Terms of Service
Thank you for using Question Jam. These Terms of Service contain the terms under which The Question Jam Services are provided to you and describe how the Services may be accessed and used.
You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
1. Privacy
1.1. Privacy.
In the course of using the Services, you may submit content to Question Jam (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. The Question Jam Privacy Policy, together with any Service-specific privacy notices or statements (collectively, detail how we treat your Content (including your personal data) and we agree to adhere to those Question Jam privacy policies. You in turn agree that The Question Collective may use and share your Content in accordance with the Question Jam privacy policies and applicable data protection laws.
1.2. Security.
Question Jam will store and process your Content in a manner consistent with industry security standards. Question Jam has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.
2. Your Content
2.1. You Retain Ownership of Your Content.
You retain ownership of all of your intellectual property rights in your Content. Question Jam does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
2.2. Limited License to Your Content.
You grant Question Jam a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by the Question Jam privacy policies. This license for such limited purposes continues even after you stop using our Services, 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 Question Jam’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide Question Jam with feedback about the Services, we may use your feedback without any obligation to you.
3. Question Jam IP
3.1. Question Jam IP.
Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Terms do not grant you any right to use Question Jam’s trademarks or other brand elements.
4. User Content
4.1. Content Review.
You acknowledge that, in order to ensure compliance with legal obligations, Question Jam may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Question Jam otherwise has no obligation to monitor or review any content submitted to the Services.
4.2. Third Party Resources.
Question Jam may publish links in its Services to internet websites maintained by third parties. Question Jam does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
5. Account Management
5.1. Keep Your Password Secure.
If you have been issued an account by Question Jam in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Question Jam, are responsible for any activity occurring in your account (other than activity that Question Jam is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Question Jam immediately. User accounts are personal and may not be shared.
5.2. Keep Your Details Accurate.
Question Jam occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
5.3. Remember to Backup.
You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Question Jam will not be liable for any failure to store, or for loss or corruption of, your Content.
6. User Requirements
6.1. Legal Status.
If you are an individual, you may only use the Services if you have the power to form a contract with Question Jam. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.
6.2. Minors.
“Minors” are individuals under the age of 16 (or under a higher age if permitted by the laws of their residence). None of the Services are intended for use by Minors. If you are a Minor, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
7. Acceptable Uses
7.1. Legal Compliance.
You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.
7.2. Your Responsibilities.
You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
(a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
(b) You may not misuse our Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.
(c) You may not circumvent or attempt to circumvent any limitations that Question Jam imposes on your account (such as by opening up a new account to conduct a Question Jam that we have closed for a Terms violation).
(d) Unless authorized by Question Jam in writing, you may not probe, scan, or test the vulnerability of any Question Jam and Question Jam system or network.
(e) Unless authorized by Question Jam in writing, you may not use any manual or automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
(f) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
(g) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(h) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Question Jam will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Question Jam.
(i) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
(j) Unless authorized by Question Jam in writing, you may not resell or lease the Services.
(k) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Question Jam has agreed with you otherwise. You may not use the Services in a way that would subject Question Jam to those industry-specific regulations without obtaining Question Jam’s prior written agreement.
(l) You may not register accounts by “bots” or other automated methods.
8. Suspension and Termination of Services
8.1. By You.
You can terminate your Subscription at any time by sending an email to hello@questionjam.com Such termination will result in the deactivation or disablement of your account and access to it.
8.2. By Question Jam.
Question Jam may suspend performance or terminate your Subscription with immediate effect for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 5 days after Question Jam has so notified you in writing. Additionally, Question Jam may limit, suspend, or terminate the Services to you with immediate effect: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice. However, there may be time sensitive situations where Question Jam may decide that we need to take immediate action without notice. Question Jam will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Question Jam has no obligation to retain your Content upon termination of the applicable Service.
8.3. Further Measures.
If Question Jam stops providing the Services to you because you repeatedly or egregiously breach these Terms, Question Jam may take measures to prevent the further use of the Services by you, including blocking your IP address.
9. Changes and Updates
9.1. Changes to Terms.
Question Jam may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Question Jam website. If an amendment is material, as determined in Question Jam’s sole discretion, Question Jam will notify you by email. Notice of amendments may also be posted to Question Jam’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Question Jam to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
9.2. Changes to Services.
Question Jam constantly changes and improves the Services. Question Jam may add, alter, or remove functionality from a Service at any time without prior notice. Question Jam may also limit, suspend, or discontinue a Service at its discretion.
10. Disclaimers and Limitations of Liability
10.1. Disclaimers.
While it is in Question Jam’s interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND Question Jam DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
10.2. Exclusion of Certain Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, Question Jam, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) 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 THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF Question Jam HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10.3. Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF Question Jam, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO Question Jam FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$200.00.
10.4. Consumers.
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
10.5. Businesses.
If you are a business, you will indemnify and hold harmless Question Jam and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
11. Contracting Entity
11.1. Who you are contracting with.
Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, The Question Collective.
11.2. Question Jam
For any Service provided by Question Jam, the following provisions will apply to any terms governing that Service:
Contracting Entity. References to “Question Jam”, “we”, “us”, and “our” are references to The Question Collective, reg. no. 43637045, located at Mosekrogen 51, 2860 Søborg, Denmark
Governing Law. Those terms are governed by the laws of Denmark (without regard to its conflict of laws provisions).
Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the Danish courts with respect to the subject matter of those terms.
12. Other Terms
12.1. Assignment.
You may not assign these Terms without Question Jam’s prior written consent, which may be withheld in Question Jam’s sole discretion. Question Jam may assign these Terms at any time without notice to you.
12.2. Entire Agreement.
These Terms (including the Additional Terms) constitute the entire agreement between you and Question Jam, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
12.3. Independent Contractors.
The relationship between you and Question Jam is that of independent contractors, and not legal partners, employees, or agents of each other.
12.4. Interpretation.
The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
12.5. No Waiver.
A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
12.6. Precedence.
To the extent any conflict exists, the Additional Terms prevail over this Terms of Service with respect to the Services to which the Additional Terms apply.
12.7. Severability.
If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
Privacy Policy
1. Introduction
This Privacy Policy applies to all the products, services, websites and apps offered by Question Jam, except where otherwise noted. We refer to those products, services, websites and apps collectively as the “services” in this policy.
References to "data" in this Privacy Policy will refer to whatever data you use our services to collect – it’s all your data! Reference to personal information or just information, means information about you personally that we collect or for which we act as custodian.
2. Information we collect
2.1. Who are “you”?
We refer to “you” a lot in this Privacy Policy. To better understand what information is most relevant to you, see the following useful definitions.
Admin User
You hold a Question Jam account and you directly create Question Jams within that account.
Player Participant
You are included in a group of participants in a Question Jam.
Website Visitor
You are visiting one of our websites because you are curious about Question Jam and Question Jam.
2.2 Information we collect about you.
Contact Information (for example an email address)
You might provide us with your contact information, whether through use of our services, a form on our website, an interaction with our team.
Usage information
We collect usage information about you whenever you interact with our websites and services. This includes which webpages you visit, what you click on, when you perform those actions, what language preference you have, and so on.
Device and browser data
We collect information from the device and application you use to access our services. Device data mainly means your IP address, operating system version, device type, system and performance information, and browser type. If you are on a mobile device we also collect the UUID for that device.
Information from page tags
We use third party tracking services that employ cookies and page tags to collect data about visitors to our websites. This data includes usage and user statistics. Emails sent by Question Jam or by users through our services include page tags that allow the sender to collect information about who opened those emails and clicked on links in them. We provide more information on cookies below.
Log Data
Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses, internet service providers, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system versions, device type and timestamps.
Referral information
If you arrive at a Question Jam website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.
Information from third parties and integration partners.
We collect your personal information or data from third parties if you give permission to those third parties to share your information with us or where you have made that information publicly available online.
If you are an Admin User we will also collect
Account Information
Registration information.
You need a Question Jam account before you can use Question Jam and Question Jam services. When you register for an account, we collect your first and last name, email address, place of work, and password.
3. Information you share
Many of our services let you share information with others. Remember that when you share information publicly, it can be indexable by search engines. Our services provide you with different options on sharing and deleting your content but we cannot delete content from search engines so you need to be careful about information you make public.
4. Information we share: Partners and Integrations
We do not share your information or data with third parties outside Question Jam except in the following limited circumstances:
To help us provide certain aspects of our services we use our affiliates and trusted key partners – in particular, we engage third parties to:
deliver and help us track our marketing and advertising content.
help us track website conversion success metrics.
We enter into confidentiality and data processing terms with partners to ensure they comply with high levels of confidentiality and best practice in privacy and security standards and we regularly review these standards and practices.
We have to share information or data in order to:
meet any applicable law, regulation, legal process or enforceable governmental request.
enforce applicable policies, including investigation of potential violations.
detect, prevent, or otherwise address fraud, security or technical issues.
protect against harm to the rights, property or safety of our users, the public or to Question Jam and/or as required or permitted by law.
5. Cookies
We and our partners use cookies and similar technologies on our websites. For more information see our Cookies Policy.
We use certain cookies, as described in our Cookies Policy and here in our Privacy Policy, that you agree to when you use our sites and, in the case of some cookies, for legitimate interests of delivering and optimizing our services (where the cookie delivers essential functionality). Cookies are small bits of data we store on the device you use to access our services so we can recognize repeat users. Each cookie expires after a certain period of time, depending on what we use it for. We use cookies and similar technologies for several reasons:
To gather metrics about your Question Jam experience.
For example, we will collect data about the number of clicks it took Players to ask a question, whether they left and returned to a Jam, and other details about the Services. However, this information is collated and kept at an aggregated and anonymized level only.To make our site easier to use.
Creators if you use the “Remember me” feature when you sign into your account, we store your username in a cookie to make it quicker for you to sign in whenever you return to Question Jam.For security reasons.
We use cookies to authenticate your identity and confirm whether you are currently logged into Question Jam and Question Jam or determine if an incident impacts you.To provide you with personalized content.
We store user preferences, your default language, device and browser information, your profile information which includes, the level of usage of service and the web-pages on our site which you visit, so we can personalize the content you see.To improve our services.
We use cookies to measure your usage of our websites and track referral data, as well as to occasionally display different versions of content to you. This information helps us to develop and improve our services (it helps us focus on the parts of the service you seem most interested in) and optimize the content we display to you (which may include marketing content).Marketing.
In addition to the above, we have implemented on our website certain tracking features that support marketing and advertising, including re-targeting.
You can choose to remove or disable cookies via your browser settings.
(Last updated: 2022-12-20)
6. Safety of Minors
Our services are not intended for and may not be used by minors. “Minors” are individuals under the age of 16 (or under a higher age if permitted by the laws of their residence). Question Jam does not knowingly collect personal data from Minors or allow them to register. If it comes to our attention that we have collected personal data from a Minor, we may delete this information without notice. If you have reason to believe that this has occurred, please contact customer support.
7. Changes to our privacy policy
We can make changes to this Privacy Policy from time to time. We will identify the changes we have made on this page. In circumstances where a change will materially change the way in which we collect or use your personal information or data, we will send a notice of this change to all of our account holders.
8. Personalized marketing
You can opt-out from direct marketing in your account and we provide opt-out options in all direct marketing emails. Finally, if you do not wish to see personalized marketing content on the web related to our service you can clear the cookies in your browser settings.
9. Your rights
Some of you (in particular, European users and those whose information we receive under the EU-U.S. Privacy Shield) have certain legal rights to obtain information about whether we hold personal information about them, to access personal information we hold about them, and to obtain its correction, update, amendment or deletion in appropriate circumstances. Some of these rights may be subject to some exceptions or limitations. We will respond to your request to exercise these rights within a reasonable time (and in all cases within 30 days of receiving a request).
Rights which you are entitled to are:
Data access rights
Right to restrict processing
Right of Rectification
Right to Erasure (Right to be Forgotten)
Right to object to processing
Right to withdraw consent; and
Data portability rights
Question Jam Sub-Processors
These sub-processors who assists us in the provision of the services:
OVH
Cloudflare
Chargebee
Elastic Mail
(Last updated: 2022-12-20)
Our Contact Information for Privacy Inquiries
The Question Collective
Mosekrogen 51
2860 Søborg
Denmark
hello@questionjam.com