These Terms of Use (“Terms”) govern your access to and use of QuizRace, including the Free, Paid and Enterprise Plans. By creating an Account, purchasing a Plan, hosting a Game or otherwise accessing or using QuizRace, you agree to be bound by these Terms. If you accept these Terms on behalf of an Organisation, you represent and warrant that you have the authority to bind that Organisation.
1 About QuizRace and this Agreement
1.1 QuizRace is a hosted quiz-creation and live multiplayer game service provided by Attensi AS, a company incorporated in Norway with organisation number 994 202 367, whose address is Forskningsparken, Gaustadalleen 21, 0349 Oslo, Norway (“Attensi”, “we”, “us” or “our”).
1.2 This Agreement comprises these Terms, the QuizRace Acceptable Use Policy, the QuizRace Privacy Policy, the QuizRace Cookie Notice, the QuizRace Editorial Guidelines, the QuizRace AI Transparency Notice and, where applicable, an Order Form, the QuizRace Data Processing Agreement and the QuizRace Security Measures Schedule, each of which is incorporated into this Agreement by reference. In the event of any conflict or inconsistency between these documents, the following order of precedence shall apply: (a) mandatory applicable law and, where incorporated, the EU Standard Contractual Clauses and the UK International Data Transfer Addendum; (b) the Order Form; (c) these Terms; (d) the Data Processing Agreement; and (e) the remaining documents forming the Agreement.
1.3 You must be at least 18 years of age to create an Account, purchase a Plan or accept this Agreement. A Player may join a Game without an Account, subject to clause 7.
2 Definitions
2.1 “Account” means a registered user account.
2.2 “Acceptable Use Policy” means the QuizRace Acceptable Use Policy.
2.3 “Administrator” means an individual authorised to administer an Organisation or Workspace.
2.4 “Agreement” means the documents listed in clause 1.2.
2.5 “App” means a QuizRace mobile application.
2.6 “Attensi” means Attensi AS.
2.7 “Child” or “Children” means an individual under the age of 13 in the United States and under the age of 16 elsewhere, or such higher age as may be prescribed by applicable local law.
2.8 “Content Subscription” means a separately purchased right to use specified Attensi content, where offered.
2.9 “Data Processing Agreement” means the QuizRace Data Processing Agreement.
2.10 “Free Plan” means a Plan for which no fee is payable.
2.11 “Game” means a quiz session hosted on QuizRace.
2.12 “Host” means the person who creates or runs a Game.
2.13 “Order Form” means an ordering document accepted by Attensi and the customer.
2.14 “Organisation” means a business, school or other body that uses QuizRace.
2.15 “Paid Plan” means a paid self-service Plan or an Enterprise Plan.
2.16 “Plan” means the applicable Free Plan, paid self-service offering or Enterprise offering.
2.17 “Platform” means the websites, Apps and systems through which QuizRace is made available.
2.18 “Player” means a person who joins a Game.
2.19 “Privacy Policy” means the QuizRace Privacy Policy.
2.20 “Room Code” means the code or link used to join a Game.
2.21 “Seat” means a licence allocated to an authorised user.
2.22 “Service” or “QuizRace” means the Platform, Games and related services.
2.23 “Subscription Period” means the period for which a Paid Plan is purchased.
2.24 “Third Party Application” means any application or service not controlled by Attensi that connects or interoperates with QuizRace.
2.25 “Trial” means temporary access to QuizRace offered for evaluation purposes.
2.26 “Workspace” means the area of QuizRace in which an Organisation manages its users and content.
2.27 “Your Content” means any prompts, questions, files, media, branding, answers and other material submitted by you or on your behalf.
3 Accounts, Organisations and Administrators
3.1 You must provide accurate and complete information, keep that information up to date, keep your login credentials secure and notify support@attensi.com promptly if you suspect any unauthorised use of your Account. You remain responsible for all activity under your Account, including after an Organisation assumes control of it.
3.2 If you register using an email address on a domain owned or controlled by an Organisation, you represent that you are authorised to do so. The Organisation may claim, and assume administrative control of, the Account and any associated Workspace.
3.3 Once an Organisation has assumed control, its Administrator may manage, modify, suspend or terminate the Account and may access Your Content, quiz data, results and communications associated with the Account. Attensi may, but is not obliged to, notify you of any such action. Any requests relating to your data or privacy should be directed to the Administrator in the first instance. Further information is set out in the QuizRace Privacy Policy.
3.4 Administrators must act only within the scope of their authority. Each Organisation is responsible for the acts and omissions of its Administrators and authorised users and for the allocation of its Seats.
4 Plans, Licences and Commercial Use
4.1 For the duration of the applicable Plan, Attensi grants you a limited, non-exclusive, non-transferable and revocable right to use QuizRace for its intended purpose and within the limits of your purchased Plan. No ownership rights are transferred to you under this Agreement.
4.2 A Free Plan is provided for non-commercial use only. You must not use a Free Plan for advertising, marketing, promotional or sales purposes, for paid training or paid events, or to host any Game for which a Player is charged, unless a Paid Plan or a separate written agreement expressly permits such use.
4.3 Paid Plans permit professional and commercial use solely within the allowances published for, or ordered under, the relevant Plan. You must not: (a) resell or sublicense QuizRace or use it to provide bureau services; (b) circumvent any usage limits; (c) reverse engineer QuizRace, except to the extent that applicable law does not permit such a restriction; (d) interfere with the security of QuizRace; or (e) use QuizRace in breach of the QuizRace Acceptable Use Policy.
4.4 QuizRace is not designed or intended for use in emergency or safety-critical applications, or in any other circumstances in which an error could reasonably be expected to cause death, personal injury or serious damage to property or the environment.
5 Service Features, Content and AI
5.1 Features vary by Plan and may include quiz creation, content imports, AI-assisted generation, Room Codes, live Games and results. You are responsible for your own devices and internet connectivity and for your use of any Third Party Applications.
5.2 As between you and Attensi, you retain all rights in Your Content. You grant Attensi a worldwide, non-exclusive licence to host, copy, adapt, display and transmit Your Content solely to the extent necessary to provide, secure and support QuizRace, to provide AI-assisted features, and to share Your Content with the Players or link recipients you select.
5.3 You represent and warrant that you hold all rights and permissions necessary for Your Content and for its use with its intended audience. You acknowledge that a shared link may be forwarded to others. You must comply with the QuizRace Editorial Guidelines and review any AI output before use. AI output may be inaccurate, incomplete, biased or non-unique, and may be subject to third-party rights. AI-assisted features are identified in the interface, and AI output is marked as described in the QuizRace AI Transparency Notice.
5.4 Attensi does not use Your Content, Player data, prompts or AI output to train general-purpose AI models, and requires any AI service providers acting on its behalf not to do so. Attensi may use aggregated or de-identified service information to operate, secure and improve QuizRace.
5.5 Attensi and its licensors own all right, title and interest, including all intellectual property rights, in and to QuizRace, its software, game mechanics, designs, documentation, trade marks and service materials. Third-party and open-source licence terms may apply to identified components or Third Party Applications.
5.6 AI transparency and roles. Where Attensi places an AI system on the market or puts it into service under the QuizRace name, Attensi acts as the provider of that system for the purposes of Regulation (EU) 2024/1689 (the “AI Act”). The underlying models and their providers are identified in the QuizRace AI Transparency Notice. QuizRace identifies AI-assisted features in the interface at the point of use and marks AI-generated output as described in that Notice. A Host acts as a deployer when it selects, edits, presents, shares or publishes AI output, and is responsible for making any disclosure required of a deployer, including where AI-generated or AI-manipulated image, audio or video content constitutes a deep fake, or where AI-generated text is published for the purpose of informing the public on matters of public interest and no named person has reviewed it and assumed editorial responsibility for it. The information required by Article 50 of the AI Act is provided in the product at the point of use; this Agreement records the position but does not itself constitute that disclosure.
5.7 If you provide any ideas, suggestions or other feedback about QuizRace, you hereby grant Attensi and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable right to use, disclose, reproduce, modify, distribute, commercialise and otherwise exploit that feedback for any purpose, without restriction or payment. Attensi is under no obligation to use any feedback.
6 Copyright Notices
6.1 A notice of claimed copyright infringement under United States law must: (a) identify the copyrighted work and the allegedly infringing material, together with its location; (b) include the complainant’s address, telephone number and email address; (c) contain a statement that the complainant has a good-faith belief that the use is not authorised; (d) contain a statement, made under penalty of perjury, that the information in the notice is accurate and that the sender is authorised to act; and (e) include a physical or electronic signature.
6.2 Notices should be sent to Attensi’s designated agent: Legal Department, Attensi AS, Forskningsparken, Gaustadalleen 21, 0349 Oslo, Norway, legal@attensi.com.
6.3 A counter-notice must: (a) identify the material that has been removed and the location at which it appeared before removal; (b) contain a statement, made under penalty of perjury, that the sender has a good-faith belief that the material was removed as a result of mistake or misidentification; (c) include the sender’s name, address and telephone number; (d) contain the sender’s consent to the jurisdiction required by 17 USC section 512(g) and agreement to accept service of process from the complainant; and (e) be signed. Unless the complainant commences qualifying court proceedings, Attensi may restore the material not less than 10 and not more than 14 US business days after forwarding a valid counter-notice.
6.4 Attensi may, in appropriate circumstances, terminate the Accounts of repeat infringers. Rights-holders outside the United States may submit notices to legal@attensi.com and should provide equivalent information regarding identification, authority, location and contact details. Further information is set out in the QuizRace Acceptable Use Policy.
7 Data Protection
7.1 A Host must provide Players with appropriate information, obtain any required permissions and select appropriate settings.
7.2 The QuizRace Privacy Policy describes the processing activities for which Attensi acts as controller. Where an Organisation determines the purposes and means of the processing of Player data or Your Content, the Organisation acts as controller and Attensi acts as processor in accordance with the QuizRace Data Processing Agreement. The QuizRace Security Measures Schedule describes the applicable safeguards.
7.3 An Organisation that uses QuizRace with Children must establish a lawful basis for doing so, whether through school authorisation or parental authorisation, and must comply with all applicable education and child-privacy laws.
7.4 A Host must not use Game results as the sole basis for any decision that produces legal effects or similarly significant effects. QuizRace is not a validated examination, employee-monitoring or professional-assessment system.
8 Fees, Renewal, Trials and Cancellation
8.1 Fees for Paid Plans are payable in advance, either at checkout or as set out in an Order Form, together with any applicable taxes. Self-service Plans renew automatically on a monthly or annual basis for successive periods of the same duration until cancelled. You authorise Attensi and its payment service provider to charge your selected payment method accordingly.
8.2 You may cancel through your Account or by contacting billing@attensi.com. Cancellation will ordinarily take effect at the end of the then-current Subscription Period. Except where mandatory law or this Agreement provides otherwise, termination or suspension shall not entitle you to any refund or credit in respect of prepaid fees, partial periods, unused features, downgrades or price reductions.
8.3 Following notice to you, Attensi may suspend access to QuizRace or remove Paid Plan features in the event of non-payment. Overdue amounts shall bear interest at the rate prescribed under the Norwegian Late Payment Interest Act or, where applicable, the statutory rate in the relevant jurisdiction, together with reasonable costs of recovery. Nothing in this clause limits any rights a consumer may have under mandatory applicable law.
8.4 Eligibility for a Trial is determined by Attensi. Attensi may revoke, suspend or place on hold a Trial or an Account where eligibility is in doubt or the Trial mechanism is abused, including through the creation of multiple Accounts to obtain successive Trials. Any conversion of a Trial to a paid subscription will be disclosed at the time of enrolment.
8.5 Each promotional code or voucher is valid only for the offer and period stated, is non-transferable, may be used only once, has no cash value and will expire as stated. Where a purchase is made through a third party or an app store, that third party’s or app store’s terms and refund rules shall apply.
8.6 A consumer may withdraw from a purchase within 14 days after the relevant transaction by sending a clear statement of their decision to billing@attensi.com. Notice in writing is recommended, and the burden of proving that the right of withdrawal was exercised in time rests with the consumer. Attensi will reimburse all payments due without undue delay, using the same means of payment as was used for the original transaction unless otherwise agreed. The consumer may use QuizRace only to the extent necessary to establish its nature, characteristics and functioning. If the consumer expressly requests that the service begin during the withdrawal period, the consumer may be required to pay an amount proportionate to the service provided up to the time of withdrawal. The right of withdrawal is lost only where permitted by applicable law, including where the service has been fully performed following the consumer’s prior express request and acknowledgement, or where digital content has been supplied with the consumer’s prior express consent and acknowledgement.
8.7 Attensi will remind Norwegian consumers of their right of cancellation at least once every six months, by email or by notice within the service. Attensi will give reasonable advance notice of any price change. A Norwegian consumer may cancel before any price increase takes effect where that increase exceeds the increase in the Norwegian consumer price index for the relevant period.
9 Availability, Suspension and Remedies
9.1 Attensi warrants that QuizRace will perform materially in accordance with its published description. Attensi will use commercially reasonable efforts to maintain the availability of QuizRace, subject to planned maintenance and events beyond its reasonable control. Any quantified availability commitment is set out solely in an applicable Order Form or service level schedule. Where practicable, Attensi will give advance notice of any planned maintenance that is expected to cause significant disruption.
9.2 The primary remedy for any breach of clause 9.1 shall be for Attensi to use reasonable efforts to rectify the issue or to provide materially equivalent replacement functionality. The warranty in clause 9.1 does not apply to any issue arising from: (a) hardware or software not provided by Attensi; (b) changes made by a user or a third party; (c) non-compliance with this Agreement; (d) refusal of an upgrade or fix that would have avoided the issue; or (e) the acts or omissions of a third party not acting on behalf of Attensi. Nothing in this clause affects any mandatory rights of consumers.
9.3 Attensi may restrict sharing, remove or reduce the visibility of content, stop a Game, suspend features or an Account, or terminate access where reasonably necessary to address suspected illegality, harm, breach of this Agreement, security concerns, non-payment, excessive use or a legally binding request. Attensi will act proportionately and may take such action without prior notice in urgent cases.
9.4 Where required by applicable law, Attensi will provide a statement of reasons and access to the complaints process described on the QuizRace Content Safety and Regulatory Information page. Where section 72(1) of the UK Online Safety Act 2023 applies to QuizRace as a Category 1 service, a UK user may bring a claim for breach of contract if user-generated content is restricted, or an Account is suspended or banned, otherwise than in accordance with this Agreement.
9.5 QuizRace does not currently use a recommender system to rank or personalise user content. If this changes, Attensi will explain the main parameters of any such system, and the controls available to users, before or at the time the system is introduced.
9.6 Where QuizRace constitutes a regulated user-to-user service with links to the United Kingdom, Attensi will carry out, and keep up to date, an illegal content risk assessment and a children’s access assessment; operate systems and processes to prevent, identify and swiftly remove illegal content; and provide users with a means of reporting content and complaining about decisions. Further information is set out in the QuizRace Acceptable Use Policy and the QuizRace Content Safety and Regulatory Information page.
10 Termination
10.1 You may close a Free Plan Account or cancel a Paid Plan. Attensi may terminate a Free Plan on reasonable notice. Either party may terminate this Agreement if the other party commits a material breach that is not remedied within 30 days after receiving notice of it, or with immediate effect if the breach is incapable of remedy, or where termination is required by law or necessary to prevent serious harm.
10.2 On termination or expiry of access to QuizRace, the licence granted under this Agreement ends. You should export any content and reports you require before that date. The return, deletion and retention of data are governed by the QuizRace Privacy Policy and, where applicable, the QuizRace Data Processing Agreement. Any provisions that by their nature are intended to survive termination, including those relating to payment, ownership, liability and dispute resolution, shall continue in full force and effect.
11 Warranties and Limitation of Liability
11.1 Except for the express warranty in clause 9.1 and any rights that cannot be excluded under applicable law, QuizRace is provided on an “as available” basis. Attensi does not warrant that Your Content or any AI output is accurate, complete, unique or fit for any particular purpose.
11.2 Nothing in this Agreement excludes or limits liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, deliberate misconduct, or any other liability that cannot lawfully be excluded or limited.
11.3 Where QuizRace is used for business purposes, neither party shall be liable for any indirect or consequential loss, or for any loss of profit, revenue, business, goodwill or anticipated savings, or loss of data that could reasonably have been backed up. Each party’s total aggregate liability in any 12-month period shall not exceed the fees paid or payable for QuizRace in that period or, in the case of a Free Plan, EUR 100. This limitation does not apply to liability under clause 11.2, payment obligations, infringement or misuse of the other party’s intellectual property, or a business customer’s obligations under clause 11.4.
11.4 A business customer shall indemnify Attensi, its affiliates and their respective personnel against all third-party claims, and all losses, liabilities, damages and reasonable costs (including legal fees), arising from Your Content, the customer’s unlawful instructions or its material breach of the QuizRace Acceptable Use Policy. Attensi shall give the customer prompt notice of any such claim where reasonably practicable, allow the customer to control the defence and settlement of the claim, and provide reasonable cooperation at the customer’s expense. The customer shall not settle any claim in a manner that admits fault on the part of, or imposes a non-monetary obligation on, an indemnified person without that person’s prior written consent, such consent not to be unreasonably withheld.
11.5 Where QuizRace is used by a consumer, Attensi is responsible for foreseeable loss or damage caused by its breach of this Agreement or its failure to use reasonable care and skill, but is not responsible for any business losses or for loss caused by events outside its reasonable control. Nothing in this clause affects the consumer’s mandatory statutory rights.
12 Changes to this Agreement
12.1 Attensi may update this Agreement from time to time to reflect changes to QuizRace, applicable law, security requirements or its business. Attensi will give reasonable advance notice of any material change that adversely affects a Paid Plan. Changes to the Acceptable Use Policy or Editorial Guidelines may take effect immediately where reasonably necessary for reasons of safety, security or legal compliance. Otherwise, material changes will ordinarily take effect upon renewal.
12.2 If you do not accept a material change, you may stop using QuizRace and cancel your Plan before the change takes effect. To the extent permitted by applicable law, your continued use of QuizRace after the effective date of a change constitutes your acceptance of it.
13 Notices, Force Majeure and General Terms
13.1 Attensi may send operational or legal notices by email to the address associated with your Account, by in-product message or, where appropriate, by publication on the Platform. You may send legal notices to legal@attensi.com and to Attensi AS, Forskningsparken, Gaustadalleen 21, 0349 Oslo, Norway. A notice sent by email shall be deemed received on the next business day after sending, unless a delivery failure notification is received; a notice sent by post shall be deemed received five business days after dispatch.
13.2 Neither party shall be liable for any delay caused by an event beyond its reasonable control, including natural disaster, war, civil disorder, industrial action, governmental action, failure of utilities or the internet, or a cyber incident not caused by that party’s failure to meet its agreed security obligations. The affected party shall notify the other party where practicable and take reasonable steps to mitigate the effects of the event. If such an event continues for 30 consecutive days, either party may terminate the affected Paid Plan. Any payment obligations that have accrued shall remain due.
13.3 This Agreement constitutes the entire agreement between you and Attensi relating to QuizRace. No failure or delay in enforcing any right shall constitute a waiver of that right. If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect. You may not assign or transfer this Agreement without Attensi’s prior consent. Attensi may assign this Agreement within its group of companies or in connection with a merger, financing or sale, provided that consumers’ rights are not reduced as a result.
13.4 This Agreement is governed by Norwegian law. The Oslo District Court (Oslo tingrett) shall have exclusive jurisdiction over business disputes. Consumers retain the benefit of the mandatory laws of, and access to the courts available in, their home country.