Terms of Service
The agreement between you and Quiz Maker. Written to be read, not skipped.
The short version
Six things worth knowing before you read the detail. This part is a plain English summary, not the agreement itself.
Your quizzes stay yours
You keep ownership of every quiz, question, image and response you put into the platform. You give us permission to host and display it so the platform can work, and nothing more. See section 8.
Subscriptions renew until you stop them
Paid plans renew automatically on the same cycle you chose. You can cancel any time from your Dashboard, and you keep access until the end of the period you have already paid for. See sections 5 and 7.
You are responsible for your respondents
When people answer your quiz, that data is yours and you decide what happens to it. You need a lawful reason to collect it and you need to tell people what you are doing. We only process it to run the service for you. See section 9.
AI needs a human check
Our AI features draft questions and answers quickly, and they sometimes get things wrong. Review anything the AI produces before you publish it or rely on it. See section 12.
There are things you cannot do
No illegal, infringing, deceptive or abusive content. No scraping, reverse engineering or reselling the platform. Break these and we can remove content or close the account. See section 10.
Australian law, and your rights survive
These terms are governed by the law of New South Wales. Nothing here takes away the guarantees you have under the Australian Consumer Law or any other law that cannot be excluded. See section 18.
If the summary above and the numbered terms below ever disagree, the numbered terms are what applies.
Contents
- Who we are and what these terms cover
- Words we use
- Your account
- Age, schools and young people
- Fees, billing and renewals
- Free plans, trials and beta features
- Cancelling, and when we refund
- Your content and who owns it
- Respondent data and privacy
- Acceptable use
- Reporting content and takedowns
- AI features
- Our intellectual property
- Third party services
- Availability, support and changes
- Suspension and ending your account
- Your promises to us, and indemnity
- Consumer rights, warranties and liability
- Changes to these terms
- Complaints, governing law and general
1.Who we are and what these terms cover
Quiz Maker is a registered business name of My Plaza Pty Ltd (ABN 58 110 054 245), an Australian company with its office at Suite 1, Ground Floor, Enterprise 1, Innovation Campus UOW, Squires Way, North Wollongong NSW 2500, Australia. In these terms, "we", "us" and "our" mean My Plaza Pty Ltd.
These terms are a binding contract between you and us. They cover your use of quiz-maker.com, take.quiz-maker.com, learn.quiz-maker.com, our other sites and subdomains, our apps, our embedded quiz and survey widgets, and any related support. Together we call all of that the Services.
You accept these terms when you create an account, start a subscription, publish or answer a quiz, or otherwise use the Services. If you do not accept them, please do not use the Services.
If you are agreeing on behalf of a company, school, government body or other organisation, you are confirming that you have authority to bind that organisation, and "you" means that organisation.
Other documents that form part of this agreement
Our Security and Privacy Policy forms part of these terms. If you have signed a separate written agreement with us, such as an enterprise agreement, order form or data processing agreement, that document applies first and these terms fill in anything it does not cover.
2.Words we use
3.Your account
To create quizzes you need an account. You can register with an email address and password, or sign in through a supported third party such as Google. When you register you agree to:
- give accurate information about yourself or your organisation, and keep it up to date;
- use a valid email address that you control, because that is how we send billing notices, security alerts and notice of changes;
- keep your password and sign in details confidential, and not let anyone else use your account;
- not impersonate another person or organisation, or misrepresent your identity or affiliation; and
- tell us promptly through our contact page if you believe your account has been accessed without your permission.
You are responsible for everything that happens under your account, including anything done by people you give access to. Enterprise accounts can hold separate administrator and reporting roles, and the account administrator is responsible for who they add, what those people can see, and removing them when they leave.
We do not require a particular password format, but we strongly recommend at least eight characters mixing upper case, lower case, numbers and symbols, and a password you do not reuse anywhere else.
4.Age, schools and young people
You must be at least 18 years old to hold an account. If you are under 18, you may use the Services only through an account held and supervised by a parent, guardian, teacher or school, and that account holder is responsible for your use.
Quizzes made on the platform are often shared with students, staff and the public, and Respondents may be any age. If you publish a quiz that children are likely to answer, you are responsible for:
- having any parental or school consent that the law where your Respondents live requires;
- telling Respondents and their parents or guardians what you collect and why, in language they can understand;
- collecting the minimum amount of personal information you actually need; and
- complying with the children's privacy and online safety laws that apply to you, which in Australia include the Privacy Act 1988 (Cth) and the codes made under it.
We do not knowingly hold accounts for people under 18. If you believe a child has registered an account, tell us through our contact page and we will close it and delete the associated information.
5.Fees, billing and renewals
Our plans and current prices are on the pricing page. When you subscribe you choose a plan and a billing cycle, monthly or yearly, and the cycle starts on the day your subscription begins.
Automatic renewal
Subscriptions renew automatically for the same cycle, at the price then in effect, until you cancel. We charge the payment method on your account on the renewal date. You can cancel at any time before renewal from the Account section of your Dashboard, and we explain how in section 7.
Payments
Card payments are processed by Stripe. We never see or store your full card number. You confirm that you are authorised to use the payment method you give us, and you authorise us to charge it for the fees due under your plan.
Price changes
We may change our prices. If a change affects a subscription you already hold, we will tell you at least 30 days before it applies, and it will only take effect from your next renewal. If you do not want to pay the new price, you can cancel before the renewal date and you will not be charged it.
Failed payments
If a renewal payment fails, we will let you know and give you a reasonable period to fix it before we downgrade or suspend paid features. During that period, some paid features may be unavailable. We will not delete your quizzes or your results because of a single failed payment without giving you notice and a chance to fix it or export your data. See section 16 for what happens to your data if an account does end.
Taxes
Prices are exclusive of taxes unless we say otherwise at checkout. You are responsible for any sales tax, goods and services tax, value added tax or similar tax on your purchase, other than taxes on our income. If you are required to withhold any tax, the amount payable to us is increased so that we receive what we would have received without the withholding. Australian customers are charged GST where it applies.
6.Free plans, trials and beta features
You can use Quiz Maker without paying. Free accounts have limits, which may include a cap on how many responses a quiz can collect, restricted features, and advertising shown alongside your quiz. Those limits are described on the pricing page and we may adjust them. If we reduce what a free account can do in a way that materially affects you, we will give reasonable notice first.
Free trials
We often offer a free trial of a paid plan. A trial may require a valid payment method at signup. If you do not cancel before the trial ends, the trial converts into a paid subscription and we charge you then. You can cancel a trial at any time from the Account section of your Dashboard and you will not be charged. We will remind you by email before a trial ends.
Beta and preview features
Some features are labelled beta, preview, experimental or early access. They are provided as they are, may change or be withdrawn, and may not work reliably. Do not rely on a beta feature for anything important. To the extent the law allows, our liability for beta features is excluded, and the limits in section 18 still apply.
7.Cancelling, and when we refund
You can cancel at any time. Sign in, open your Dashboard, choose Account, and select Cancel Subscription. You can also use the Account Cancellation form on our contact page. Cancelling stops the next renewal. It does not delete your account or your data, and you keep access to your paid features until the end of the period you have already paid for.
To delete your account and the information we hold about you and your Respondents, cancel any active subscription first, then use the Delete button in the Account section of your Dashboard. Deletion cannot be undone.
| Situation | What happens |
|---|---|
| You cancel during a free trial | You are not charged. Access to trial features ends at the end of the trial. |
| You cancel a monthly or yearly subscription | No further charges. You keep paid access until the end of the current paid period. We do not usually refund the unused part of a period. |
| You are charged in error, or something goes wrong | Use the Refund Request form on our contact page. We consider refunds on their merits and respond within five business days. |
| We change these terms or the Services to your material disadvantage | You may cancel before the change takes effect and we refund the unused part of any fees you have prepaid for the period affected. |
| We end or suspend your account and you have not broken these terms | We refund the unused part of any fees you have prepaid, and we give you a reasonable period to export your data. |
| We end your account because you seriously broke these terms | No refund is payable, except where the law requires one. |
8.Your content and who owns it
You own Your Content. Creating a quiz on Quiz Maker does not transfer any ownership to us. We do not sell Your Content, and we do not use it to train general purpose AI models.
To run a hosted platform we need your permission to handle Your Content. You grant us a worldwide, non exclusive, royalty free licence, for as long as you keep the content on the platform, to host, store, back up, copy, transmit, reformat, resize, index and display Your Content, and to make the technical changes needed to deliver it across browsers, devices and our content delivery network. This licence is limited to operating, securing, supporting and improving the Services for you, and it may be passed on to the providers who help us do that, such as our hosting, storage and delivery partners, and to a successor if our business is sold. It is not a licence to publish, sell or otherwise exploit Your Content for our own purposes.
The licence ends when you delete the content or close your account, except that copies may remain in encrypted backups for a limited period until those backups cycle out, and we may keep what we are legally required to keep.
Quizzes you publish publicly
If you publish a quiz to a public link, a public leaderboard, or a public gallery or template library on our sites, you also grant us a licence to display, list, index and promote that quiz and its title, description and cover image on our sites and in our marketing, for as long as it remains public. You can end that at any time by making the quiz private, deleting it, or asking us through our contact page.
Aggregated statistics
We may create and use aggregated, de identified statistics about how the Services are used, for example how long the average quiz takes to complete. These statistics never identify you, your organisation or any Respondent, and never reveal the substance of Your Content.
Feedback
If you send us a feature request, bug report or other suggestion, we may use it without restriction and without owing you anything. You keep any rights you already hold in it.
9.Respondent data and privacy
Respondent Data collected through your quizzes belongs to you and is under your control. In data protection terms, you are the controller of that data and we act as your processor: we handle it on your instructions to provide the Services, and we do not use it for our own purposes. For your own account information, such as your name, email address and billing records, we are the controller and our Security and Privacy Policy explains what we do.
As the Creator, you are responsible for:
- having a lawful basis to collect and use the Respondent Data your quiz gathers;
- giving Respondents clear notice of who you are, what you collect, why, and who you share it with, and getting consent where that is required;
- honouring the requests Respondents make about their own data, such as access, correction and deletion, and asking us for help if you need it;
- keeping any data you export from the platform secure once it is in your hands; and
- not using the Services to collect information you are not entitled to collect.
Unless you have written agreement from us first, do not use the Services to collect payment card numbers, government identifiers such as passport, tax file or social security numbers, biometric data, precise health or medical records, financial account credentials, or any other data that attracts special legal protection where your Respondents live. The Services are not designed or certified for that data, and collecting it may put you and your Respondents at risk.
Where your data is held
Our infrastructure runs on dedicated servers hosted with Liquid Web in Michigan and Arizona in the United States, with content delivery and security provided by Cloudflare. Using the Services means Respondent Data may be stored in and accessed from the United States and from the other countries where Cloudflare operates its network. If you need a data processing agreement, standard contractual clauses, or a record of the providers we use, ask us through our contact page and we will provide them.
Security
We take reasonable technical and organisational steps to protect the data we hold, described in our Security and Privacy Policy. No online service can promise perfect security, and you are responsible for the security of your own account credentials and devices.
10.Acceptable use
The platform is used by schools, employers, governments and millions of members of the public. To keep it safe and lawful, you must not use the Services to do, host, publish or help anyone else do any of the following.
Illegal and harmful content
- Anything that breaks the law that applies to you or to your Respondents.
- Content that infringes someone else's copyright, trade mark, moral rights, confidential information or other rights, including exam papers, textbooks, question banks, images or media you do not have the right to use.
- Content that is defamatory, harassing, bullying, threatening, hateful, or that targets a person or group because of a protected characteristic.
- Sexual content involving minors, or any sexualised depiction of a child, in any form. We report this to the relevant authorities.
- Content that publishes another person's private information without their consent.
- Content that promotes self harm, violent extremism or terrorism.
Deception and abuse of the platform
- Phishing, malware, scams, fake sign in pages, or any attempt to trick Respondents into revealing credentials, payment details or personal information.
- Presenting a quiz as coming from a person, brand or authority that has not authorised it.
- Sending unsolicited commercial messages using data collected through the Services, or otherwise breaching the Spam Act 2003 (Cth) or the equivalent law where your recipients live.
- Running a lottery, prize competition or gambling activity without the licences and disclosures the law requires.
- Manipulating results, leaderboards, ratings or response counts.
Technical restrictions
- Do not copy, modify, decompile or reverse engineer any part of the Services, except to the extent the law expressly permits and we cannot contract out of it.
- Do not scrape, crawl or bulk download the Services, our template library or other users' quizzes, and do not use automated means to extract data you were not given.
- Do not work around usage limits, response caps, paywalls, rate limits or security controls, or use multiple accounts to do so.
- Do not resell, sublicense, white label or offer the Services as your own product, or use them to build a competing service, without a written agreement with us.
- Do not interfere with the Services, place unreasonable load on them, or run penetration or load testing without telling us first. We welcome responsible security testing when you contact us beforehand.
High stakes uses
- Do not use the Services, or anything produced by them, as the only basis for a decision that significantly affects someone's rights, safety, health, employment, immigration status, credit or formal academic credentials. Keep a person in the loop.
- Do not use the Services in any situation where a failure, delay or inaccuracy could lead to death, personal injury, or serious environmental or property damage.
We do not pre screen content, and we are not obliged to monitor it. We may review content when it is reported to us, when our systems flag it, or where we reasonably suspect a breach, and we may remove or disable content that breaches this section. Where we can, we will tell you what we did and why, and you can dispute it under section 11.
11.Reporting content and takedowns
If you believe a quiz on our platform infringes your rights, impersonates you, is unlawful, or is being used to deceive people, please tell us. Use the report malicious content form, which is also linked from our contact page.
The form asks for the URL of the content and the details of the violation. In the details field, please tell us:
- what the problem is, and if it is a rights complaint, what right you hold and how it is being infringed;
- where the original work or your identity can be verified, if that is relevant;
- your name and a contact email address; and
- a statement that the information you have given is accurate, and that you are the rights holder or authorised to act for them.
We review reports and aim to give a first response within five business days. Depending on what we find, we may take no action, ask for more information, remove or disable the content, restrict the account, or close it. We may pass your report, including your contact details, to the account holder so they can respond, unless doing so would create a risk of harm.
If your content was removed
If we remove something of yours and you believe we got it wrong, tell us through our contact page, explain why, and we will review the decision. If we agree, we restore the content.
Repeat infringement
We close accounts that repeatedly infringe other people's rights or repeatedly breach section 10.
12.AI features
Parts of the platform use artificial intelligence to help you work faster, including generating quiz questions and answers from a topic, document or link, drafting explanations, and producing study and practice material.
AI systems produce text that reads confidently and is sometimes wrong. Incorrect facts, wrong answer keys, invented sources and biased phrasing are known characteristics of this technology, not faults we can eliminate. You must review anything an AI Feature produces before you publish it, grade with it, or rely on it. We do not warrant that Output is accurate, complete, current, original or fit for your purpose.
Who owns what
You keep whatever rights you have in your Input. As between you and us, you own the Output your account generates, and you may use it for any lawful purpose, subject to these terms. Because AI models generate similar responses to similar prompts, Output may not be unique, and other users may receive similar or identical Output. We do not warrant that Output is free of other people's rights, and it is your responsibility to check before you use it commercially.
How we handle your Input
To deliver AI Features we send your Input to third party AI providers. We contract with those providers on terms that do not permit them to use your Input or Output to train their general purpose models. We do not use Your Content or Respondent Data to train our own general purpose models. We may keep short lived logs to detect abuse, debug failures and improve reliability.
Do not put anything into an AI Feature that you are not allowed to share, including confidential material belonging to someone else, personal information you have no right to disclose, or the special categories of data listed in section 9.
Assessment and education
If you use AI Features to build assessments that affect a person's marks, progression, certification or employment, you are responsible for reviewing the material, for keeping human oversight of the decision, and for meeting the obligations that apply to you under the education, assessment and AI laws in your country. Our AI Features are a drafting aid. They are not an automated decision making system, and they must not be used as one.
Not professional advice
Output is not medical, legal, financial, safety or other professional advice, no matter what topic you ask about, and it should not be presented to Respondents as if it were.
13.Our intellectual property
We own the Services and everything in them that is not Your Content: the software, the editor, the reporting and analytics tools, the embed and widget code, our templates and stock question banks, our documentation, our designs, and the Quiz Maker name, logo and branding. Nothing in these terms transfers any of that to you.
While your account is in good standing we grant you a limited, non exclusive, non transferable, revocable licence to access and use the Services, and to use our embed code on sites you control, for the purpose of creating, publishing and reporting on your own quizzes. You may use our templates and question banks inside your own quizzes. You may not extract, republish or redistribute them as a standalone collection.
You may say publicly that you use Quiz Maker. You may not use our name, logo or branding in a way that suggests we endorse, sponsor or are affiliated with you or your quiz, or in a way that is likely to mislead a Respondent about who is running the quiz. We will not use your name or logo as a customer reference without your permission.
14.Third party services
The Services rely on and connect to other companies. Payments run through Stripe. Sign in can run through providers such as Google. Hosting runs on dedicated servers with Liquid Web, and delivery and security run through Cloudflare. AI Features run on third party models. Your quizzes may be embedded in websites we do not control, and may link to sites we do not control.
Those third parties have their own terms and privacy policies, and your use of them is between you and them. We choose our providers carefully, but we are not responsible for their acts, omissions, content or availability, and a link or integration is not an endorsement.
If you embed a quiz in your own site, you are responsible for that site, for the notices and consents shown on it, including any cookie or tracking consent your law requires, and for making sure the embed does not mislead your visitors about who is collecting their data.
15.Availability, support and changes
We work hard to keep the platform up, we monitor availability continuously, and we have a long record of doing it well. Even so, the Services are provided over the internet and we do not promise uninterrupted or error free operation unless we have agreed a service level with you in writing. We may carry out maintenance, and we will try to schedule anything disruptive outside peak hours and to give notice where we reasonably can.
Support is available through our contact page, Monday to Friday, 9am to 5pm AEST, excluding public holidays in New South Wales.
Changes to the Services
We improve the platform continuously, which means features get added, changed and sometimes retired. If we make a change that materially reduces the functionality of a paid plan you hold, we will give you at least 30 days notice by email or in the product, and you may cancel before the change takes effect and receive a refund of the unused part of any fees you have prepaid for the affected period. Changes that add features, fix problems, address security or legal requirements, or affect only free accounts or beta features may take effect immediately.
16.Suspension and ending your account
You can leave whenever you like
Cancel or delete your account at any time, as described in section 7. You do not need a reason and you do not need to ask us.
When we can suspend or end an account
We may suspend or close an account, or remove content, if:
- you seriously or repeatedly breach these terms, and in particular section 10;
- fees remain unpaid after we have given you notice and a reasonable period to fix it;
- the account is being used in a way that creates a genuine risk of harm to Respondents, to other users, to us or to our infrastructure;
- we are required to act by law, a court, a regulator or a payment provider; or
- we stop offering the Services, or stop offering them in your country.
We will give you reasonable notice before we suspend or close an account, and we will tell you the reason, unless the law prevents us or unless waiting would allow serious harm, illegal activity or a security risk to continue. In those cases we may act immediately and tell you as soon as we can afterwards.
If you think we have made a mistake, contact us through our contact page and a person will review it. If we suspended an account by error, we restore it and extend the subscription by the time you lost.
Getting your data out
Unless we are legally required to act sooner, you have at least 30 days from the date an account is closed or a subscription lapses to sign in and export your quizzes and results. After that period we may delete the data permanently, and copies clear from our encrypted backups on the normal backup cycle. If you need more time, ask us and we will be reasonable about it.
Sections 8, 9, 13, 17, 18 and 20 continue to apply after your account ends, along with any other provision that by its nature should survive.
17.Your promises to us, and indemnity
You promise us that:
- you have the right to use and share everything you put into the Services, including any images, text, questions and data;
- Your Content and your quizzes comply with section 10 and with the laws that apply to you and to your Respondents;
- you have given the notices and obtained the consents described in section 9; and
- the information you give us about yourself, your organisation and your payment method is true.
You agree to indemnify us against loss, damage, cost and reasonable legal expenses we suffer from a third party claim arising out of Your Content, your quizzes, your handling of Respondent Data, or your breach of these terms. That indemnity is reduced to the extent the loss was caused by our own breach, negligence or wrongful act.
Before you owe anything under that indemnity, we will notify you of the claim promptly, we will not admit liability or settle it without your consent, and we will let you take over its defence with lawyers of your choosing, provided any settlement does not impose an obligation or admission on us. We will give you reasonable assistance, at your cost.
18.Consumer rights, warranties and liability
Nothing in these terms excludes, restricts or modifies any guarantee, right, warranty or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. If any provision of these terms would do that, it does not apply to you to that extent.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Where those guarantees apply and the law permits us to limit our liability for failing to meet one, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
What we do and do not warrant
We provide the Services with due care and skill. Beyond that, and beyond any guarantee that cannot be excluded, we provide the Services as they are and as available, and we do not warrant that they will be uninterrupted, error free, secure against every threat, or that they will meet your particular requirements. We do not warrant the accuracy of AI Output, of user created quizzes, or of any content posted by another user.
Limits on our liability
To the extent the law allows, neither party is liable to the other for indirect or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings, business opportunity, or loss or corruption of data, however it arises.
To the extent the law allows, our total liability to you for all claims arising out of or in connection with these terms or the Services, whether in contract, tort including negligence, statute or otherwise, in any 12 month period, is limited to the greater of AUD 100 and the total fees you paid us for the Services in the 12 months before the event giving rise to the claim.
These limits do not apply to liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for our wilful misconduct, or to any other liability that cannot be limited or excluded by law.
You are responsible for keeping your own copies of anything important. The export tools in your Dashboard let you download your quizzes and results at any time, and we recommend you do so regularly.
19.Changes to these terms
We will need to update these terms from time to time, for example when we launch new features, when our providers change, or when the law changes.
If a change materially affects your rights or obligations, we will give you at least 30 days notice before it takes effect, by email to the address on your account or by a clear notice in the product. If you do not accept the change, you may cancel before it takes effect, and we will refund the unused part of any fees you have prepaid for the period affected. If you keep using the Services after the change takes effect, you accept it.
Minor changes that do not materially affect you, such as clarifications, corrections, updated contact details, or terms covering a new optional feature you have not used, take effect when we publish them. The date at the top of this page always shows when it was last updated, and we keep prior versions available on request through our contact page.
20.Complaints, governing law and general
Talk to us first
If something goes wrong, tell us through our contact page and we will try to sort it out. Most problems are resolved quickly this way. Both of us agree to attempt to resolve a dispute in good faith for 30 days before starting court proceedings. This does not stop either of us from seeking an urgent injunction, and it does not stop you from making a complaint to a consumer protection regulator such as the Australian Competition and Consumer Commission or your local fair trading body.
Governing law
These terms are governed by the laws of New South Wales, Australia. You and we submit to the non exclusive jurisdiction of the courts of New South Wales and the courts able to hear appeals from them. If you are a consumer, this does not deprive you of the protection of the mandatory laws of the country where you live, or of your right to bring proceedings in your local courts where the law gives you that right.
General
- Assignment. You may not assign or transfer these terms without our written consent, which we will not unreasonably withhold. We may assign them to a related company or to a buyer of our business, and we will tell you if we do.
- Whole agreement. These terms, our Security and Privacy Policy, and any written agreement you have signed with us, are the whole agreement between us about the Services, and they replace anything said or written before.
- Severability. If a provision is found to be unenforceable, it is read down or removed to the minimum extent needed, and the rest continues to apply.
- No waiver. If we do not enforce a provision straight away, we do not lose the right to enforce it later.
- Events outside our control. Neither of us is liable for a failure to perform caused by something genuinely beyond our reasonable control, such as a natural disaster, war, industrial action, a failure of the public internet, or the failure of a major infrastructure provider. This does not excuse an obligation to pay.
- Relationship. These terms do not create a partnership, joint venture, employment or agency relationship between us.
- Trade controls. You confirm you are not located in, and not acting for anyone located in, a country or on a list subject to sanctions that would prohibit us from supplying the Services to you.
- Notices. We send notices to the email address on your account or show them in the product, and they are treated as received the day they are sent. You send notices to us through our contact page.
- Headings and examples. Headings are for navigation only. Words like including and for example do not limit what comes before them.
Questions about these terms
Everything reaches the same place. Use the contact form and we will route it to the right person.
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