Terms of Service

1. Acceptance of Terms

Welcome to ClueQuest. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "user") and ClueQuest ("we," "us," or "our") governing your access to and use of the ClueQuest platform, website, and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a new "Last Updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

2. Description of Service

ClueQuest is an interactive adventure platform that enables users to create, share, and participate in location-based experiences using QR codes, AI-generated content, and real-time collaboration features. The Service includes:

• Adventure creation tools with AI-assisted content generation
• QR code generation and scanning for location-based gameplay
• Real-time collaboration and team-based challenges
• Leaderboards, progress tracking, and achievement systems
• Avatar generation and customization
• Analytics and reporting tools

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

3. User Accounts

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Not share your account with others
• Notify us immediately of any unauthorized access or security breach

3.2 Account Responsibility

You are responsible for all activity that occurs under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

3.3 Age Requirements

You must be at least 13 years old to create an account and use the Service. Users under 18 must have parental or guardian consent. For educational use involving minors, adult supervision is required.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

4.1 Prohibited Content

• Create or share content that is illegal, harmful, threatening, abusive, harassing, or offensive
• Violate intellectual property rights, privacy rights, or any other rights of others
• Impersonate any person or entity or misrepresent your affiliation
• Distribute spam, unsolicited messages, or fraudulent content
• Include malware, viruses, or any harmful code

4.2 Prohibited Activities

• Interfere with or disrupt the Service or servers/networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use automated systems (bots, scrapers) without our written permission
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Circumvent security measures or authentication mechanisms
• Use the Service for competitive analysis or building competitive products

4.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including removing content, suspending or terminating accounts, and reporting to law enforcement.

5. Content Ownership and Rights

5.1 Your Content

You retain ownership of any content you create, upload, or share through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, distribute, and display your User Content solely for the purpose of providing and improving the Service.

5.2 Our Content

The Service and its original content (excluding User Content), features, and functionality are owned by ClueQuest and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.3 AI-Generated Content

Content generated by our AI features (stories, avatars, challenges) based on your inputs is provided to you for use within the Service. You may use such content for your adventures, but we retain all rights to the AI models and generation processes.

5.4 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property, and we may use them without compensation or attribution.

6. Payment and Subscriptions

6.1 Pricing

Certain features of the Service may require payment. All fees are in U.S. dollars unless otherwise stated. We reserve the right to modify pricing at any time, with notice for existing subscriptions.

6.2 Billing

For subscription services, you authorize us to charge your payment method on a recurring basis until you cancel. Subscriptions automatically renew unless cancelled before the renewal date.

6.3 Refunds

All sales are final. We do not provide refunds except as required by law or at our sole discretion.

6.4 Free Trial

We may offer free trials for certain features. Unless you cancel before the trial ends, you will be charged the regular subscription fee.

7. Service Availability

We strive to provide reliable and uninterrupted service, but we do not guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to:

• Scheduled or emergency maintenance
• Technical issues or infrastructure problems
• Factors beyond our control (natural disasters, internet outages)

We are not liable for any interruption, delay, or failure of the Service.

8. Limitation of Liability

8.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLUEQUEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

8.3 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $100, WHICHEVER IS GREATER.

9. Indemnification

You agree to indemnify, defend, and hold harmless ClueQuest and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us or using account deletion features within the Service. Upon termination, your right to use the Service will immediately cease.

10.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:

• Violation of these Terms
• Fraudulent or illegal activity
• Extended period of inactivity
• Request by law enforcement or government agency

10.3 Effect of Termination

Upon termination, all licenses and rights granted to you will immediately cease. We may delete your User Content and account data, subject to our Privacy Policy and legal retention requirements.

11. Dispute Resolution

11.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@cluequest.app to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

11.2 Arbitration

Any dispute arising from these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration will be conducted in [Location to be specified], and judgment on the award may be entered in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

11.4 Exceptions

Either party may seek equitable relief in court for intellectual property infringement or other urgent matters requiring immediate action.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [State/Country to be specified], without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of courts in [Location to be specified].

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ClueQuest regarding the Service.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights under them without our written consent. We may assign these Terms without restriction.

13.5 Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.