End User Licence Agreement

This Licence covers the Pop Quiz software: the web application, its interface, its source code, and anything we give you to run or extend it. It is the agreement about the tool.

It deliberately does not cover, because two of the three do:

• your account, the quizzes you write and how ranking points work: those are in the Terms of Service;
• what happens to your personal data: that is in the Privacy Policy.

Where this Licence and the Terms both speak to how you may use the software, this Licence governs. On anything else, the Terms do.

For as long as your account is in good standing, we grant you a personal, non-exclusive, non-transferable, revocable licence to use Pop Quiz for your own purposes, whether that is personal, educational or internal to your organisation. There is no fee for this licence and no copy for you to install: the software runs on our servers and you use it through a browser.

You may use it to make quizzes and give them to other people, including in a classroom or a workplace, and including where money changes hands between you and them for something else. What you may not do is resell access to the software itself, which clause 3 covers.

You may not:

• copy, sell, rent, sublicense or redistribute the software, or offer it to others as a service of your own;
• modify, translate or create derivative works from it, or remove or obscure any notice of ownership in it;
• reverse engineer, decompile or disassemble any part of it, except to the extent the law where you live gives you that right regardless of what a licence says (in the EU, for interoperability under the Software Directive);
• access it other than through the interface we provide: no scraping at volume, no automated clients, no calling internal endpoints directly, no circumventing rate limits or authentication;
• probe, scan or stress-test it, or attempt to defeat any security or fair-play mechanism, other than by reporting what you find to support@popquiz.com;
• use it to build or train a competing product, or to extract its content in bulk for that purpose.

We own the software, and this is a licence to use it, not a sale of it. That covers the source code, the design, the interface, the Pop Quiz name and logo, and any improvement to any of them. Rights we do not grant here explicitly, we keep.

You own what you make with it. The quizzes, questions, answers, explanations and images you create stay yours, and clause 4 of the Terms sets out the limited permission we need to store and display them. Nothing in this Licence transfers your content to us.

If you send us a suggestion or a bug report, we may act on it without owing you anything for it. We are not asking you to give up anything you own, only saying that an idea in a support email does not create a claim on the product.

Pop Quiz is built on third-party open source software, and each component comes with its own licence. Where one of those licences grants you rights that go further than this document, or imposes conditions on us, that licence governs that component and nothing here overrides it.

If you would like the list of components and their licences, ask at support@popquiz.com.

Because the software runs on our servers, updates happen without you doing anything, and you do not get to stay on an older version. Features may be added, changed or removed. We will not pretend that is always an improvement from where you are sitting, and if we remove something you depend on we will say so rather than let you find out.

This Licence applies to whatever version is running at the time. If we change the Licence materially, we will tell you before the change takes effect.

The software is licensed as it is, with all faults, and without warranty of any kind: no implied warranty of merchantability, of fitness for a particular purpose, or of non-infringement. We do not warrant that it will be uninterrupted, that it will be free of defects, or that it will meet your requirements.

We also do not warrant the accuracy of quiz content. Quizzes are written by users, and a wrong answer key belongs to whoever wrote it.

If you are a consumer, this clause does not affect the statutory rights you have where you live, and it does not exclude liability that cannot lawfully be excluded.

To the fullest extent the applicable law allows, we are not liable for indirect, incidental, special or consequential loss arising from your use of the software, nor for lost data, lost profits or lost goodwill, even if we were told such loss was possible.

Nothing in this clause limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

This Licence ends when your account does, whether you closed it or we did, and it ends immediately if you breach clause 3. When it ends you stop being permitted to use the software. Clause 8 of the Terms covers what happens to your account and your content, including the window in which a deletion can still be undone.

Clauses 4, 7 and 8 of this document survive the Licence ending, because they are about what was already done rather than about ongoing use.

This Licence is governed by the law of France. If you are a consumer, you keep the right to bring a claim in the courts of the country where you live. If any clause here is unenforceable, the rest stays in force.

The Pop Quiz team, [postal address to be confirmed]. Questions: support@popquiz.com.