Terms of use

1. Purpose

These terms of use (the "Terms") govern the use of the agoraquiz.education website and of the AgoraQuiz apps (teacher app, student app on the web, iOS and Android), together the "Service". The Service is published by Gabriel FRANCK, sole trader (SIRET 878 007 343 00014), hereinafter "AgoraQuiz" (see the legal notice).

The paid AgoraQuiz Plus subscription is also subject to the terms of sale.

2. Definitions

• Teacher: person who creates a teacher account to use AgoraQuiz with students, professionally (in a school) or personally (private tutoring, for example).
• School: educational establishment or organization within which a Teacher uses the Service.
• Student: person who creates a student account and joins a Teacher's group.
• User: any Teacher, Student or visitor of the Service.
• Content: questions, answers, themes, images, texts and other items published by Users in the Service.

3. Acceptance

The Teacher accepts the Terms when creating their account, with an email address or with Google. The Student accepts them by creating their account. If you do not accept the Terms, you must not use the Service.

4. Access to the Service and accounts

The Service is available free of charge, with limits (number of students, groups, games and history of statistics) described on the website. The AgoraQuiz Plus subscription removes these limits.

Teacher account. The Teacher must be of legal age and provide a valid email address that belongs to them. They guarantee that they are authorized to use the Service with their students as part of their activity, and where applicable by their School.

Student account. The Student creates their account with a username and a password, without an email address, then joins a group with the code provided by their Teacher. The student app is meant to be used as part of teaching, at the initiative and under the responsibility of a Teacher. A minor Student uses it with the agreement of their legal guardians, informed by the School or the Teacher.

Each User is responsible for keeping their password confidential and for the actions taken with their account. They notify AgoraQuiz without delay of any unauthorized use.

5. Teacher's commitments

The Teacher, who decides to use AgoraQuiz with their students, undertakes to:

• inform their students and, for minors, their legal guardians, of the use of AgoraQuiz and of the processing of their data, in accordance with the rules of their School;
• have students choose usernames that do not identify them outside the class, and not publish unnecessary personal information about them in the Service;
• check the questions suggested by their students before validating them, and remove any inappropriate content;
• only use in their Content texts and images that they have the right to use.

6. Rules of use

Users undertake to use the Service in accordance with its educational purpose and with the law. In particular, it is forbidden to:

• publish Content that is illegal, insulting, defamatory, discriminatory, violent, sexual, harassing, or that infringes the privacy or rights of others;
• publish personal data of other people without their consent;
• impersonate another person or use someone else's account;
• interfere with the operation or security of the Service (unauthorized access, automated data extraction, overloading, circumventing the limits of the free plan…);
• use the Service for commercial or advertising purposes.

The Teacher can exclude a Student from their groups. AgoraQuiz can remove illegal Content reported to it or suspend an account that does not comply with the Terms, under the conditions of article 11.

7. Users' Content

Users remain the owners of their Content. They grant AgoraQuiz, for as long as it is in the Service and worldwide, the non-exclusive and free right to host, reproduce, adapt (formatting, resizing of images) and display it, for the sole purpose of operating the Service.

The questions suggested by a Student in a group are used by the Teacher and the other Students of that group. When a Student in groups deletes their account, it is closed: their questions remain in their group and the Teacher still sees who wrote them, until the last of their groups is deleted (see the privacy policy).

Each User is responsible for the Content they publish. AgoraQuiz, as a host, does not check Content beforehand, but promptly removes any manifestly illegal Content reported to it at contact@agoraquiz.education.

8. AgoraQuiz's intellectual property

The Service, its brand, logo, interfaces, illustrations, avatars and code belong to AgoraQuiz. Users are granted a personal, non-exclusive and non-transferable right of use, limited to using the Service in accordance with the Terms. Any other use is forbidden without written permission.

9. Personal data

AgoraQuiz processes personal data in accordance with the GDPR and the French Data Protection Act, as described in the privacy policy.

AgoraQuiz is the controller for teacher accounts and the processor for student data, processed on behalf of the School or Teacher who uses the Service with them. The terms of this processing are set out in the appendix to the Terms, which forms an integral part of them.

10. Availability and changes to the Service

AgoraQuiz strives to keep the Service available 24 hours a day, 7 days a week, without being able to guarantee it. Access may be interrupted for maintenance, updates or in the event of a failure, with notice to Users where possible. AgoraQuiz may change the Service and add, modify or remove features; a change that significantly reduces an ongoing AgoraQuiz Plus subscription is dealt with in the terms of sale.

11. Suspension and deletion of accounts

By the User. Each User can delete their account at any time, from their profile ("My account" section). The deletion is permanent; the account of a Student in groups is closed and kept for their Teachers until the last of their groups is deleted. Deleting a teacher account deletes their groups, themes, the questions of their classes, their assessments and their statistics, and cancels their AgoraQuiz Plus subscription; their Students' accounts are kept, without these groups.

By AgoraQuiz. In the event of a serious breach of the Terms (in particular of article 6), AgoraQuiz may suspend or delete the account concerned, after a formal notice that has remained without effect for 8 days, or immediately if the breach requires it (manifestly illegal Content, attack on the security of the Service). An account with no login for 3 years is deleted; the Teacher is notified by email before the deletion.

12. Liability

AgoraQuiz uses reasonable means to provide a quality Service, under an obligation of means. AgoraQuiz is not liable for:

• the Content published by Users;
• the use of the Service by Users contrary to the Terms or to the law;
• interruptions due to maintenance, force majeure or a third party (Internet service provider, for example);
• damage to the User's equipment, who must have suitable hardware and connection.

The Teacher remains solely responsible for their teaching choices and for assessing their students; AgoraQuiz statistics are an aid and do not replace their judgment.

Nothing in the Terms limits the liability of AgoraQuiz where the law prohibits it, in particular towards consumers.

13. Changes to the Terms

AgoraQuiz may change the Terms, for example to keep up with changes to the Service or to the law. Users are informed of significant changes at least 30 days before they come into force, by email for Teachers or in the app. Continuing to use the Service after that date constitutes acceptance; a User who refuses the new Terms can delete their account.

14. Applicable law and disputes

The Terms are governed by French law. A consumer keeps the protection of the mandatory rules of the law of the country where they habitually reside. In the event of a dispute, the User is invited to first contact AgoraQuiz at contact@agoraquiz.education to seek an amicable solution.

Failing agreement, the dispute is brought before the competent courts. For professional Users, jurisdiction is given to the courts within the jurisdiction of the Nîmes Court of Appeal, unless a mandatory rule provides otherwise.

Appendix: data processing agreement for student data

This appendix is the data processing agreement provided for by article 28 of the GDPR between:

• the controller: the School within which the Teacher uses the Service, represented by the Teacher who obtained its authorization, or the Teacher themselves when they use the Service on a personal basis;
• the processor: AgoraQuiz.

It is accepted by the Teacher together with the Terms. A School that wishes to sign a separate agreement can request it at contact@agoraquiz.education.

Purpose and duration. AgoraQuiz provides the Service that allows the Teacher to have their students revise (questions written by the students, games, assessments, progress tracking). The processing lasts as long as the Teacher uses the Service with their groups.

Data subjects and data. The Students, often minors, registered in the Teacher's groups. Data: username, encrypted password, avatar, groups, questions suggested, answers, scores, results, game activity, achievements and, if allowed, notification tokens. No special category data within the meaning of article 9 of the GDPR is requested.

Obligations of AgoraQuiz. AgoraQuiz undertakes to:

• only process the data to provide the Service, on documented instructions from the controller (the Terms and the settings of the Service), and inform it if an instruction seems to infringe the regulations;
• never use student data for its own purposes, for advertising, commercial or profiling purposes;
• guarantee the confidentiality of the data, the publisher being the only one with access to it;
• implement the security measures described in the privacy policy;
• only use the sub-processors listed in the privacy policy, who are subject to the same obligations, and inform the Teacher of any planned change to this list at least 30 days in advance, the Teacher being able to object by deleting their account;
• help the controller answer requests to exercise the rights of Students and their legal guardians, and forward to it those it receives directly;
• notify the controller of any data breach concerning its Students as soon as possible, and at the latest 48 hours after becoming aware of it;
• help the controller carry out, where applicable, a data protection impact assessment;
• delete the data at the end of the processing: the Teacher can delete their groups, or their Students from their groups, at any time, and deleting their account deletes their groups; the data is deleted immediately from the database and from the backups within 30 days; before that, the Teacher can request a copy of their Students' data at contact@agoraquiz.education;
• make available the information necessary to demonstrate compliance with these obligations, and allow reasonable audits, on written request and with 30 days' notice.

Obligations of the controller. The School or Teacher undertakes to have a legal basis for the processing, to inform the Students and their legal guardians, to only enter necessary data in the Service, and to ensure that its instructions comply with the GDPR.