ACTIVEQUIZ TERMS OF USE

1. The Agreement and Parties

1.1 The Service and Terms

ActiveQuiz Europe AB ("ActiveQuiz") provides an IT service named ActiveQuiz ("the Service") which is a digital quiz walk where people ("Users") can enter QuizCodes in an app ("the Application") and carry out walking quizzes where questions are activated by motion. Private individuals and organizations ("the Customer") can create quizzes themselves and follow statistics on participation through an online-based platform ("the Website"). The service is provided in a browser via the Website and through the Application on a mobile device.

1.2 The Agreement

When purchasing a subscription or piecewise event, the Customer becomes bound by these terms and conditions by actively checking a dialog box on the Website or in the Application, alternatively by signing a physical agreement, which refers to these terms and conditions. The person who approves the agreement guarantees that he has the right to enter into an agreement on behalf of the Customer. The Customer can also become bound by these terms and conditions by accepting a specially prepared quote and thereby entering into an agreement with ActiveQuiz. By accepting these conditions, the Customer accepts to be bound by the conditions for all possible additional purchases that the Customer makes.

1.3 Change of the Contract Terms

ActiveQuiz reserves the right to change these terms and conditions at any time. The change applies from and after the Customer's and User's approval, however no later than from the following month. The Customer will be notified on changes to the price for the Service through the e-mail address the Customer provided to ActiveQuiz in connection with the creation of the Customer's account on the Website or Application.

2. The Use of the Service

2.1 The Right to Use

The Customer has the right to use the Service as long as the agreement is in force according to point 6.

2.2 Number of Users

In cases where ActiveQuiz and the Customer have chosen to limit the number of users, based on the current price at the time of the conclusion of the agreement, the extent of the limitation appears in the respective offer and/or purchase agreement.

2.3 Provision of the Service and Login Information

Information about the technical way in which the Service is provided, and how the Customer must proceed to gain access to it, is provided on the Website. The customer is given access to the Service through customer-specific login details. The customer's login details may not be disclosed for use by anyone other than the Customer. The Customer undertakes to store and manage the received login information so that unauthorized use is prevented. The Customer is responsible for ensuring that the persons who gain access to the Customer's login details comply with what is stated in this agreement.

2.4 Intellectual Property Rights

The Customer is given a right to make the Service available to Users during the validity period of the agreement. Quizzes included in the QuizBank are copyright-protected by ActiveQuiz or by others who created them. The Customer may not, through any form of sound, image or data recording, record or save the content of the Service, e.g. on the Customer's hard drive or other storage space. The Customer and the User may not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any content for any other purpose without the prior written consent of ActiveQuiz or the respective owner of the content, or by applying that a quiz must be made available to other users by checking the option "Contribute to the public QuizBank". ActiveQuiz and its licensors reserve all rights not expressly granted in and to the Service. The Customer is responsible for ensuring that the content uploaded or entered into the Service on the Website and the Application does not contain copyright-protected material from third parties or is material subject to third-party ownership. The Customer is responsible for owning or having the necessary licenses, rights, approvals, and authorizations to publish the content uploaded or entered into the Service on the Website and the Application, and that the content does not contravene Swedish legislation.

2.5 No Assignment

The subscription does not include the transfer of any intellectual property rights.

2.6 Transfer or Assignment to Third Parties

The Customer does not have the right to assign this agreement or sub-license any right of use to the Service or parts of it to third parties beyond what appears in this agreement without written consent by ActiveQuiz.

2.7 Termination of the Service

ActiveQuiz shall have the right to monitor the use of the Service. In the event of a clear violation of the terms or other abuse, ActiveQuiz has the right to close the Customer's access to the Service and the Customer's user identification. In such a case, the Customer is not entitled to a refund of the payment made for the period in question. Upon closing the Service, the agreement ends in accordance with what is stated in point 6.2.2.

3. ActiveQuiz's Responsibility

3.1 Provision Interruption

ActiveQuiz strives for the Service to be available and functioning to the greatest extent possible, but due to any unforeseen updates and maintenance work, ActiveQuiz has the right to temporarily interrupt the provision of the Service without prior notice, if such interruption is, according to ActiveQuiz's judgment, required for technical changes, server maintenance, program changes, for renewal of the Service or its content or for other similar reasons. Planned downtime is notified to the Customer as far in advance as possible. The Customer also understands that ActiveQuiz cannot influence the distribution on the Internet and therefore cannot be responsible for the functional safety of the distribution or for other interruptions due to the Customer's Internet connection, technical equipment or similar conditions. The Customer is not entitled to a refund of the fee paid, except in the event that the availability of the Service has been significantly restricted for a long time caused by ActiveQuiz through negligence. For support with the Service, the Customer and User are referred to support@activequiz.com .

3.2 Function and Content of the Service

ActiveQuiz strives to develop the Service in the best possible way, but does not guarantee the Service's functionality. ActiveQuiz is not responsible for the Service being possible to use with full functionality together with every form of hardware or software that appears and has appeared on the market. ActiveQuiz, ActiveQuiz employees and contractors engaged by ActiveQuiz are not responsible for the accuracy of the content of the quizzes provided through the Service, nor for other information or services provided by third parties and related to the Service. Quizzes made available are primarily intended to form a basis for entertainment and physical activation, and the content of questions and answer options has not been previewed or fact-checked by ActiveQuiz and thus cannot be guaranteed to constitute quality-assured educational material, even if the Service is used for this purpose. ActiveQuiz invites the Customer to contact ActiveQuiz if the Customer believes that quiz content is inappropriate, outdated or in any way in need of updating.

3.3 Limitation of Liability

ActiveQuiz, ActiveQuiz employees or ActiveQuiz contractors are not responsible for damage that may be caused by the Service, non-existent or incorrect provision of the Service or that the Service could not be used for a certain purpose, even if this would have been known to ActiveQuiz. In particular, ActiveQuiz disclaims liability for indirect loss including loss of data, lost profit or income, consequential damages and claims from third parties. Should the right to compensation arise in a certain case, ActiveQuiz's total liability for reduction of the purchase price and damages is always limited to an amount corresponding to the price the Customer paid for the Service.

4. Customer's Responsibility

4.1 Responsibility for Own Use

The Customer is responsible for damage that may be caused to ActiveQuiz or other Customers and Users of ActiveQuiz services due to use other than the Service was intended for. It is the responsibility of the Customer to keep ActiveQuiz informed of changes regarding the email address through which ActiveQuiz can communicate with the Customer. Unless otherwise specified by the Customer, the e-mail address specified by the Customer when ordering the Service shall be considered to be the Customer's e-mail address.

4.2 The Customer's Responsibility for Others

If the Customer's user credentials have been used by someone else, the Customer is also responsible for such damage that may have been caused. If the Customer has handed over the obtained user credentials to another individual or organization, the Customer is also responsible for the financial damage ActiveQuiz suffers from unauthorized use of the Customer's credentials. In this regard, ActiveQuiz shall always be entitled to receive compensation corresponding to the price that would have been paid for a subscription or piecewise event corresponding to that which the Customer has.

5. Price and Payment

5.1 Price and Payment Terms, etc.

The price and payment terms offered to the Customer shall apply. If the subscription is not cancelled no later than the day before the end of the subscription period, the subscription is extended by the same subscription period agreed upon. For price and terms change, see point 1.3.

5.2 Payment

Payment is made through the payment options chosen by the Customer in accordance with what was offered to the Customer. At the end of a period, a new invoice is issued, or debited via another chosen means of payment, for the following period as long as the agreement is valid. If the selected means of payment is an invoice, this is issued with a 30-day payment period. In case of non-payment, late payment interest is added according to the Interest Act.

6. Agreement Period and Termination of the Agreement

6.1 Contract Period

The agreement applies from the day the Customer, or ActiveQuiz at the Customer's request, created an account for the Service and thereafter until and including the day the agreement ends according to point 6.2.

6.2 Termination of the Agreement

6.2.1 Customer's Termination

The Customer's termination of any subscription must take place at least one (1) day before the end of the applicable subscription period, either in writing or via the Website.

6.2.2 Termination by ActiveQuiz

In the event that ActiveQuiz has not received payment for a subscription five (5) days after the due date of an invoice, ActiveQuiz has the right to immediately suspend the Customer from the Service. ActiveQuiz may then terminate the agreement immediately in the event that the Customer does not make payment within the deadline specified in the payment reminder. If ActiveQuiz closes the Service for the Customer's use according to point 2.7, the agreement ends immediately. ActiveQuiz has the right to terminate the Service, by notification to the e-mail address that the Customer last reported to ActiveQuiz, for reasons other than those specified in point 2.7, whereby the agreement ends at the end of the last month of the subscription period that the Customer paid for according to point 5.1.

7. Force Majeure

ActiveQuiz is not responsible for any inconvenience, damage, or loss due to circumstances beyond ActiveQuiz's control. ActiveQuiz is thus released from responsibility for interruptions or disruptions caused by circumstances beyond ActiveQuiz's control, e.g. accidents, lightning, fire, explosion, war, riot, flood, severe weather or act or omission of an authority or other third party.

8. Personal Data

Personal data is processed in accordance with the Personal Data Act (1998:204) and the Data Protection Regulation (GDPR). By ordering the Service, the Customer agrees to the registration and handling of the Customer's personal data. The information provided by the Customer is used exclusively for ActiveQuiz's processing of the Customer's order and payment for the Service and to maintain the customer relationship between ActiveQuiz and the Customer. No information will be sold or passed on to third parties. The Customer and the User can, after a written and personally signed request to ActiveQuiz, obtain information about which data about them ActiveQuiz holds. If they are incorrect, incomplete or irrelevant, the Customer and the User have the right to request the data to be corrected or deleted. The Customer is responsible for keeping username and password confidential, so that no one can use this information improperly. ActiveQuiz reserves the right to use the Customer's and User's provided contact details for information to the Customer and User about ActiveQuiz and ActiveQuiz's customers and partners' products and special campaigns. Regardless of what is stated above, ActiveQuiz has the right to indicate the Customer in its marketing on ActiveQuiz websites and other marketing channels, as well as indicate the Customer as a reference and that the Customer is a customer of ActiveQuiz. The customer also grants ActiveQuiz the right to use the customer's logotype in connection with this.

9. Applicable Law and Jurisdiction

9.1 Applicable Law

This agreement shall be interpreted and applied in accordance with Swedish law.

9.2 Court

Disputes between ActiveQuiz and the Customer regarding this agreement or legal relationship arising from it shall be settled by a general court in Sweden with the Vänersborg district court as the first instance.