Welcome to Gimkit, a unique educational platform designed to engage students and enhance their learning experience through interactive quizzes and games. These Terms and Conditions (“Terms”) govern your use of Gimkit and any services provided by us, including the website and mobile app (collectively referred to as the “Platform”).
By accessing or using Gimkit, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you should not access or use our Platform. Please read these Terms carefully before using Gimkit.
1. Use of the Platform
Gimkit is intended for educational purposes only. As a user, you agree to use the Platform in a lawful manner and in accordance with the guidelines set forth in these Terms. You may use the Platform for personal, educational, and non-commercial purposes, but any other uses are prohibited unless expressly authorized by Gimkit.
Eligibility
- You must be at least 13 years old to create an account and use Gimkit. If you are under 13, you may only use the Platform with the consent of a parent or guardian.
- By creating an account, you represent and warrant that you meet the eligibility requirements and agree to these Terms.
Account Creation
- To access certain features of the Platform, you will need to create an account. You must provide accurate, complete, and current information during the account creation process.
- You are responsible for maintaining the confidentiality of your account credentials and are liable for any activity under your account.
2. Subscription and Payment
Gimkit offers both free and paid plans. By subscribing to a paid plan, you agree to pay the applicable fees for the service you have selected. Payment is processed through third-party providers, and you are responsible for ensuring that all payment details are accurate and up-to-date.
Payment Terms
- Payments for subscriptions are billed annually or monthly, depending on the plan you choose.
- Payments are non-refundable, except as required by applicable law.
Gimkit reserves the right to change its pricing, fees, or subscription plans at any time, and such changes will be communicated to users in advance.
3. License and Restrictions
Gimkit grants you a limited, non-exclusive, non-transferable license to use the Platform for educational purposes, subject to these Terms. You agree not to:
- Copy, distribute, modify, or create derivative works based on the Platform, except as allowed by Gimkit.
- Use the Platform for commercial purposes, including advertising or promoting products, unless expressly permitted by Gimkit.
- Interfere with or disrupt the functionality of the Platform or its servers.
- Use the Platform to upload, share, or distribute any content that is illegal, harmful, or violates the rights of others.
4. User Content
You may upload, submit, or share content through the Platform, such as quizzes, questions, or answers. By submitting content, you grant Gimkit a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content for the purpose of providing the Platform’s services.
You represent and warrant that:
- You have all necessary rights to the content you submit.
- Your content does not infringe on the intellectual property rights or privacy rights of others.
- Your content complies with Gimkit‘s guidelines and is appropriate for the educational environment.
Gimkit reserves the right to remove any content that violates these Terms or is deemed inappropriate at our sole discretion.
5. Privacy
Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and protect your personal data.
6. Prohibited Conduct
You agree not to engage in the following activities while using Gimkit:
- Engaging in any activity that violates the law, including intellectual property infringement or harassment.
- Uploading or sharing content that is offensive, harmful, abusive, discriminatory, or otherwise inappropriate.
- Impersonating another person or entity, or providing false or misleading information.
- Using the Platform to solicit personal information from others, or to spam or solicit advertisements.
- Attempting to access the Platform through unauthorized means, including but not limited to hacking or reverse engineering.
Gimkit reserves the right to suspend or terminate your account if you engage in prohibited conduct.
7. Termination
Gimkit may suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:
- Violation of these Terms.
- Engaging in illegal or harmful conduct.
- Failure to pay applicable fees for services.
- Technical or operational reasons.
Upon termination, you will no longer have access to the Platform, and any outstanding payment obligations must be settled.
8. Disclaimers
Gimkit provides the Platform “as is” and makes no representations or warranties regarding its functionality, availability, or suitability for your specific needs. We do not guarantee that the Platform will be error-free, uninterrupted, or free of viruses or other harmful components.
To the fullest extent permitted by law, Gimkit disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
9. Limitation of Liability
To the fullest extent permitted by law, Gimkit and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses, resulting from:
- Your use or inability to use the Platform.
- Any unauthorized access to or alteration of your data.
- Any content submitted by other users of the Platform.
- Any third-party actions or services.
Our total liability to you will not exceed the amount you paid for access to Gimkit in the past 12 months.
10. Indemnification
You agree to indemnify, defend, and hold harmless Gimkit, its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:
- Your use of the Platform.
- Any content you submit or upload.
- Your violation of these Terms or applicable laws.
11. Changes to These Terms
Gimkit may update these Terms from time to time. We will notify you of any material changes via email or through a notice on the Platform. The updated Terms will be effective upon posting, and by continuing to use the Platform, you accept the revised Terms.
12. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Gimkit operates, without regard to its conflict of law principles.
In the event of any dispute arising out of or relating to these Terms, you agree to resolve the matter through informal negotiations first. If the dispute cannot be resolved, you agree to submit to binding arbitration in accordance with the rules of the American Arbitration Association.
13. Contact Us
If you have any questions about these Terms or need further clarification, please contact us:
- Email: editorial@rcopa.com