Terms of Service
PLEASE READ THESE TERMS CAREFULLY. SECTION 23 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER THAT AFFECT HOW DISPUTES BETWEEN YOU AND DAILYQZ ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS EXPLAINED IN SECTION 23.
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of Chamele and any related websites, applications, services, features, and content provided by DailyQZ, LLC ("DailyQZ," "we," "us," or "our") (together, "Chamele").
By creating an account, or by accessing or using Chamele, you agree to be bound by these Terms, including the Community Rules in Section 8 and any additional rules we show you for a particular feature. If you do not agree, do not use Chamele.
Our Privacy Policy explains how we collect and use information about you.
2. Eligibility and Age
You must be at least 13 years old to use Chamele. Before you create an account we ask for your birth month and year, or rely on age information provided by your app store. You agree to answer truthfully. We may suspend or delete any account we believe belongs to someone under 13.
If you are under 18 (or under the age of majority where you live), you may use Chamele only if your parent or legal guardian has reviewed and agreed to these Terms. By letting you use Chamele, your parent or guardian agrees to these Terms on your behalf and is responsible for your use of Chamele.
We may offer different features, defaults, or limits to different age groups.
3. Changes to Chamele and to These Terms
We may add, remove, suspend, discontinue, restrict, or modify any part of Chamele at any time, including features, content, functionality, rewards, rankings, schedules, prices, virtual items, and subscriptions, without liability to you.
We may update these Terms from time to time. If we make a material change, we will notify you in the app, by email, or by posting the updated Terms with a new effective date, before the change takes effect when reasonably possible. Updated Terms apply from their effective date and do not apply to a dispute that arose before that date. Your continued use of Chamele after updated Terms take effect means you accept them. If you do not agree, stop using Chamele and delete your account.
4. Your Account
You are responsible for:
- Maintaining the security of your account and the confidentiality of your credentials.
- All activity that occurs under your account.
- Providing accurate information and keeping it reasonably current.
Your account is personal to you. You may not sell, transfer, share, or let anyone else use it.
Your username must follow the Community Rules. You do not own your username. We may change, reclaim, or remove a username that breaks these Terms, impersonates someone, or infringes someone's rights. After an account is deleted, its username may become available to others.
We may suspend, restrict, or terminate accounts at any time, with or without notice, for any reason or no reason.
5. Learning Content Is Not Professional Advice
Chamele offers quizzes, topics, study notes, and related content for entertainment and general learning. Much of it is created or checked with automated systems, including artificial intelligence, from public sources. It may be inaccurate, incomplete, outdated, or offensive.
- Content on Chamele is not medical, health, legal, financial, safety, driving, aviation, or other professional advice, and is not a substitute for official study materials or a qualified professional.
- We do not guarantee that using Chamele will help you pass any exam, test, license, or certification.
- Topics may refer to books, films, games, people, brands, schools, exams, and organizations. These names are used only to identify the subject. Unless we say otherwise, Chamele is not affiliated with, sponsored by, or endorsed by any of them.
You are responsible for evaluating content before relying on it. You can report a wrong or offensive question with the flag on any question.
6. Artificial Intelligence and Automated Systems
Chamele uses automated systems, recommendation systems, artificial intelligence, machine learning, and similar technologies, some provided by third parties, to operate the service. For example, they generate quizzes and study notes, interpret topic requests, screen usernames and other text, and recommend content.
When you request a topic, choose a username, name a club, or submit other text, that text may be processed by these systems, including AI services run by third-party providers as described in our Privacy Policy. Do not include personal information about yourself or anyone else in a topic request or other submission.
Information, User Content, and usage data may be used to develop, train, evaluate, improve, and operate such systems.
As between you and DailyQZ, quizzes, questions, study notes, and other content that Chamele generates, including content generated in response to your topic request, are owned by DailyQZ or its licensors.
7. User Content
"User Content" means any content you create, upload, submit, publish, generate, transmit, or otherwise make available through Chamele. This includes topic requests and topics, suggested questions, quiz answers, ratings, votes, reports and flags, usernames, club names, names you give your Chamele, island designs, feedback, and profile information.
You retain ownership of your User Content, subject to the rights granted below.
License to DailyQZ
By providing User Content, you grant DailyQZ and its successors, assigns, affiliates, licensees, partners, and service providers a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable, non-exclusive license to host, store, reproduce, modify, adapt, translate, reformat, publish, distribute, display, perform, analyze, index, train on, process, create derivative works from, commercialize, license, and otherwise use such User Content and any derivatives of it for any lawful purpose. Those purposes include operating, improving, promoting, advertising, marketing, and researching Chamele, training artificial intelligence systems, developing products and services, and commercial purposes.
This license survives account deletion and termination to the extent permitted by applicable law. For example, topics you shared with everyone may remain available to the community, without your name, after you delete your account.
To the extent permitted by law, you waive any moral rights or rights of attribution in your User Content.
Your Promises
You represent that you own or have the rights needed to provide your User Content and to grant the license above, and that your User Content does not violate these Terms, any law, or anyone's rights.
Our Choices About User Content
- We may review, screen, edit, refuse, hide, or remove any User Content at any time, for any reason, and we have no obligation to publish or keep it.
- We decide whether, where, and how to credit you (for example, "Asked by" a username on a suggested question that we approve), and we may remove a credit.
- A topic you share with everyone is public, and its visibility cannot be changed after it is created.
- Rewards for contributions, such as coins for an approved question, are in-app rewards that we give at our discretion. They are not payment, and no royalties or other compensation are owed to you.
Feedback
Any suggestions, ideas, improvements, recommendations, comments, or feedback you provide may be used by DailyQZ without restriction or compensation.
8. Community Rules
We have zero tolerance for objectionable content and abusive users. Do not create, request, submit, or share content, and do not behave in a way, that:
- Is hateful or discriminatory, or harasses, bullies, threatens, or intimidates anyone.
- Is sexual or sexually suggestive. Any content that sexualizes minors is strictly prohibited and will be reported to the authorities.
- Shows or encourages graphic violence, self-harm, terrorism, or dangerous activities.
- Is unlawful, promotes illegal activity, or is defamatory or fraudulent.
- Shares anyone's personal information, including your own real name, address, phone number, or school, or asks other players for theirs.
- Impersonates any person or entity, or misrepresents your affiliation with anyone.
- Is spam, a scam, or advertising.
- Infringes anyone's intellectual property or other rights.
- Uses Chamele to contact, groom, or pressure a minor, or to arrange to meet another player.
We use automated filters and human review to keep objectionable content off Chamele. You can report a player, a player-made topic, a club, or a question in the app, and you can block any player. We review reports and act promptly on objectionable content. Action may include removing the content and suspending or terminating the account responsible. Automated systems, including AI, help us review reports and may remove content or suspend an account; a person decides every permanent ban. If you think we got a decision wrong, email support@dailyqz.com and a person will review it. You can also reach us there for anything else.
9. Fair Play and Acceptable Use
You agree not to:
- Violate applicable laws or anyone's rights.
- Upload malicious code, interfere with how Chamele operates, or attempt unauthorized access.
- Scrape, harvest, or collect data about other players.
- Use bots, scripts, macros, or other automated means to access or play Chamele, except as we expressly permit.
- Cheat, exploit bugs or errors (please report them instead), or manipulate leaderboards, leagues, challenges, clubs, votes, ratings, or rewards.
- Create multiple or fake accounts, or use fake referrals, to earn rewards.
- Buy, sell, trade, or transfer accounts, usernames, or virtual items outside the features we provide.
- Copy, reverse engineer, decompile, or create derivative works of the app, except as the law expressly allows.
- Copy Chamele's quizzes, questions, or other content in bulk, or use them to train artificial intelligence models or build a competing product or dataset.
- Get around the age screen, security features, or limits we set.
If we believe you have broken these Terms, we may, at our sole discretion, remove content, reset scores or progress, revoke rewards, adjust balances, restrict features, or suspend or terminate your account.
10. Friends, Clubs, and Other Social Features
Friend connections require both players to accept. You can remove a friend or block a player at any time.
Players can create clubs. A public club can be found by searching, and a private club can be joined with its code. Club organizers can see members' usernames, scores, and activity in the club, pin topics, and manage the club. Organizers are players, not our representatives, and we are not responsible for what they or other members do. We may rename, hide, archive, transfer, or remove any club.
Links you share, such as topic, profile, club, and challenge links, can be opened by anyone who has them, and may show your username.
You are responsible for your interactions with other players. We do not screen players and are not obligated to monitor interactions, but we may.
11. Competitions, Leaderboards, and Rewards
Leaderboards, leagues, the Weekly Challenge, club boards, challenges, awards, and similar features are for fun. Unless we publish official rules for a specific promotion, they offer only in-app rewards and no prize with monetary value. Apple and Google are not sponsors of, and are not involved in, any competition or promotion on Chamele.
We determine rankings, results, and ties. We may change scoring, eligibility, schedules, and rewards at any time; correct errors; reset boards; and void results or rewards gained through cheating, bugs, or errors. Our decisions are final.
12. Virtual Currency and Items
Chamele includes virtual currencies and items, such as coins, keys, hints, wands, clocks, snacks, shells, Sand Dollars, votes, and island decorations ("Virtual Items").
- Virtual Items are licensed, not sold. We grant you a limited, personal, non-transferable, revocable license to use them within Chamele.
- Virtual Items have no monetary value and cannot be exchanged for cash or anything of real-world value.
- You may not transfer Virtual Items except through features we provide, such as sending a shell to a friend.
- We may manage, change, reprice, rebalance, or discontinue Virtual Items, change how they are earned or used, and correct balances affected by errors, bugs, or abuse. Virtual Items you buy with real money do not expire.
- Some features, such as the daily wheel, shells, and quest drops, award items at random. If we sell randomized items for real money, directly or through purchased currency, we will show the odds before you buy.
- Rewards for activity, referrals, and contributions are at our discretion. We may cap, change, or withhold them, including to prevent abuse.
- Virtual Items are forfeited when your account is deleted or terminated, and no refund is owed except as required by law.
13. Purchases and Subscriptions
We may offer Virtual Items, subscriptions such as Chamele Plus, and other paid features. Purchases are made through the Apple App Store or Google Play, are billed by them, and are subject to their terms. We do not receive your payment card details.
- Automatic renewal. A subscription renews automatically for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period. You can manage or cancel it in your App Store or Google Play account settings. Deleting the app or your Chamele account does not cancel a subscription.
- Trials and offers. A free trial or introductory offer converts to a paid subscription unless you cancel before it ends. Offers earned in Chamele, such as free days of Chamele Plus, have no cash value and are subject to the conditions we state for them.
- Changes. Subscription prices and benefits may change. Price changes are communicated as your app store requires.
- Refunds. Except as required by law or by your app store's policies, all purchases are final and non-refundable. Refund requests are handled by Apple or Google under their policies. If a payment is refunded or reversed, we may remove the items or benefits it paid for.
14. Advertising and Promotions
Chamele may display advertisements, sponsored content, promotions, affiliate content, recommendations, and commercial messages. We may receive compensation relating to such content. We make no representations regarding third-party products or services.
15. Notifications and Communications
You agree that we may send you communications electronically, including in the app, by push notification, and by email to the address on your account (for example, to reset your password). Electronic communications satisfy any legal requirement that a communication be in writing.
Push notifications are optional and are not required to use Chamele. You can choose which kinds you receive in Settings and turn them off in your device settings.
16. Third-Party Services and App Stores
Chamele may integrate with or link to third-party services. We do not control third-party services and are not responsible for their content, actions, availability, policies, or practices. Your use of third-party services is governed by their terms. You must comply with any applicable third-party terms, including your app store's and your wireless carrier's, when you use Chamele.
Apple App Store
If you downloaded Chamele from the Apple App Store, the following also applies:
- These Terms are between you and DailyQZ only, not Apple. DailyQZ, not Apple, is solely responsible for Chamele and its content.
- Your license to use the app is a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
- Apple has no obligation to provide any maintenance or support services for Chamele.
- If Chamele fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app. To the maximum extent permitted by law, Apple has no other warranty obligation for Chamele. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are DailyQZ's responsibility to the extent the warranty is not disclaimed in these Terms.
- DailyQZ, not Apple, is responsible for addressing any claims by you or a third party relating to Chamele or your possession or use of it, including product liability claims, claims that Chamele fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws.
- If a third party claims that Chamele or your possession or use of it infringes their intellectual property rights, DailyQZ, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
- Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.
- Questions, complaints, or claims about Chamele should be sent to DailyQZ at the contact details in Section 27.
Google Play
If you downloaded Chamele from Google Play, Google is not a party to these Terms and is not responsible for Chamele. Your download and any purchases are also subject to the Google Play Terms of Service.
17. Intellectual Property
Except for User Content, Chamele and all associated software, designs, characters, trademarks, branding, interfaces, databases, questions, rankings, systems, and content are owned by DailyQZ or its licensors. Some content is based on material from third parties, such as Wikipedia, used under their licenses; see Content Credits in the app's Settings.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the app and to use Chamele for your personal, non-commercial use. No ownership rights are transferred to you, and we reserve all rights not expressly granted.
18. Copyright Policy (DMCA)
We respect intellectual-property rights and expect users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, and we remove or disable access to allegedly infringing material expeditiously upon receipt of a valid notice.
Reporting Infringement
If you believe content on Chamele infringes your copyright, send a notice to our designated agent:
Copyright Agent, DailyQZ, LLC
22343 NE 101st Pl
Redmond, WA 98053-1954
Phone: +1 206-218-8008
Email: support@dailyqz.com (subject line: "DMCA Notice")
Your notice must include:
- Your physical or electronic signature (or that of a person authorized to act for the copyright owner).
- Identification of the copyrighted work you claim has been infringed.
- Identification of the material you claim is infringing and information reasonably sufficient to locate it (for example, the topic or quiz name, username, or a link).
- Your name, address, telephone number, and email address.
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Counter-Notice
If your content was removed and you believe the removal was a mistake or misidentification, you may send a counter-notice to the same address containing: your physical or electronic signature; identification of the removed material and its location before removal; a statement under penalty of perjury that you have a good-faith belief the material was removed in error; your name, address, and telephone number; and consent to the jurisdiction of the federal district court for your address (or, if outside the United States, any judicial district in which DailyQZ may be found) and to accepting service of process from the person who filed the original notice. We may restore the material in 10 to 14 business days unless the original claimant notifies us they have filed a court action.
Repeat Infringers
We terminate, in appropriate circumstances, the accounts of users who are repeat infringers, and we may remove any content at our discretion.
19. Termination
We may suspend, restrict, disable, or terminate your access to Chamele at any time, with or without notice, for any reason or no reason. Without limiting the foregoing, we terminate, in appropriate circumstances, the accounts of repeat copyright infringers as described in Section 18.
You may stop using Chamele at any time, and you can delete your account in the app's Settings or as described at chamele.app/delete-account.html.
When your account ends, your license to use Chamele ends, and you lose access to your account, progress, and Virtual Items. Sections intended to survive termination will survive termination, including Sections 6, 7, 12, and 17 through 26.
20. Disclaimers
CHAMELE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAILYQZ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND RELIABILITY.
WE DO NOT GUARANTEE THAT CHAMELE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT ANY CONTENT IS ACCURATE, COMPLETE, OR SUITABLE FOR ANY EXAM OR PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAILYQZ, ITS AFFILIATES, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROGRESS, VIRTUAL ITEMS, PROFITS, OR GOODWILL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO CHAMELE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:
- ONE HUNDRED U.S. DOLLARS ($100), OR
- THE AMOUNT YOU PAID FOR CHAMELE DURING THE TWELVE MONTHS BEFORE THE CLAIM.
Nothing in these Terms limits liability that cannot be limited under applicable law.
22. Indemnification
You agree to defend, indemnify, and hold harmless DailyQZ, its affiliates, officers, managers, members, employees, contractors, licensors, service providers, and partners from any claims, damages, liabilities, losses, costs, expenses, and attorneys' fees arising from:
- Your use of Chamele.
- Your User Content.
- Your violation of these Terms.
- Your violation of any law or third-party rights.
23. Dispute Resolution: Arbitration and Class Action Waiver
Talk to us first
Before starting an arbitration or court case, you and DailyQZ agree to try to resolve the dispute informally. Send us a written notice at support@dailyqz.com with the subject line "Dispute Notice," including your name, your username, the email address on your account, a description of the dispute, and the relief you want. We will send any notice to the email address on your account. If the dispute is not resolved within 60 days after the notice is received, either of us may start a formal proceeding. Any limitation period is paused while we try to resolve the dispute informally.
Agreement to arbitrate
To the fullest extent permitted by law, you and DailyQZ agree that any dispute, claim, or controversy arising out of or relating to these Terms or Chamele, or to your relationship with DailyQZ, will be resolved by binding individual arbitration and not in court. The arbitrator decides all questions about whether a dispute must be arbitrated, except that a court decides questions about the class action waiver, the procedure for many similar claims below, and whether you opted out.
Exceptions
- Either of us may bring an individual claim in small claims court if it qualifies.
- Either of us may ask a court for injunctive or other equitable relief to stop the infringement or misuse of intellectual property rights.
- If a court decides that a request for public injunctive relief cannot be arbitrated or waived, that request will be decided by a court after the arbitration of all other claims is complete.
How arbitration works
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by these Terms (see adr.org). If the AAA is unavailable, the parties will agree on another provider, or a court will appoint one. A single arbitrator will decide the dispute and may award relief only to the individual party seeking it, and only to the extent needed for that party's individual claim. Hearings will be held by video conference, by phone, or on written submissions when possible; any in-person hearing will be held in the county where you live or another location we agree on. Payment of fees is governed by the AAA's rules, and we will pay the fees those rules require a business to pay.
Class action and jury trial waiver
YOU AND DAILYQZ MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND DAILYQZ WAIVE ANY RIGHT TO A JURY TRIAL. If this waiver is found unenforceable for a particular claim, that claim (and only that claim) will be severed and decided by a court after the arbitration of any other claims, and will not be arbitrated on a class or representative basis.
Many similar claims
If 25 or more similar demands for arbitration are filed against DailyQZ by or with the help of the same or coordinated counsel or organizations, the AAA's Mass Arbitration Supplementary Rules will apply, and the parties will cooperate in good faith to resolve the demands efficiently, for example through batches, bellwether proceedings, or a global mediation. Any limitation period is paused for a demand while it waits to be heard.
Opting out
You may opt out of this agreement to arbitrate by emailing support@dailyqz.com from the email address on your account, with the subject line "Arbitration Opt-Out" and your name and username, within 30 days after you first accept these Terms (or, if you had an account before this version took effect, within 30 days after it took effect). Opting out does not affect any other part of these Terms.
Changes to this section
If we materially change this Section 23, you may reject the change by emailing us within 30 days after it takes effect, in which case the previous version of this section continues to apply to you. A change never applies to a dispute that you or we gave notice of before the change took effect.
Time limit
To the extent permitted by law, any claim arising out of or relating to these Terms or Chamele must be brought within one year after the claim arises, or it is permanently barred.
24. Governing Law and Venue
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles, and the Federal Arbitration Act governs Section 23. Any claim that is not arbitrated, including if you opt out of arbitration, will be brought exclusively in the state or federal courts located in Wyoming, and you and DailyQZ consent to their personal jurisdiction, except that either of us may bring a qualifying claim in small claims court where you live. If you live outside the United States, you may also have the benefit of mandatory consumer protection laws of the country where you live.
25. Export Controls and Sanctions
You represent that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
26. General Terms
- Assignment. DailyQZ may assign or transfer these Terms and any associated rights or obligations without restriction. You may not assign your rights without our prior written consent.
- Severability. If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions remain in full force and effect.
- Entire agreement. These Terms, together with the Privacy Policy and any rules we show you for a particular feature, are the entire agreement between you and DailyQZ about Chamele.
- No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
- Events outside our control. We are not liable for any delay or failure caused by events beyond our reasonable control.
- Third-party beneficiaries. Except as stated for Apple in Section 16, these Terms do not give anyone else any rights.
- Language. If we provide a translation of these Terms, the English version controls.
27. Contact
DailyQZ, LLC
Email: support@dailyqz.com