User.

Users must adhere to the following guidelines:

• Be at least 18 years old to use the Service.
• Avoid creating accounts through automated methods.
• Provide their full legal name, a valid email address, and any other requested information to complete the registration and purchase process.
• Maintain the security of their account and password.
• Avoid sharing access to the Service; additional licenses are available through the Service.
• Not post defamatory, discriminatory, or illegal content about the Company or the Service.
• Notify the Company promptly of any bugs, incidents, or security issues.
• Inform the Company of any third-party complaints, claims, or legal actions related to their use of the Service.
• Avoid creating more than one free account.
• Not use the Service for unlawful or unethical purposes.
• Respect intellectual property rights.
• Avoid modifying, hacking, or altering the Service or Website.
• Not use the Service for unauthorized access to third-party systems or networks.

The Company reserves the right to suspend or terminate an account in case of violations.

Non-compliance will result in account suspension or deletion, along with any associated content.

User Rights

Privacy Policy

The Company’s Privacy Policy outlines User data rights, the details of collected data, and protective measures.

User Content License

As part of using the Services, the User may upload or share photos, videos, images, data, text, and other types of works ("Content") on the Website. The User retains intellectual property and other rights they possess over this Content.

The User is fully responsible for their Content and the implications of its dissemination through the Services. By uploading or sharing Content, the User represents and warrants the following:

• They are the creator and owner of the Content or have the necessary licenses, rights, consents, and permissions to allow the Company to use and distribute this Content under the license described below.
• The Company’s use of their Content, in accordance with the Terms:
  (a) does not violate or infringe on the rights of any third party, including but not limited to copyright, trademarks, patents, trade secrets, moral rights, rights of privacy, publicity rights, or other intellectual property rights;
  (b) does not defame, slander, or infringe upon the privacy, image, or other rights of another person;
  (c) does not obligate the Company to violate any law or regulation.

The User's Content must not be deemed objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or inappropriate by a reasonable person.

By using the Services, the User may share their content with the community (making it public). In this context, to provide and promote the Service, the User grants the Company and its trusted partners a worldwide, royalty-free right and license to use, reproduce, host, store, transfer, display, modify, adapt, rearrange, create derivative works from, and otherwise exploit, in whole or in part, the User's Content.

It is specified that the User will not receive any payment, royalty, or other compensation, and no additional authorization, notification, or attribution is required for the use of the User's public content.

The User hereby releases the Company from any claims related to their rights, obligations, privileges, demands, actions, or lawsuits in connection with their Content, including, but not limited to, any liability related to the authorized or unauthorized use of their Content and claims related to publicity rights or economic losses.

Account Deletion

The User may delete their account through their Service account dashboard. The account will be deleted within seven (7) days following the request.

If the User no longer has access to their account, the request can be made via support, subject to verification of the request's origin.

If the User has subscribed to a paid Service plan, it will be canceled, and no prorated refund will be provided.

All User content will be immediately deleted upon account cancellation. This information cannot be recovered once the account is canceled.

Termination

If the User subscribes to a paid Service plan with a non-binding subscription, they may terminate it.

Use of the Website and Services

The Company reserves the right to deny access to its Services or terminate access in the event of a violation of these General Terms and Conditions. The Company also reserves the right to refuse to provide the Services to anyone, for any reason, at any time.

Service Modifications

The Company may interrupt or modify any service or feature of the Service at any time. Where possible, such modifications will be notified to Users in advance.

Force Majeure

If an event of force majeure, as defined by French law and jurisprudence, prevents the Company or the User from fulfilling their obligations, these obligations will be suspended for the duration of the force majeure event.

If the force majeure event prevents one party from fulfilling its obligations for more than thirty (30) days, the party whose obligations are not directly affected by the event may terminate these Terms of Use by providing written notice to the other party.

In such cases, no indemnity will be owed by either party.

Service Offers

Preamble

The Service provides limited free access for any User who creates an account. Once registered, the User can choose from various plans and pay for the desired service. The Service offers monthly and annual subscriptions as well as limited-time offers.

Subscriptions are non-binding and can be canceled at any time. Access to associated features will remain active until the end of the paid period.

Free Account

The level of service associated with free use is described on the Website's offer pages as well as in the User's private area on the Service.

The terms of the free offer may be changed unilaterally by the Company.

Paid Plans

The Service offers different paid plans for Users. Subscriptions to these plans can be made in two ways:

• Via the Service, where the process is automated, and payment is securely handled by Stripe.
• By contacting the Company, where the process is handled manually, and payment is made via bank transfer.

All prices displayed on the Website, the Service, and communications with the Company are exclusive of taxes. VAT will be applied in accordance with applicable legislation.

If the User manages their plan through the Service, they can independently change their subscription.

• Upgrading to a higher plan provides a prorated credit for the remaining time of the current plan.
• Downgrading to a lower plan does not entitle the User to a refund.

Changes to the plan may result in the loss of data, features, or account capacity. The Company accepts no responsibility for such losses.

The features associated with paid plans may be changed unilaterally by the Company, and Users will be notified of changes to their subscribed plan.

Paid plan prices may change, but existing subscriptions will remain at their current rates unless stated otherwise. Any pricing changes may be communicated through the contact information provided by the User.

Duration and Termination

The duration of service plans (monthly/annual) is displayed in the Service's offerings.

Subscriptions

• Subscriptions are non-binding and may be canceled at any time through the User's private area on the Service or by contacting the Company's support team.
• Automatic renewal is enabled by default.

Limited-Time Offers

• Limited-time offers are non-renewable; the duration is three (3) months. After this period, access is no longer available.

Access to features associated with the subscription remains active until the end of the paid period. No prorated refunds will be provided.

The Company may terminate a non-binding plan with one (1) month's notice via email.

The Company also reserves the right to suspend or terminate an account without notice, cease providing Services, or terminate any plan in the event of a User's violation of these Terms of Use or any legal or regulatory obligations.

Additionally, the Company reserves the right to take legal or criminal action against the User for violations leading to termination.

Termination due to a User's violation does not entitle them to a refund of any fees already paid.

Refund Policy

In the event of termination, no prorated refunds will be provided.

In case of a dispute, applicable regulations, judicial decisions, or the refund policies of the payment platform used will apply.

Penalties

In the event of non-payment for Services, the Service will be suspended.

If payment is governed by a specific contract between the Company and the Client (see Exceptions), penalties will apply.

• Penalties will accrue from the day following the payment due date indicated on the invoice until the full payment is made.
• The penalty rate will follow the provisions of applicable French law.

These penalties are automatically due without requiring the Company to send reminders.

The User will also be required to pay a fixed recovery fee of at least forty euros (€40) to cover costs incurred by the Company in recovering the outstanding amount.

Service Level Agreement

Company Responsibilities

• The Company guarantees a 99% Service availability rate.
• The Company provides and maintains the Service used by the Client and makes it available through its SaaS website.
• The Company responds to assistance requests within a reasonable timeframe.
• The Company takes measures to escalate and resolve issues appropriately and promptly.
• The Company commits to maintaining good communication with the Client at all times.

The Company will always strive to resolve issues as quickly as possible, recognizing that the Client’s use of the system is critical to their business and that downtime may result in costs.

However, the Company cannot guarantee specific resolution times due to the varying nature and causes of issues. Nevertheless, the Company commits to making all necessary efforts to resolve problems as quickly as possible and will provide regular updates on progress to the Client.

User Responsibilities

• The User agrees to inform the Company of issues promptly.
• The User commits to using the Services as designed and on the platforms specified by the Company (operating systems, web browsers).
• The User agrees to maintain good communication with the Company at all times.

Support and Assistance

Support services are accessible through the Website and Service via chat and support forms. Response times are within 48 hours during business hours and days.

For Users subscribed to a plan that includes Premium Support, the dedicated channel will aim to respond within 8 hours during business hours and 12 hours on weekends and public holidays.

Exceptions

If a specific agreement exists between the Client and the Company for the provision of the Service, this agreement takes precedence over the payment terms and/or any other provision of these General Terms and Conditions of Use.

Limitation of Liability

The Company shall not be held liable for indirect, special, incidental, consequential, or punitive damages arising from the use or inability to use the Service, or reliance on it.

This includes loss of profits, data, customer goodwill, business interruptions, or computer failures/malfunctions, even if the Company knew or should have known about the possibility of such damages.

In jurisdictions where exclusion or limitation of liability for such damages is prohibited by law, the Company’s liability and that of its suppliers are limited to the extent permitted by law.

Case Studies

The User consents to the Company using their experience with the Services as a means of communication and marketing to other businesses, media, and third parties.

Only the following information may be disclosed: the User’s company name and general statistics such as usage rate and satisfaction rate.

It is strictly prohibited to disclose data related to quiz or game content or any other information explicitly designated as confidential.

In return, the User is authorized to use these case studies for promotional purposes with their employees or clients.

Intellectual Property Rights

The content available on the Website and Service, including text, photographs, images, icons, videos, software, databases, and other elements, is owned by the Company and protected by intellectual property laws. This includes their compilation and organization.

Content published by Users on the Website and Service, as well as its compilation and organization, is similarly protected under the intellectual property rights of the respective Users.

The Company’s names and logos displayed on the Website are registered trademarks and/or trade names protected by law. These trademarks must not be used for products or services not affiliated with the Company, nor in a manner likely to confuse consumers or harm the Company’s reputation.

Without explicit permission, Users are prohibited from copying, reproducing, representing, modifying, transmitting, publishing, adapting, distributing, broadcasting, licensing, transferring, or selling the Website’s content in any form or by any means, or exploiting it otherwise without prior written authorization from the Company.

Language

Users explicitly agree that these Terms of Use are a translation of the French terms and are provided for informational purposes only. In case of discrepancies, the French version shall prevail.

Jurisdiction and Applicable Law

These Terms of Use are governed by and interpreted under French law, without regard to conflict of law principles.

If the User and the Company cannot resolve a dispute amicably, they agree to submit any disagreement arising from the interpretation or execution of these Terms to the exclusive jurisdiction of the courts of Troyes, France.

The User is informed of the possibility of submitting disputes to mediation or any alternative dispute resolution procedure.

Content Reporting

If you believe any content is illegal, inappropriate, or infringes on your rights, including moral or intellectual property rights, you may notify the Company at signal@golrigames.com.

Reports of alleged intellectual property violations must include:
(a) Your address, phone number, and email address.
(b) A description of the copyrighted work you believe has been infringed.
(c) A description of the allegedly infringing content, with a link or screenshot if possible.
(d) A statement asserting your good faith belief that the contested use is not authorized by the copyright owner, their agent, or the law.
(e) An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
(f) A declaration under penalty of perjury that the information in your notification is accurate and that you are the copyright owner or authorized to act on their behalf.

If the Company is informed of a violation, it may, at its discretion, remove the content from the Service or take any other action deemed appropriate, subject to applicable law, without notifying the User or the party who provided the content beforehand.

Last Updated
June 1, 2024