General Terms of Use

KvizMe GmbH

The following terms of use apply to the use of the platforms and services (hereinafter "KvizMe Platform") offered and operated by us, KvizMe GmbH, Lilienstraße 11, 20095 Hamburg ([email protected]).

Scope and User Groups

These Terms governing the use of the KvizMe Platform are divided into two main services:

KvizMe-Edu: A learning platform for educators and learners (directed at consumers and entrepreneurs).
KvizMe-Job: A recruiting platform for assessment creation and evaluation (directed exclusively at entrepreneurs).

A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB).

An entrepreneur within the meaning of these Terms is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).

Deviating general terms and conditions of the users are not recognized unless KvizMe expressly agrees to their validity in writing.

1. Subject Matter of the Contract

1.1 KvizMe-Edu

Is a learning platform (website) on which users can register as so-called "Learners" and "Educators". It includes, in particular, quizzes and flashcards that can be created by educators and used by learners. KvizMe-Edu offers both free and paid content and usage options.

1.2 KvizMe-Job

Is a Software-as-a-Service (SaaS) platform for recruiting. It supports entrepreneurs (hereinafter "Customers") in creating competency assessments (e.g., via "AI Assessment Generator") and AI-supported evaluation of candidate answers (e.g., via "AI Evaluation Engine"). The platform is technically designed for a pseudonymous workflow ("Candidate Code").

1.3

These Terms form the legal basis for all offers and the use of the KvizMe Platform.

2. Registration, Conclusion of Contract, and Minimum Age

2.1 The use of KvizMe (both Edu and Job) requires prior registration of the user (as a Learner, Educator, or Customer).

2.2 By registering for KvizMe-Job, the Customer assures that they are acting exclusively as an entrepreneur within the meaning of § 14 BGB.

2.3 If the user (esp. for KvizMe-Edu) is younger than 18 years, the user may unfortunately not register with KvizMe and use the KvizMe offer themselves.

2.4 The conclusion of the contract for paid offers (packages or subscriptions) takes place via the KvizMe website. The scope of services and the current prices can be viewed there. By clicking on "Order with obligation to pay" (or a similar clear button), the user submits a binding offer, which KvizMe accepts by confirmation email or activation.

3. Right of Withdrawal (Especially for Consumers)

3.1 For Entrepreneurs (§ 14 BGB)

Since KvizMe-Job is directed exclusively at entrepreneurs and KvizMe-Edu is also used commercially by entrepreneurs, there is no statutory right of withdrawal for entrepreneurs.

3.2 For Consumers (§ 13 BGB) using KvizMe-Edu

Consumers generally have a right of withdrawal. The complete instruction on the right of withdrawal can be found at the end of this document (see Section 13).

3.3 Expiry of the Right of Withdrawal (for Consumers)

a) For the free offer KvizMe-Edu (Free): The right of withdrawal expires immediately after successful registration because we grant access immediately (§ 356 Para. 5 No. 1 BGB).
b) For paid digital content (KvizMe-Edu Subscriptions): The right of withdrawal expires prematurely if the user (as a consumer) has expressly agreed that KvizMe begins with the execution of the contract before the expiry of the withdrawal period, and the user has confirmed their knowledge that they lose their right of withdrawal through their consent. KvizMe will request and confirm this during the ordering process.

4. Content on the Platform

4.1 KvizMe offers free as well as paid content and usage options (e.g., transactional "Starter Packages" for KvizMe-Job or subscriptions like "KvizMe Silver/Gold" for KvizMe-Edu).

4.2 The scope of services and current prices are visible on the KvizMe website. All prices are subject to statutory value-added tax (VAT).

5. Duties and Rights during Use

5.1 Users must keep their access data (username, password) secret and may not pass them on to third parties.

5.2 The content available on KvizMe (esp. the AI tools) may only be used within the KvizMe Platform and may not be passed on to third parties, published on the internet, or sold.

5.3 The following content in any form (texts, media, videos, etc.) may not be uploaded, published, or otherwise disseminated by users (Educators, Customers) or candidates:

5.3.1 Viruses, Trojans, or other malicious programming code;
5.3.2 Pornographic, sexist, racist, xenophobic, insulting, defamatory, violence-glorifying, inciting content, or otherwise content that violates good morals or applicable law;
5.3.3 Content that discriminates against others (esp. violations of the AGG);
5.3.4 Content with intentionally misleading or untruthful content;
5.3.5 Trade secrets of third parties;
5.3.6 Copyrighted material without demonstrable authorization;
5.3.7 Content that (in the case of KvizMe-Edu) has no relation to education and thus no learning relevance.

5.4 Special Duty of Pseudonymization for KvizMe-Job (GDPR Benefit)

Customers using KvizMe-Job undertake to use the platform exclusively using the intended pseudonymous "Candidate Code" workflow. The Customer is strictly prohibited from entering, posting, or uploading personal data (PII) of candidates (such as names, email addresses, dates of birth, or CV content) into the KvizMe Platform. The assignment of a "Candidate Code" to a natural person (candidate) is the sole responsibility of the Customer and may only take place in the Customer's systems (e.g., their Applicant Tracking System).

5.5 Data Protection Duties for KvizMe-Edu

Users of KvizMe-Edu (esp. Educators) undertake not to publish or use personal data (such as names, addresses) of others (esp. Learners) when using the platform, unless this is mandatory for the purpose of the contract and covered by data protection law (e.g., by consent).

5.6 Users are also not allowed to do the following:

5.6.1 Illegally obtain access to KvizMe for themselves or third parties;
5.6.2 Any automated use of the platform (e.g., by scripts) that goes beyond the intended use is prohibited.

5.7 Users are personally responsible for the content uploaded or posted by them.

5.8 Should users notice a violation of the duties of this Section 5, KvizMe asks for immediate notification to [email protected].

6. Responsibility for Content & AI Results (Disclaimer)

6.1 For KvizMe-Edu

KvizMe is an informative platform where content can be uploaded by other users (Educators). KvizMe assumes no liability for the accuracy, completeness, and suitability of this information provided by third parties. KvizMe owes no specific learning success or improvement in performance.

6.2 For KvizMe-Job

KvizMe is a supporting SaaS tool. KvizMe is not a recruiter and does not make hiring decisions.

a) The Customer is solely responsible for the assessment content created by them (or created via AI generator and approved) and its compliance with laws (esp. AGG).
b) The "AI Evaluation Engine" and the "Leaderboard" represent an algorithmic recommendation and a pure decision-making aid. The final hiring decision and the assessment of a candidate's suitability are solely the responsibility of the Customer. KvizMe is not liable for hiring decisions of the Customer, in particular not for "Bad Hires".

7. Consequences of Violations

7.1

If users violate Section 5 (especially 5.3, 5.4, or 5.5), this may have the following consequences for the users:

Removal of illegal content;
Temporary suspension of the account;
Final deactivation of the account and extraordinary termination of the contract.

7.2

KvizMe will (if possible and reasonable) first ask the user for a statement in the event of violations. In the case of obvious or serious violations (esp. violation of Section 5.4 with KvizMe-Job), KvizMe reserves the right to immediate suspension.

8. Scope of Usage License/Indemnification

8.1 Upon conclusion of this contract, KvizMe grants the users a highly personal, non-exclusive, and non-transferable right to access the KvizMe Platform for the duration of the contract and to use the booked functions (according to the purchased package/subscription) within the framework of these Terms.

8.2 Users warrant that all content uploaded by them is free of third-party rights and does not violate applicable law (esp. data protection law). Users indemnify KvizMe fully against all claims by third parties (including claims by candidates, e.g., due to AGG violations or data protection violations for which the Customer/User is responsible) and hold KvizMe harmless (including reasonable legal costs).

9. Advertising

KvizMe is entitled to display advertising information on the platform, especially (but not exclusively) in the free variants or "Starter" packages (e.g., through "Powered by KvizMe" branding).

10. Contract Duration and Termination

10.1 Free Offers (e.g., KvizMe-Edu Free): The contract is concluded for an indefinite period and can be terminated at any time by deleting the account.

10.2 Subscriptions (e.g., KvizMe-Edu Silver/Gold, KvizMe-Job Professional): A paid subscription is concluded for the selected term (e.g., monthly or annually). It automatically renews for the agreed term unless terminated by either party with a notice period of (e.g.) 14 days to the end of the respective term.

10.3 Transactional Packages (e.g., KvizMe-Job Starter): The contract ends automatically when the scope of services has been provided (e.g., 75 candidates participated) or after a period defined on the website (e.g., 90 days after purchase).

10.4 Termination can be effected by the user in the user account or in text form (e.g., email to [email protected]).

10.5 The right of both parties to extraordinary termination for good cause remains unaffected.

11. Liability/Force Majeure

11.1 Claims by users for damages are excluded. Excluded from this are claims for damages by users arising from injury to life, limb, health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by KvizMe, its legal representatives, or vicarious agents.

11.2 Vis-à-vis entrepreneurs (§ 14 BGB), KvizMe is only liable for the breach of essential contractual obligations for the contract-typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages arising from injury to life, limb, or health.

11.3 Vis-à-vis consumers (§ 13 BGB), the statutory liability provisions apply without restriction.

11.4 The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of KvizMe if claims are asserted directly against them.

11.5 The provisions of the Product Liability Act remain unaffected.

11.6 KvizMe is not liable for the non-performance of the service insofar as this is based on events of force majeure.

12. Reservation of Changes

12.1 KvizMe reserves the right to adjust the price for subscriptions in the event of a significant change in procurement and provision costs (e.g., AI inference costs). A price change only takes effect with a notice period of 45 days to the end of a current contract term.

12.2 KvizMe further reserves the right to change these General Terms of Use (e.g., due to changes in the law or new technical developments). Changes will be communicated to the email address provided by the user. The changes are deemed accepted if the user does not object in text form within a period of four weeks after receipt of the notification. KvizMe will expressly point out these consequences in the notification of change. In the event of an objection, KvizMe is entitled to terminate the contract in due time.

13. Instruction on Right of Withdrawal (Only for Consumers with KvizMe-Edu)

Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us - KvizMe GmbH, Customer Support, Lilienstraße 11, 20095 Hamburg - by means of a clear declaration (e.g., a letter sent by post, fax, or email to [email protected]) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction and employed for the initial settlement of the usage fee, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Expiry of the Right of Withdrawal

The right of withdrawal expires in the case of a contract for the supply of digital content which is not supplied on a tangible medium if we have begun with the performance of the contract after you have (i) expressly agreed that we begin with the performance of the contract before the withdrawal period expires, and (ii) confirmed your knowledge that you lose your right of withdrawal by consenting to the beginning of the performance of the contract.

Model Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)

— To KvizMe GmbH, Customer Support, Lilienstraße 11, 20095 Hamburg, [email protected]:

— I/We (*) hereby withdraw from the contract concluded by me/us (*)

— for the purchase of the following goods (*)/ the provision of the following service (*)

— Ordered on (*)/received on (*)

— Name of consumer(s)

— Address of consumer(s)

— Signature of consumer(s) (only if communicated on paper)

— Date

(*) Delete as appropriate

14. Final Provisions

14.1

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

14.2 Place of Jurisdiction

a) If the user is an entrepreneur (§ 14 BGB), a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes is the registered office of KvizMe (Hamburg).
b) Vis-à-vis consumers (§ 13 BGB), the statutory places of jurisdiction apply.

14.3 Online Dispute Resolution (for Consumers)

The European Commission provides a platform for Online Dispute Resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. KvizMe is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

14.4

Should individual provisions of these General Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected.