Terms of Use for TeachQuest

Welcome to TeachQuest! These Terms of Use ("Terms") govern your use of our website and services (collectively, "Services") operated by TeachQuest. By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Services.

1. Acceptance of Terms

By accessing and using TeachQuest, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using TeachQuest's particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement.

2. Description of Service

TeachQuest is an educational RPG classroom management platform designed for teachers to gamify their classroom experience. The platform allows teachers to create virtual classrooms, manage student characters, create educational content, and engage students through various game mechanics including quests, raids, spells, and rewards.

3. User Accounts and Responsibilities

3.1. Teacher Accounts

• Teachers must provide accurate, current, and complete information during registration.
• Teachers are responsible for maintaining the confidentiality of their account credentials.
• Teachers are responsible for all activities that occur under their account.
• Teachers must notify us immediately of any unauthorized use of their account.
• Teachers are responsible for obtaining necessary consents from parents or guardians for student participation, in accordance with their school's policies and applicable laws.

3.2. Student Accounts

• Student accounts are created and managed by teachers.
• Students must use the credentials provided by their teacher.
• Students are responsible for maintaining the confidentiality of their login credentials.
• Students must not share their credentials with others.

3.3. Parent Access

• Parents may access their child's progress using a unique student code provided by the teacher.
• Parent access is read-only and does not require account creation.
• Parents must use the access responsibly and in accordance with these Terms.

4. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable laws or regulations.
• Infringe upon the rights of others.
• Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorized access to any part of the Services or any systems or networks connected to the Services.
• Interfere with or disrupt the Services or servers or networks connected to the Services.
• Use the Services for any commercial purpose without our express written consent.
• Collect or store personal data about other users without their consent.
• Create content that promotes violence, discrimination, or illegal activities.

5. Content and Intellectual Property

5.1. Our Content

The Services and their original content, features, and functionality are and will remain the exclusive property of TeachQuest and its licensors. The Services are protected by copyright, trademark, and other laws.

5.2. User-Generated Content

• Teachers may create custom content within the platform (quests, spells, attacks, etc.).
• You retain ownership of content you create, but grant us a license to use, store, and display it as necessary to provide the Services.
• You are responsible for ensuring you have the right to use any content you upload or create.
• We reserve the right to remove any content that violates these Terms or is otherwise objectionable.

6. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

7. Service Availability and Modifications

• We strive to provide reliable service but cannot guarantee uninterrupted access.
• We may modify, suspend, or discontinue any part of the Services at any time.
• We will provide reasonable notice of any significant changes to the Services.
• We are not liable for any damages resulting from service interruptions or modifications.

8. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Specifically, we make no warranties that:

• The Services will meet your specific requirements.
• The Services will be uninterrupted, timely, secure, or error-free.
• The results obtained from using the Services will be accurate or reliable.
• The quality of any products, services, information, or other material purchased or obtained through the Services will meet your expectations.
• Any errors in the Services will be corrected.

9. Data Loss and Backup

WE ARE NOT RESPONSIBLE FOR ANY DATA LOSS THAT MAY OCCUR WHILE USING OUR SERVICES. While we implement reasonable security measures and backup procedures, you acknowledge that:

• Data loss can occur due to various factors beyond our control.
• You are responsible for backing up any important data you create or store on our platform.
• We do not guarantee the preservation of your data in the event of system failures, security breaches, or other incidents.
• We are not liable for any damages resulting from data loss, corruption, or unauthorized access.

10. Limitation of Liability

IN NO EVENT SHALL TEACHQUEST, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Services.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any interruption or cessation of transmission to or from the Services.
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services.
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.
• Any data loss, corruption, or unauthorized access.

11. Indemnification

You agree to defend, indemnify, and hold harmless TeachQuest and its licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

12. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Services or contact us to delete your account and associated data.

13. Governing Law

These Terms shall be interpreted and governed by the laws of the jurisdiction in which TeachQuest operates, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

16. Contact Information

If you have any questions about these Terms of Use, please contact us at:

TeachQuest Support Team
admin@teach-quest.com