Terms of Service
1. Service Usage
You have to be 18 years of age to use our services. When you register on our site you must provide us with accurate and complete information.If you use our site, you also agree to our Acceptable Usage Policy, which governs what type of content you may create using our tools. Any violation of our terms and conditions or our Acceptable Usage Policy will result in the deletion of your account. We may terminate your license to use our content at any time and at our own discretion. If you use our services for commercial purposes, as determined in our sole discretion, you agree to hold Riddle and its officers, directors, employees and agents harmless against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, cost and expenses including, without limitation, reasonable legal and account fees (including cost of defense of claims, suits or proceedings) in any way related to your access of our services, your use of our services, the user content you may create or your breach of any of these terms. Our Basic and Pro Plans are limited to one single, dedicated user. Sharing of logins and user accounts is not permitted and may also result in loss of data. If you intend to have multiple users sharing an account, please upgrade to our Enterprise Plan. Our plans renew automatically after the chosen period (monthly or yearly). It is the sole responsibility of the subscriber to cancel their plan in time prior to the automatic renewal.
1.1 Fair use policy
Riddle has no limits on how many views you generated for the Riddle content you create and embed on your site. However, to limit our exposure to extreme server cost we ask anyone generating more the one million views per month to at least subscribe to our Pro Plan and anyone generating more than ten million views per month to purchase an Enterprise Plan per each ten million views.
1.2 International usage
Riddle would like to provide all persons, instituions and companies (in short: customers) worldwide with non-discriminatory access to our products.
This access may be denied or terminated if:
- a) Customers violate these terms and conditions.
- b) Customers fail to meet their payment obligations.
- c) Persons, entities or residents covered by the embargo provisions of the European Union in accordance with current EU regulations.
1.3 Verification of customer's geographic origin
For all automated transactions, the verification of the customer's geographical origin is performed by our payment system provider. For manual transactions, meaning transactions where the payment is not automated but handled by manual invoicing, the verification is handled by a Riddle sales representative.
1.4 Verification of customer payments
For all automated transactions, verification of the customer's geographical origin is performed by our payment providers (Stripe and Paypal). For manual transactions, the verification is performed by Riddle's accounting department.
- a) Riddle shall endeavor to make its site and embeddable content accessible, but Riddle does not guarantee it will meet all legal requirements related to accessbility. For example, Riddle strives to make the Riddle Creator and most of the Riddle embeds accessible to the customer. On the other hand, certain content types are not accessible due to the nature of the interation required. For example, the Riddle "Tap and Find - Search Image" content type is not suitable for people with visual impairments and blindness.
- b) It is the customer's responsibility to check whether the design of the accessible functionalities comply with their respective legal system as this is not the responsibility of Riddle.
2. Your Content
You can use Riddle to create your own content, which includes photos, text, links and comments. Anything you create or post on our services is referred to as "User Content" and you retain all right in this content, as well as any data collected through the use of Riddle's integrated form tools. Riddle will not use, sell or pass on this data in any form. You are also solely responsible for the User Content you post to the Riddle services.
2.1 License for User Content
You grant Riddle and its users a non-exclusive, royalty free, global, transferable and sub-licensable license to use, store, display, reproduce, modify, distribute, create derivative works of the User Content, solely for the purpose of operating, developing, providing and using the Riddle Services. We have the right to remove or modify User Content for any reason.
2.2 License for publishers
Riddle hereby grants the publisher a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license to access and embed any Riddle content, which is made available for embedding into Publisher's own website using the embed code options provided by Riddle. The embedded content is made available "as is" and Riddle makes no warranties of any kind and in no event makes any promises or guarantees that the embeddable content is free of bugs or errors. Riddle also makes no guarantees that the embeddable content is free of 3rd party copyrights. In case of doubt, publishers should contact the respective creator. In no event shall Riddle, its subsidiaries, affiliates, shareholders, officers, directors or employees be held liable for any claim arising out of using Riddle content in any way. The Publisher shall defend and hold harmless and indemnify Riddle, the Riddle directors, officers, shareholders and employees from any and all claims, damages, losses, suits, actions, demands, proceedings, expenses and liabilities of any kind brought or made by any third party arising from Publisher's use of the Riddle content. In no event shall Riddle's liability arising out of or related to the embedded content, to the fullest extent possible under applicable law, exceed the amounts paid to Riddle by Publisher during 3 (three) months preceding the date on which such claims arise.
2.2.1 No reselling
Ordered SaaS Services shall not be sold/resold, leased/subleased, licensed/sublicensed, or otherwise made available to any other third party (other than an Affiliate of Customer). All access to Riddle's quiz creator tools shall be for Customer’s or its Affiliate’s own internal business use. However, published Riddle content can be embedded or used by Clients of the Customer.
Riddle respects the intellectual property rights of others and expects its users to do the same. We will at our discretion disable or terminate user accounts if copyrights or intellectual property rights of others are infringed. In accordance with the Digital Millenium Copyright Act of 1998, which can be found on the U.S. Copyright Office website at www.copyright.gov/legislation/dmca.pdf, Riddle will respond to all claims of copyright infringement committed using the Riddle Services. If you are a copyright owner or are authorized to act on behalf of one please report alleged copyright infringements taking place on or through our services by completing sending an email to firstname.lastname@example.org containing the following information:
a) Identify the copyrighted work that you claim has been infringed. Include a link to your own site where your work appears and ensure that we can easily identify the infringed content. b) Identify the material that you claim is infringing and that is to be removed in a matter sufficient for us to locate the material. Include at minimum a URL to the page on which the material can be found and also, if your claim concerns an image, a link to the image source. c) Provide your email, mailing address, telephone number and full name as well as your company name if applicable. d) Include both of the following statements in the body of the notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." e) Provide a physical or electronic signature along with your full legal name.
You may also send your copyright claim to our office at: Riddle Technologies AG, Lenaustr. 1, 66125 Saarbrücken, Germany.
3. Third Party Links, Sites and Services
Our Services may contain links to third party websites, advertisers, services, special offers which are not controlled by Riddle. We do not endorse or accept any liability for such third party content. If you access third party site links and services you do so at your own risk and you agree that Riddle has no liability arising from the use of these sites.
The Riddle services and all of our content are provided on an "as is" basis without any warranties or any kind.
Riddle disclaims all warranties with respect to the services provided and does not warrant that the services will be usable for any particular purpose or make any representations arising out of the use of the services. We assume no responsibility for the content created using our Services. Our content is for entertainment purposes only and our content may contain elements that are not appropriate for children.
5. Limitation of Liability
- (1) Riddle shall have unlimited liability to the customer in the event of intent or gross negligence for all damages caused by it or its legal representatives or agents.
- (2) In the event of slight negligence, Riddle shall have unlimited liability in the event of injury to life, limb or health. Otherwise, Riddle shall only be liable insofar as it has breached a material contractual obligation (cardinal obligation). In such cases, liability shall be limited to compensation for foreseeable, typically occurring damage and shall not apply to consequential damage.
- (3) Riddle's strict liability for damages (§ 536 a BGB) for defects existing at the time of conclusion of the contract is excluded. 5 (1) and 5 (2) remain unaffected.
- (4) Liability under the provisions of the Product Liability Act shall remain unaffected.
For any dispute you have with Riddle, you agree to first contact us through email@example.com and attempt to resolve the dispute with us informally. If Riddle fails to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by Bund Deutscher SchiedmÃ¤nner und Schiedsfrauen e.V. (BDS). Unless you and Riddle agree otherwise, the arbitration will be conducted in Saarbrücken, Germany. Each party will be responsible for paying any BDS filing, administrative and arbitrator fees in accordance with BDS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RIDDLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
7. Governing Law and Jurisdiction
These Terms shall be governed by the laws of Germany.
8. Notification procedures and changes to these terms
We may from time to time revise or alter these Terms to accommodate for:
- changes to the law,
- new regulatory requirements,
- improvements or enhancements made to our Services.
If we update these Terms, we will notify you prior to the update's effective date by sending an email to the email address associated with your Riddle.com account or via an in-product message. These updated terms will be effective no less than 30 days from when we send out that notification.
If for any reason you do not agree to the updates we make, you may cancel your account before the changes become effective. If you are on a paid plan and you wish to cancel due to the changes we make to these terms, we will offer you a prorated refund based on the amounts you have prepaid for the Riddle.com services and your account cancellation date. By continuing to use or access Riddle.com and our services after the updates come into effect, you agree to be bound by the revised Terms.
9. General terms
Current version from February 26, 2021