This CLOUD SUBSCRIPTION AGREEMENT (the “Agreement”) IS A BINDING CONTRACT between CTrivia. (“CTrivia” or “We”) and You, and if applicable, between CTrivia and the company or other legal entity that You represent. CTrivia and You are also referred to individually as a “party” and collectively as the “parties”. If You are entering into this Agreement on behalf of a business organization or entity, You represent and warranty that You are duly authorized to bind that entity to this Agreement.
This Agreement governs all of Your use of our corporate educational game service (the “Online Service”), whether You access it from our Web site at https://ctrivia.com/ (the “Site”), from mobile Web sites, or from any other application or access point we make available to You. THIS AGREEMENT GOVERNS ALL USE YOU MAKE OF THE ONLINE SERVICE, INCLUDING YOUR FREE OR PAID USE (IF ANY).
If You do not agree to the terms of this agreement, do not install or use the software, associated documentation, service or any portion thereof and do not request or accept support services from CTrivia.
1. DEFINITIONS: In this Agreement unless the context otherwise requires the following expressions shall have the following meanings:
1.1. "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
1.2. "Control" means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
1.3. “Agreement” means this Cloud Subscription Agreement.
1.4. “Documentation” means Our documentation, and help and training materials, as updated from time to time.
1.5. “Purchase Order” means an ordering document specifying the Services to be provided hereunder that is entered into between You and Us or any of Our Affiliates, including any addenda and supplements thereto. By entering into a Purchase Order hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto.
1.6. "Purchased Services" means Online Services that You or any of Your Affiliates purchase under a Purchase Order, also referred as “Paid Subscription”, as distinguished from those provided pursuant to a Free Trial (see Section 2).
1.7. “User” means an individual who is authorized by You to use a Service, for whom You have ordered the Service, and to whom You (or We at Your request) have supplied a user access code. Users may include, for example, Your employees, consultants, contractors and agents, and third parties with which You transact business.
1.8. "We", "Us" or "Our" means CTrivia and/or its affiliates.
1.9. "You" or "Your" means the company or other legal entity for which You are accepting this Agreement, and Affiliates of that company or entity.
1.10. “Your Data” means electronic data and information submitted by or for You to the Purchased Services or collected and processed by or for You using the Purchased Services.
2. FREE TRIAL: If You request a Free Trial, CTrivia may make Our Online Service available to You on a trial basis free of charge for a maximum of thirty (30) calendar days from the start date. If at the conclusion of the Free Trial You choose not to purchase a subscription to the Online Service, Your account will be deactivated including all the users added, all of the design elements implemented and content added will still be available to You by requesting paid service within the following 12 months. Nonetheless, CTrivia will leave Your designs and content in read only mode and You will not be able to request any changes.
Additional trial terms and conditions may appear on the trial request web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Notwithstanding Section 10 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS), during the Free Trial the services are provided “as-is” without any warranty.
3. SUBSCRIPTION TERMS AND RESTRICTIONS
3.1. PERMITTED USE: Among other features, the Online Service allows users to play an educational game in the form of a random spin wheel with a number of categories, each of which has a group of questions (“Game”) within the Subscription Service where You and Your Users can (a) Play the Game, (b) browse the learning directory and, (c) View players results (admin user only). Subject to the terms and conditions of this Agreement and the usage limitations established by the Service, we hereby grant You a worldwide, non-exclusive, non-transferable right to access and use the Service during the term of this Agreement.
3.2. PAID SUBSCRIPTION: If You maintain a “Paid” subscription plan, You are then allowed to invite learner users (“Your Users”) in accordance with the contracted number of licenses. You must pay for and have a current subscription for You and each member of Your learners. Each user may be used only by a single individual. You are responsible for all use and misuse of the Online Service that occurs under You and Your Users’ login credentials, and You agree to notify Us of any unauthorized access or use of which You become aware (of).
3.3. GENERAL RESTRICTIONS: Customer may not: (i) modify, reverse engineer, disassemble, decompile or otherwise attempt to access or determine the source code of the Online Service, (ii) copy, or reproduce the Online Service in any way, in whole or in part, (iii) create any derivative work based on the Service, (iv) re-distribute or sublicense the Service, or any part thereof, to any third party, (v) "frame" or "mirror" any content available on the Online Service on any other server or wireless Internet-based device, (vi) operate the Online Service on a service bureau basis, without Our express prior written consent, (vii) use the Online Service in circumstances in which errors or inaccuracies in the content, functionality, data or information provided by the Service or the failure of the Service could lead to death, personal injury, or severe physical or environmental damage, or (viii) allow, permit or assist any third party to do the foregoing.
3.4. OWNERSHIP: The Service is licensed to You, not sold. Except as expressly set forth herein, we retain all rights in the Service, and all intellectual property rights therein. All rights in the Service not provided to You under this Agreement are expressly retained by Us. The CTrivia name and logo, the CTrivia Enterprise name and logo, the CTrivia Cloud name and logo, and other product names associated with the Online Service are trademarks of CTrivia or CTrivia's licensors and no right or license is granted to use them, other than as set forth herein.
3.5. PROBING: Customer shall not allow anyone working on Your behalf to perform any Ng4technical security integrity review, penetration test, load test, denial-of-service simulation or vulnerability scan of the Service without Our prior written consent. You shall not allow anyone working on Your behalf to use any software tool designed to automatically emulate the actions of a human user (such tools are commonly referred to as "Robots") in conjunction with the Service.
3.6. NO COMPETITIVE USE: You may not register for or use our Online Service to monitor or test its performance or for other benchmarking or competitive purposes.
3.7. YOUR CONTENT; REPRESENTATION: As between You and Us, You retain all right, title and interest in any and all data, files, attachments, text, images, personally identifiable information, and other content that You request to upload (collectively, “Your Content”). Your Content includes questions, learning content, and corporate branding. You represent and warrant that You have all rights, permissions and consents necessary (a) to submit Your Content to CTrivia, and (b) to grant CTrivia the limited rights to use Your Content set forth in this Agreement; (c) for any transfer of Your Content from one User to another.
3.8. LICENSE: The Service is designed to facilitate learning of content among Users. In support of that core function, and subject to the settings selected by You, You hereby grant CTrivia a limited license to use Your Content to provide the Online Service and its features to You during the term of this Agreement. CTrivia has no liability for any distribution, publication, display, use or disclosure of Your Content by other users of the Service to whom You provide or submit Your Content.
3.9. CONFIDENTIALITY OF YOUR CONTENT: CTrivia will not disclose or distribute Your Content to any third party. Notwithstanding any separate nondisclosure agreement that may have been executed between You and CTrivia, CTrivia may: (a) distribute and disclose Your Content to other users of the Online Service as described in Section 3.2, (b) allow Your Content to be stored and processed by CTrivia’s service providers (e.g., hosting and storage providers) who act on CTrivia’s behalf in providing the Online Service, as long as such service providers are not authorized to are bound to protect Your Content by reasonable contractual confidentiality obligations, and (c) disclose Your Content to the extent required by law.
3.10. USER ACCESS CODES: You may not disclose Your access codes other than to Your Users. In addition, Your access codes may not be used by more than the number of Users corresponding to the number of licenses that You have purchased to the Online Service. You are responsible for maintaining the confidentiality of Your account and access code information, and for restricting access to Your computers. In the event of a breach of security, You agree to immediately notify CTrivia of such breach in writing. CTrivia has no obligation to inquire as to the authority or propriety of any use of or action taken under one or more of Your access codes and will not be responsible for any loss to You arising from any such use.
4. YOUR RESPONSIBILITIES: You will (a) be responsible for Users’ compliance with this Agreement, (b) be responsible for the accuracy, quality and legality of Your Content and the means by which You acquired it, (c) use commercially reasonable efforts to prevent unauthorized access to or use of Services and Content, and notify Us promptly of any such unauthorized access or use, and (d) use Services and Content only in accordance with the Documentation and applicable laws and government regulations.
4.1. EQUIPMENT AND SOFTWARE: You must provide at its own expense Internet access, compatible software and compatible equipment to access and use the Online Service. You must meet the system requirements that CTrivia disclose to You including but not limited to Browsers: Microsoft Edge, Chrome, Firefox, and Safari are supported provided that Basic functionality has been tested at Your intended usage locations.
4.2. ACCOUNTS AND COOPERATION: You are responsible for all activity occurring under its accounts and shall abide by all applicable local, state, national, and foreign laws, treaties and regulations including those related to data privacy, international communications and the transmission of technical or personal data in connection with its use of the Online Service. We may request information and data from You in connection with our providing the Online Service, and You agree to cooperate with our reasonable requests in good faith.
4.3. NOTICE OF UNAUTHORIZED USE: You must report to Us immediately, and use reasonable efforts to stop immediately, any copying or distribution of the Service in violation of this Agreement that You are aware of or suspect.
5. AVAILABILITY OF THE SERVICE: Your access to and use of the Online Service may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Online Service for any reason, including as a result of power outages, system failures, problems inherent in the use of the Internet and electronic communications, failures of CTrivia's service providers (including telecommunications, hosting, and power providers) or other interruptions. CTrivia is entitled, without any liability to You, to suspend access to any portion or all of the Online Service at any time, on a Service-wide basis: (a) for scheduled downtime to permit CTrivia to conduct maintenance or make modifications to the Online Service; (b) in the event of a denial of service attack or other attack on the Online Service or other event that We determine, in Our sole discretion, may create a risk to the Online Service, to You or to any of Our other customers if the Online Service were not suspended; or (c) in the event that CTrivia determine that the Online Service is prohibited by law or CTrivia otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Suspensions"). CTrivia has no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur as a result of any Service Suspension.
6. PROVISION OF PURCHASED SERVICES: During the term of Your paid subscription to the Online Service CTrivia will (a) make the Services available to You pursuant to this Agreement and the applicable Purchase Order, (b) provide our standard support for the Purchased Services to You at no additional charge, (collectively referred to as the "Support") and (c) use commercially reasonable efforts to make the online Purchased Services available 24 hours a day, 7 days a week, except as specified in the above paragraph. CTrivia does not provide Support during the Free Trial.
6.1. UPDATES: CTrivia may install on the Online Service the upgrades, patches and service packs (collectively referred to as "Updates") which become available from time-to-time. CTrivia makes no guarantee that an Update will be installed during the term of this Agreement. The Updates shall be considered part of the Online Service and governed by this Agreement.
6.2. TECHNICAL SUPPORT: CTrivia shall provide Technical Support to allow Your designated Maintenance Services contacts to report problems and to seek assistance in the use of the Service during CTrivia's support hours of operations as established from time-to-time. Problems may be reported as per instruction outlined in CTrivia's SLA (Service Level Agreement). CTrivia shall return support requests within a commercially reasonable time after receiving Your request. Technical Support does not include on-site or in-person assistance or consultation.
7. SUBSCRIPTION RENEWALS AND CANCELLATIONS
7.1. SUBSCRIPTIONS: If You maintain a paid subscription to the Online Service, Your subscription period is established when You purchase Your subscription. Unless You notify Us before the end of Your subscription term, Your subscription will automatically renew for successive subscription periods of the same length. Unless We otherwise agree in writing, We charge Service Fees in advance at the beginning of each subscription period.
7.2. RENEWAL AND CANCELLATION: Once a subscription period (initial or renewal) commences, all Service Fees paid for that period are non-refundable. You may cancel Your subscription at any time before the end of the then-current subscription period, in which case Your subscription will not renew and we will not charge You any further Service Fees.
8. FEES AND PAYMENTS
8.1. SERVICE FEES: You agree to pay the fees in effect for Your subscription at the time You purchase or renew it, along with any fees for additional services You agree to pay while using the Online Service (collectively, “Service Fees”). Current pricing for subscription plans is available in Our offer. Unless we separately agree otherwise in writing, all Service Fees for subscriptions are payable in advance prior to the commencement of each subscription period. Other Service Fees become due and payable as described in our Documentation or in this Agreement.
9. TERM AND TERMINATION SUBSCRIPTION RENEWALS AND CANCELATIONS
9.1. TERM: This Agreement begins when You first request a Free trial or a Paid subscription for the Online Service and accept this Agreement and continues until all subscriptions hereunder have expired or have been terminated.
9.2. TERMINATION BY YOU: You may terminate this Agreement or reduce the number of licenses, anytime. You can also notify Us in writing at least five (5) business days prior to the date of the invoice for the following term. We will not be obligated to refund any Service Fees to You when You terminate. In the case of Free Trials, the trial license shall expire automatically at the end of the trial period, without further notice.
9.3. TERMINATION BY US FOR CAUSE: We may terminate this Agreement and Your access to the Online Service immediately, without any obligation to notify You or refund any Service Fees, if You are in breach of this Agreement, You misappropriate or infringe any of our intellectual property or proprietary rights, or You fail to make any payment when due.
9.4. PAYMENT OF FEES UPON TERMINATION: In no event will termination relieve You of Your obligation to pay any fees payable to CTrivia for the period prior to the effective date of termination.
9.5. TREATMENT OF YOUR CONTENT AT TERMINATION: After termination or expiration of this Agreement, We will not take any action to intentionally erase Your Content stored on the Online Service for a period of thirty (30) calendar days after the date of termination. The above conditioned on Your payment of all amounts then due hereunder, and Your compliance with terms and conditions We may establish with respect to such content retrieval. For the period of thirty (30) calendar days after the date of termination all Your Learning material and questions will be available. After this time period, We will have no obligation to maintain Your Content and may delete it, from the Online Service at any time.
10. REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS
10.1. REPRESENTATIONS: Each party represents that it has validly entered into this Agreement and has the legal power to do so.
10.2. WARRANTIES MADE BY YOU: You represent and warrant that You will not use the Service:
10.2.1. in a manner that infringes, violates or misappropriates any rights of CTrivia or any third party.
10.2.2. to engage in, promote or facilitate illegal activities such as, but not limited to: (A) gambling, (B) libelous, defamatory or otherwise malicious or harmful activities, (C) activities that are discriminatory based on race, sex, religion, nationality, disability, or age, or (E) activities which constitute or facilitate the illegal export of any controlled or otherwise restricted items, including without limitation, software, algorithms, or other data that is subject to export laws;
10.2.3. to engage in spamming or other impermissible advertising, marketing or other activities, including, without limitation, any deceptive practices such as posing as another service for the purposes of phishing or pharming, altering or obscuring any mail headers, creating forged or non-standard protocol headers, such as altering source addresses, etc., assuming the identify of any user of the Service without that user's permission, or any activities that violate anti-spamming laws and regulations.
10.3. WARRANTIES MADE BY YOU IN CONNECTION WITH YOUR CONTENT: In connection with Your Content, You represent and warrant:
10.3.1. that You have the necessary rights and licenses, consents, permissions, waivers and releases to use and display Your Content on the Online Service;
10.3.2. that Your Content does not: (A) violate, misappropriate or infringe any rights of CTrivia or any third party, (B) constitute defamation, invasion of privacy or publicity, or otherwise violate any rights of any third party, or (C) that Your Content does not contain malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
10.4. WARRANTIES MADE BY CTrivia: CTrivia warrants that it has the legal power (currently through CairoIT Solutions) and authority to enter into this Agreement. CTrivia further warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the then current documentation provided by CTrivia in connection with the Service under normal use and circumstances. Your exclusive remedy and CTrivia's sole and exclusive liability for a breach of this warranty shall be for CTrivia to re-perform any non-conforming Service brought to its attention within thirty (30) calendar days after the non-conforming Service is performed.
10.5. DISCLAIMER: EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, CTrivia MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. CTrivia DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE ONLINE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE ONLINE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, CTrivia DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CTrivia IS NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM CTrivia BY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. LIMITATION OF LIABILITY: NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
11.1. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES: IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
12.1. CONFIDENTIAL INFORMATION: As used in this Agreement, the term "Confidential Information" means any information (i) disclosed in writing by CTrivia to You and marked confidential, (ii) disclosed orally by CTrivia to You, identified as Confidential Information at such time, summarized in writing by CTrivia to You and marked confidential within thirty (30) calendar days of such oral disclosure, (iii) the Online Service and any associated training materials that we may provide to You, (iv) the terms of this Agreement (including, but not limited to the prices and payment terms), except as may be necessary to enforce the terms hereof, and (v) information and documentation that should be reasonably understood to be confidential under the circumstances of disclosure or the nature of the information disclosed. Confidential Information shall remain the sole property of CTrivia and its licensors.
12.2. NON-DISCLOSURE: You agree that You will not use the Confidential Information except as expressly set forth herein or otherwise authorized by CTrivia in writing. You agree that You may not disclose the Confidential Information to any persons or organizations except as may be necessary and required in connection with Your authorized use of the Service, and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the foregoing, You must use the same procedures and degree of care to avoid disclosure or unauthorized use of the Confidential Information as You use to protect Your own similar data and information, but in no event shall You use less than a reasonable degree of care.
12.3. EXCEPTIONS: The foregoing restrictions will not apply to information that (i) is known to You at the time of communication from CTrivia, (ii) has become publicly known through no wrongful act of You, (iii) has been rightfully received by You from a third party authorized to make such communication without restriction, (iv) has been independently developed by You as evidenced by Your written records, (v) has been approved for release by CTrivia's, express written authorization, or (vi) is required to be disclosed pursuant to a subpoena or other validly issued administrative or judicial process, provided that You must give CTrivia sufficient notice of such disclosure to allow CTrivia and/or the applicable licensor a reasonable opportunity to object to and take necessary legal action to prevent such disclosure.
13.1. INDEMNIFICATION BY CTrivia: CTrivia will indemnify and hold You harmless, from and against any claim against You by reason of Your use of the Online Service as permitted hereunder, brought by a third party alleging that the Online Service infringes or misappropriates a third party’s valid patent, copyright, trademark or trade secret (an “IP Claim”). CTrivia shall, at its expense, defend such IP Claim and pay damages finally awarded against You in connection therewith, including the reasonable fees and expenses of the attorneys engaged by CTrivia for such defense, provided that (a) You promptly notify CTrivia of the threat or notice of such IP Claim; (b) CTrivia will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such IP Claim; and (c) You fully cooperate with CTrivia in connection therewith. The provisions of this Section state the sole, exclusive and entire liability of CTrivia to You and constitute Your sole remedy with respect to an IP Claim brought by reason of access to or use of the Online Service by You.
13.2. INDEMNIFICATION BY YOU: You will defend CTrivia against any claim, demand, suit or proceeding made or brought against CTrivia by a third party alleging that Your Data, or Your use of any Service or Content in breach of this Agreement, infringes or misappropriates such third party’s intellectual property rights or violates applicable law (a “Claim Against CTrivia”), and will indemnify CTrivia from any damages, attorney fees and costs finally awarded against CTrivia as a result of, or for any amounts paid by us under a court-approved settlement of, a Claim Against CTrivia, provided We (a) promptly give You written notice of the Claim Against Us, (b) give You sole control of the defense and settlement of the Claim Against CTrivia (except that you may not settle any Claim Against Us unless it unconditionally releases CTrivia of all liability), and (c) give You all reasonable assistance, at Your expense.
13.3. LIMITATION: Notwithstanding the provisions of Section 13.1, CTrivia assumes no liability for (I) infringements arising from combinations of the Service with non-CTrivia software or hardware products, (II) modifications to the Online Service made by any party other than CTrivia or CTrivia's authorized representatives, or (III) trademark infringements involving any marking or branding not applied by CTrivia.
14. GENERAL PROVISIONS:
14.1. GOVERNING LAW: Without regard to choice or conflicts of law rules, this Agreement is governed by the laws of Egypt.
14.2. JURISDICTION: In accordance with the above, the parties to this Agreement irrevocably submit to the exclusive jurisdiction of the Courts of Egypt/ the English Courts as applicable, to settle any dispute which may arise under or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
14.3. SURVIVAL: Provisions herein which by their nature extend beyond the termination of any license of the Service shall remain in effect until fulfilled.
14.4. RELATIONSHIP: No joint venture, partnership, employment, or agency relationship exists between You and CTrivia as a result of this Agreement or Your use of the Service.
14.5. AMENDMENT: This Agreement may only be modified by a written agreement signed by duly authorized representatives of You and CTrivia.
14.6. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
14.7. WAIVER: CTrivia's failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CTrivia in writing.
14.8. ASSIGNMENT: This Agreement may not be assigned by You without CTrivia's prior written approval but may be assigned without Your consent by CTrivia to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
Last updated May 8, 2019
We may collect and receive information about users of our Services ("users," "you," or "your") from various sources, including: (i) information you provide through your user account on the Services (your "Account") if you register for the Services; (ii) your use of the Services; and (iii) from third-party websites, services, and partners.
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
We use the information we collect in various ways, including to:
We may share the information we collect in various ways, including the following:
Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so. We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.
In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
You may access other third-party services through the Services, for example by clicking on links to those third-party services from within the Services. We are not responsible for the privacy policies and/or practices of these third-party services, and we encourage you to carefully review their privacy policies.
CTrivia is committed to protecting your information. To do so, we employ a variety of security technologies and measures designed to protect information from unauthorized access, use, or disclosure. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. However, please bear in mind that the Internet cannot be guaranteed to be 100% secure.
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
If you are a registered user, you may access certain information associated with your Account by logging into our Services or emailing privacy@CTrivia.com.
To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could: inhibit CTrivia's ability to comply with a legal obligation; inhibit CTrivia's ability to investigate, make or defend legal claims; result in disclosure of personal information about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to CTrivia or a third party.
If you are a resident of the EEA, you have the following data protection rights:
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
You can use some of the features of the Services without registering, thereby limiting the type of information that we collect.
You may unsubscribe from receiving certain promotional emails from us. If you wish to do so, simply follow the instructions found at the end of the email. Even if you unsubscribe, we may still contact you for informational, transactional, account-related, or similar purposes.
The data controller of your personal information is CairoIT Solutions.