Terms and Conditions

Last updated: November 1st, 2022

Welcome to myQuiz!

Please read these Terms and Conditions (“Terms”) carefully before accessing or using the services (“Services”) available through the platform “myQuiz” (“Website”). These Terms constitute a binding agreement between WaveAccess USA Inc. (“WaveAccess”, “us”, “we” or “our”) and you (“User”, “you” or “your”) and set forth the general terms and conditions of your use of the Website and Service. These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Website, including our Privacy Policies: for EU nationals (GDPR) or US nationals and Cookie Policy. To the extent that there is any inconsistency between any such terms and policies and these Terms, the former shall prevail.

If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read these Terms with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you enter into these Terms on behalf of your child and are responsible for your child’s activity on the Service. We advise parents or legal guardians who permit their children to use the Service that it is important that they communicate with their children about their safety online, as well as about their obligation to comply with these Terms.

It is important that you read and understand these Terms as by accessing or using the Services you, on your own behalf and on behalf of your child, indicate that you have read, understood, agreed and accepted the Terms which take effect on the date on which you create an Account (as defined below). By accessing or using the Services, you agree to abide by these Terms. In the event of a breach of these Terms, we reserve the right to block your access, including than active subscription (if any) and /or to seek all available legal remedies. If you do not accept these Terms in their entirety, you may not use Services. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Terms periodically for updates.

1. Amendments

We reserve the right, at our sole discretion, to make changes or modifications to these Terms at any time. The most current version of the Terms will always be posted on the Website at https://myquiz.org/terms-and-conditions and you waive any right to receive specific notice of each such change, unless otherwise is provided in the Privacy Policy in respect to changes in the methods and scope of collection and processing of identifiable information. Changes will become effective for you upon the earliest of (1) your acceptance of the modified Terms, (2) your use of the Services with actual knowledge of the modified Terms, or (3) 30 (thirty) days following WaveAccess publication of the modified Terms through the Website. Your continued use of the Services after we make changes to the Terms is deemed to be acceptance of those changes, so please check the Terms periodically for updates.

2. Features of the Service

The Web-site is an online platform for running large-scale trivia quizzes in real time. Web-site provides an audience engagement via the quizzes. Quizzes can be played through most web browsers (at www.myquiz.org). Generally, for each quiz there is a quiz organizer (“Organizer”) and organizer’s audience (“Players”). Each quiz (myQuiz event) consists of players answering various types of questions (multiple-choice, true/false, open-ended or picture based) presented on the screen of the player. The Organizer creates and facilitates the quiz. Players are invited by the organizer to connect to myQuiz event and to participate in the quiz. The Web-site’s full performance list can be found on the Web-site’s landing page https://myquiz.org/. In addition to User Information collected in course of using the Service, Organizers may request certain additional information from Players. This additional information is collected by Organizers and is not stored by us OR [stored by us on a temporary basis until the end of the respective quiz event with regard to which this information was requested]. Organizers’ use and processing of Players’ information, prizes management is not governed by our Privacy Policy, and Waveaccess does not bear any responsibility for that. We encourage you as a Player to familiarize yourself with the Organizers’ privacy policies and (or) security practices before providing them any personal data.

3. Eligibility

To be eligible to create an Account (as defined below), you must:

(i) be of the age of majority or legal age in your jurisdiction (generally 18 or older) and be able to form legally binding contracts under applicable law. However, children of all ages may use Services (where available) if enabled by a parent or legal guardian;

(ii) not have a Web-site account that has been previously suspended or removed from the Service due to breach of the Terms or violation of legal requirements; and

(iii) consent that your use of the Service will be in compliance with the Terms, including with the rules set out in Sections “Restrictions on Use” and “User Content License”, and all applicable laws and regulations.

Individuals accepting these Terms on behalf of the entity, organization, or company represent and warrant that they have necessary authority to bind the respective entity, organization, or company to these Terms, and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Services on such entity’s behalf.

4. Accounts and Registration

To be able to organize the Quiz (to become an Organizer) and to use the respective Services, you must create a user account (“Account”). Those who have Accounts may also be Players. When you create an Account, we may ask you:

(i) to provide us with some information about yourself (“User Information”) in order for us to provide you with the Service. Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy and Cookie Policy, which are incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date; and

(ii) to take a brief knowledge-based questionnaire and/or to enter details of your credit card in order for us to validate your age and prevent creating Accounts by minors.

If we assume that you are under 13 years of age, we reserve the right not to allow you creating an Account and (or) to suspend your Account (if already created) until receipt of a valid consent of your parent or guardian allowing you to use the Service under the Terms and under the parental or legal guardian’s control.

When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your Account and password, and you accept responsibility for all activities that occur under your Account including prizes management and information collection and processing. If you consider that your Account is no longer secure, then you must immediately notify WaveAccess USA at: support@myquiz.org.

5. Fees and Subscriptions

Basic scope of Services is provided on a free basis. Once you create an Account, you will have access to such basic services. Access to advanced services and/or additional features requires paid subscription plans. The full list of plans pricing options is provided at https://myquiz.org/Pricing. You may be offered to try premium features during the free trial period. Please note that you will be charged automatically unless you cancel your subscription 24 hours before the end of the current subscription period. Auto-renew option can be turned off in your Account settings. No cancellation of the current subscription is allowed during the active subscription period.

If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change Services and pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

When you cancel a paid subscription, you will still have access to basic Services.

6. Service plans

myQuiz is an Audience Engagement Cloud Platform. Utilizing a trivia quiz concept the organizers can integrate with both live and virtual events (e.g. Team building, e-learning, Training, Webinar, Lead generation, Customer engagement, Professional presentation).

The platform allows bringing fun and engagement for various audiences. myQuiz plans are available for free or as a paid monthly/annual subscription in accordance with the following.

The plans subject to payment are currently referred to as “Paid Plans”. You can find more about Paid Plans and the by visiting https://myquiz.org/Pricing (the “Subscription Plans”). You agree to abide by the terms and restrictions applicable to the Subscription Plan that you have subscribed for.

We reserve the right to change or withdraw features, specifications, services and content of a Subscription Plan at any time, without notice to you. Please note that the content and features of a Subscription Plan may vary based on when you signed up and whether you have signed up through our website.

7. Basic Plan

If you have signed up for our free Plan, a limited version of our myQuiz functionality is provided to you free-of-charge, for as long as you use the Plan for non-commercial purposes only, in accordance with the limitations of use set out in these Terms. The Service Plan that does not require payment is currently referred to as the “Basic Plan”.

8. Paid Subscriptions Plans

myQuiz offers various monthly/annual Subscription Plans for use of the myQuiz platform in businesses, government, educational and non-profit organizations. When you subscribe to a Paid Plan, you get access to features that are not available for the Basic Plan and you may use this Plan for commercial purposes. You can learn more about Paid Subscriptions and the different Plans by visiting: https://myquiz.org/Pricing

9. By Event Pricing

myQuiz offers various customized options for organizers who are looking to manage events on specific dates or with-in a certain calendar period. For these customers pricing is based on specific requirements outlined by the customer (e.g. participants capacity, branding, leaderboard customization, team event, etc.). Each customized event will have separate purchase orders and agreements.

10. Payments, cancellations, upgrades
10.1. Payments and cancellations

If you have signed up for a Basic plan or if you cancel your Paid Subscription Plan within the commitment period, myQuiz will never charge you any fees for your use of the myQuiz Platform.

Paid Subscriptions Plans can be purchased directly from our website.

If you have signed up for a Paid Subscription Plan for a monthly subscription fee, you will be charged for one month’s subscription fee in advance. The Paid Subscription Plan and the payment to myQuiz will automatically renew at the end of the monthly subscription period, unless you cancel your Paid Subscription Plan through your profile page before the end of the current monthly subscription period.

If you have signed up for a Paid Subscription Plan for an annual subscription fee, you will be charged annual one-time write-offs of funds at a reduced price. The Paid Subscription Plan and the payment to myQuiz will automatically renew at the end of the annual subscription period. Annual subscription can not be canceled before its term. If you wish to cancel before the end of annual subscription, myQuiz will refund an amount equal to the payment for unused months of the annual subscription.

If you cancel your Paid Subscription Plan, the cancellation will take effect on the day after the last day of the current subscription period, after which you will be downgraded to Basic Plan. We will not refund any subscription fees already paid to us.

myQuiz may change the price for the Paid Subscriptions Plans from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions Plans will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the myQuiz Platform after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Paid Subscription Plan prior to the price change going into effect, in which case you will be downgraded to Basic Plan.

We do not provide any refunds if the price for a Paid Subscription Plans drops, or if we offer subsequent promotional pricing or change the content or features of a Subscription Plan.

Please note that in the event you purchase a myQuiz subscription plan, you are legally obliged to pay the invoice. This means that if you have not paid the invoice, but you have used our products/services, you are legally bound to pay the invoice.

Your right to withdraw is revoked as soon as your subscription is activated, as activation immediately initiates full access to the features specified in the subscription. These features constitute our digital content.

10.2. Upgrades and downgrades

You may at any time upgrade or downgrade your Paid Subscription Plan to a different Subscription Plan:

10.2.1. Paid Subscriptions Plan – monthly:

If you have downgraded your monthly Paid Subscription Plan to a lower Plan, such downgrade will take effect on the next day after we receive your email request.

If you have upgraded your monthly Paid Subscription Plan to a higher Plan, such upgrade will take effect immediately subject to payment of the upgrade fee.

10.2.2. Paid Subscriptions Plan – annual:

Your annual Paid Subscription Plan can not be downgraded.

If you have upgraded your annual Paid Subscription Plan to a higher Plan, such upgrade will take effect immediately subject to payment of the upgrade fee.

Requests about upgrades or downgrades should be done via email to: support@myquiz.org.

10.3. Taxes

Prices listed may not include sales or value added tax and applicable tax may be calculated and added at the time you complete a transaction and, depending on where you have purchased your Paid Subscription Plan, such tax may not be visible to you until you receive a receipt for your purchase. In certain jurisdictions, local laws require that prices include all applicable taxes, in which case this will be indicated at the time of the transaction.

11. End User License

Services and the Web-site, including all its elements (except to your Content (as defined below), for example, HTML software or code, scripts, text, graphics, databases, APIs, designs, images, video and audio, domain names, trademarks, trade names and logos, brand features and designations, either registered or unregistered (collectively “Materials”) belong either to us or our partners and are protected by intellectual property laws. All Materials are provided to you as a service and may only be used only for the purpose of and in course of using the Web-site and the related Services. No rights, title or interest in our Materials and (or) associated goodwill are transferred or granted to you.

We control and operate our Services and the Web-site from our offices in the United States of America. We do not represent that Materials are appropriate or available for use in other locations. Persons who choose to access our Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

Subject to your complete and ongoing compliance with the present Terms, WaveAccess grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Web-site and Service for your personal, internal use during the period of the Terms at the level and scope of Services for which you have paid all applicable fees.

The Services are integrated with or may otherwise interact with third party applications, websites, services and devices (“Third-Party Components”) to make the Services available to you. Use of these Third-Party Components may be governed by third-party terms and conditions and privacy policies and your use of these Third-Party Components will be governed by and subject to respective terms and conditions and privacy policies. You understand and agree that WaveAccess does not endorse and is not responsible or liable for the behaviour, features, or content of any Third-Party Component or for any transaction you may enter into with the provider of any such Third-Party Component.

We may revoke this limited license at any time for any reason. All rights not expressly granted are reserved by us.

12. Restrictions on Use

In course of accessing the Web-site or using the Service you shall not:

(i) procure or permit others to copy, reproduce, publish, transmit, distribute, perform, display, modify, create derivative works from any Materials or Services without its prior written permission;

(ii) use the Services and/or the Web-site in any way that advocates, promotes or assists any unlawful act;

(iii) transfer, lend, rent, resell, lease, distribute the Services and/or any Materials, or use them for providing services to a third party, or grant any rights to the Services, Materials and/or the Web-site to a third party;

(iv) purchase, use, or access the Services and/or the Web-site for the purpose of building a competitive product or service or for any other competitive purposes;

(v) interfere with or circumvent any feature of the Services and/or the Web-site, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service; or (c) hacking, password “mining” or using any other illegitimate means of interference;

(vi) probe, scan, or test the vulnerability of the Services and/or the Web-site;

(vii) use any manual or automated system or software to extract or scrape data from the Website or other interfaces through which WaveAccess USA makes the Services available, unless authorized by WaveAccess in writing;

(viii) interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal data about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;

(ix) take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web-site or networks, or any systems or networks connected to the Web-site;

(x) use the Services to infringe the intellectual property rights of others;

(xi) register accounts by “bots” or other automated methods;

(xii) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other accounts without permission, or falsifying your age or date of birth.

Organizers shall procure that Players whom they engage into playing the quiz or using the Services shall not commit any actions prohibited under this Section.

13. User Content License

In course of using the Services you may upload to the Web-site or otherwise make available photos, video, images, data, text, and other types of works (“Content”). You retain all copyright and other proprietary rights that you may hold in the Content.

You are solely responsible for your Content and the consequences of distributing the Content via the Website. By uploading to the Website or otherwise making available the Content you represent and warrant that:

(i) you are the author and owner of the Content, or have the necessary licenses, rights, consents, and permissions to authorize WaveAccess USA to use and distribute your Content within the scope of license specified in the paragraph below;

(ii) your Content, and the use of your Content as implied by the Terms, does not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other rights; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause WaveAccess to violate any law or regulation;

(iii) your Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

In order for us and to provide you with the Service and to promote the Service, by uploading to the Web-site or otherwise making available the Content you grant WaveAccess USA any trusted third parties that WaveAccess works with a worldwide, royalty free right and license to use, reproduce, host, store, transfer, display, modify, adapt, rearrange, create derivative works, and otherwise exploit your Content, in whole or in part. This license with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of rendering Services survives your deletion of the Account or cessation of Services’ use. We may display advertisements in connection with your Content and we may use your Content to advertise our Services. For the avoidance of doubt, no payment, royalty or compensation of any kind, or permission, notification or attribution, is due to you or to anyone else for our use of your Content.

You hereby release WaveAccess USA any trusted third parties that WaveAccess USA works with from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits in connection with your Content, including, without limitation, any and all liability for any permitted use or non-use of your Content, claims for right of publicity or economic loss.

You hereby also permit WaveAccess USA and any trusted third parties that WaveAccess USA works with to allow the Web-site to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Services.

14. Reports

If you believe that any Content is unlawful, inappropriate or infringes your rights, including your moral or intellectual property rights, you may send a notice to WaveAccess USA at: support@myquiz.org.

Notices of the claimed intellectual property infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link or a screenshot if possible; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If WaveAccess is notified about infringement, WaveAccess USA may in its sole discretion remove such Content from the Service, or take other steps that subject to the applicable law WaveAccess USA deems appropriate, without prior notification to the user or other party who supplied that Content.

15. Service limitations and updates

WaveAccess USA will make reasonable efforts to keep the Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. WaveAccess USA reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, all without liability to you, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. Notwithstanding the foregoing, if you have a prepaid subscription that WaveAccess USA permanently discontinued prior to the end of the prepaid period at no fault of you, WaveAccess will refund you the prepaid fees proportionally to the period of use of the prepaid Service. You understand, agree, and accept that WaveAccess USA will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Services.

16. Termination

You may terminate these Terms any time by deleting your Account. WaveAccess USA may terminate the Terms or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services, or non-compliance with the Terms or the applicable law, or if WaveAccess withdraws the Services (in which case WaveAccess shall provide you with reasonable notice in advance of doing so).

Upon termination of the Terms: (a) End User License will terminate and you must immediately cease use of the Services; (b) you will no longer be authorized to access your Account or the Services; (c) you must pay WaveAccess any unpaid amounts that were due prior to termination. Sections “Amendments”, “Eligibility”, “Accounts and Registration”, “End User License”, “Restrictions on Use”, “User Content License”, “Termination”, “Indemnification”, “Limitation of Liability” and “Governing law and Jurisdiction” hereof shall survive the termination of the Terms.

17. Indemnification

You are responsible for your use of the Services, and you agree to indemnify and hold us and our affiliates, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including reasonable attorneys' fees), made against us by any third party arising out of or in connection with our use and exploitation of your Content hereby release WaveAccess any trusted third parties that WaveAccess works with from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits in connection with:

(i) your use of, or misuse of, the Services;

(ii) your violation of any portion of the Terms, any representation, warranty, or agreement referenced in the Terms, or any applicable law or regulation;

(iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or

(iv) any dispute or issue between you and any third party.

WaveAccess reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with WaveAccess defence of those claims.

18. Disclaimer


In addition, WaveAccess makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any Third-Party Components (or the content thereof), devices or any other product or service advertised, promoted or offered by a third party on or through the Services or any hyperlinked website, or featured in any banner or other advertising and WaveAccess is not responsible or liable for any transaction between you and third-party providers of the foregoing.

No advice or information, whether oral or written, obtained by you from the Services or WaveAccess or any materials available through the Services will create any warranty regarding any of the WaveAccess or the Services that are not expressly stated in the Terms. You understand and agree that you use any portion of the Services at your own discretion and risk, and that WaveAccess is not responsible for any damage to your property (including your computer system or mobile device used in connection with the Services) or any loss of data.

19. Limitation of Liability

To the extent permitted by applicable law, WaveAccess, its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for (1) any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, or (2) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), arising out of or in connection with the Services and the Terms, and whether based on contract, tort, strict liability, or any other legal theory, even if WaveAccess has of the possibility of such damages and even if a remedy fails of its essential purpose. To the extent permitted by applicable law, the aggregate liability of each of WaveAccess, its affiliates, officers, directors, employees, consultants, subsidiaries, agents, suppliers, and licensors arising out of or in connection with the Services and the Terms will not exceed the amount paid by you to WaveAccess for use of the disputed Services (monthly or annual subscription, one-time usage of the Services for particular event and particular add-on service).

20. Governing law and Jurisdiction

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Nevada, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Nevada, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

21. General Terms
21.1. Severability

Unless as otherwise stated in the Terms, should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.

21.2. Assignment

WaveAccess may assign the Terms, and any of its rights and obligations under the Terms, in whole or in part. You may not assign the Terms and agreements, in whole or in part, nor transfer or sub-license your rights under the Terms and agreements, to any third party.

21.3. Consent to Electronic Communications

By using the Services, you consent to receiving certain electronic communications from WaveAccess, and that your email and address details will be retained and added to our mail-out list. You will thus periodically be contacted by WaveAccess, and only WaveAccess, with information regarding latest news, services and offers. You may opt out at any time by writing to WaveAccess or emailing WaveAccess and putting 'unsubscribe' in the subject line and / or message body. You will immediately be taken off the mailing list. You agree that any notices, agreements, disclosures, or other communications that WaveAccess sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Phone: +1 866 311 24 67

21.4. Contact Information

If you still have any questions after reading, please contact us:

WaveAccess USA, Inc.
Nevada, USA 10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Phone: +1 866 311 24 67
E-mail: hello@myquiz.org