Terms of Service
1. Acceptance of Terms
By accessing or using any Knowledge Quest Studio tool - including KQ Studio (the browser-based interactive lesson editor), KQ Live (the live quiz platform), or KQ Board (the classroom display board) - you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the services.
Use of these tools on behalf of a school or institution means that you represent you have authority to accept these terms on that institution's behalf.
2. The Services
Knowledge Quest Studio is a suite of free browser-based tools for educators:
- KQ Studio - A browser-based application for building interactive SCORM-compatible lessons and quizzes. Exported packages are saved to your local file system and delivered to students through your LMS.
- KQ Live - A web application for hosting live, game-based quizzes. Teachers create a free account to save quizzes and track results. Students join sessions using a room code and a display nickname; no student account is required.
- KQ Board - A web application for creating interactive classroom display boards. Teachers create a free account to save and share boards.
These services are provided free of charge for noncommercial educational use. Contact mary@marylebens.com for commercial licensing inquiries.
3. Eligibility and Account Registration
To create a teacher account on KQ Live or KQ Board, you must:
- Be at least 18 years of age (or the age of majority in your jurisdiction), or be acting under the supervision and authorization of your educational institution
- Provide accurate registration information (name and email address)
- Keep your account credentials confidential
You may not use the Service if you are under the age of 13. Knowledge Quest Studio does not direct its account-based services to children under 13.
You are responsible for all activity that occurs under your account. Notify mary@marylebens.com immediately of any unauthorized access.
Student participants in KQ Live sessions are not required to create accounts and do not submit any personally identifiable information - only a display nickname and optional avatar chosen at the time of joining.
4. Acceptable Use
You agree not to use Knowledge Quest Studio tools to:
- Upload, share, or distribute content that is unlawful, harassing, defamatory, obscene, or otherwise objectionable
- Infringe any copyright, trademark, trade secret, or other intellectual property right of any person or entity
- Upload or transmit malware, viruses, or any code designed to interrupt, damage, or limit the function of any computer software or hardware
- Attempt to gain unauthorized access to any portion of the services, other user accounts, or any connected systems
- Use the services for any commercial purpose without a separate written license from Dr. Mary Lebens
- Collect or harvest data about other users without their consent
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Violate any applicable local, state, national, or international law or regulation
5. User Content and Copyright
You retain ownership of all content you create using Knowledge Quest Studio tools, including quiz questions, lesson content, board layouts, and uploaded images.
By uploading or submitting content to KQ Live or KQ Board (including images uploaded via Cloudinary), you grant Knowledge Quest Studio a limited, non-exclusive, royalty-free license to store and serve that content solely for the purpose of providing the service to you.
You are responsible for ensuring you have the right to use any content you upload. This includes images, text, audio, and any other materials. Do not upload content that infringes on the copyrights of others.
Knowledge Quest Studio is not responsible for, and assumes no liability for, the contents of user-generated content submitted by any user of these services.
6. DMCA - Notice and Takedown
Knowledge Quest Studio respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that content on our platform infringes your copyright, please send a written notice to mary@marylebens.com containing the following:
- Your physical or electronic signature
- Identification of the copyrighted work you claim has been infringed
- Identification of the allegedly infringing material and its location on our platform (a URL or description sufficient to locate it)
- Your contact information (address, telephone number, and email address)
- A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf
Upon receipt of a valid DMCA notice, we will remove or disable access to the identified content and notify the user who posted it. Users may submit a counter-notice if they believe the removal was made in error. Repeat infringers will have their accounts terminated.
7. User-Generated Content - Section 230
Knowledge Quest Studio is an interactive computer service within the meaning of Section 230 of the Communications Decency Act (47 U.S.C. § 230). We are not the publisher or speaker of user-generated content submitted by users of our platform. Under Section 230, Knowledge Quest Studio is not liable for content created or submitted by teachers, students, or other users of these tools.
Knowledge Quest Studio does not review, moderate, or pre-screen user-submitted content before it is posted. We reserve the right - but not the obligation - to remove content that violates these Terms.
8. Student Data, FERPA, and COPPA
Knowledge Quest Studio tools are designed with student privacy as a core principle.
KQ Studio exports SCORM packages delivered to students through your institution's LMS. Completion and score data travel directly from the student's browser to your LMS and never pass through Knowledge Quest Studio servers.
KQ Live student participants submit only a display nickname and optional avatar. No student accounts are created. No email addresses, real names, or other personally identifiable information are collected from students. Session data (nicknames, answers, and scores) is retained in the teacher's account for results review.
KQ Board does not collect any student data. Students who view a shared board see it as read-only visitors; no data about them is recorded.
FERPA: Because Knowledge Quest Studio does not collect education records as defined by the Family Educational Rights and Privacy Act, no FERPA agreement with your institution is generally required for use consistent with the above. Teachers using KQ Live are responsible for ensuring their use of session data complies with their institution's policies.
COPPA: Knowledge Quest Studio does not knowingly collect personal information from children under 13. KQ Live student participants do not create accounts. If you believe a child under 13 has submitted personal information to our service, please contact mary@marylebens.com and we will remove it promptly.
9. Third-Party Services
Knowledge Quest Studio integrates with the following third-party services:
- Cloudinary - Image upload and hosting for KQ Live question images and KQ Board background images. Images you upload are stored on Cloudinary's servers under Cloudinary's privacy policy (cloudinary.com/privacy).
- Jamendo and CCMixter - Optional music search within KQ Studio. Search queries go directly to the selected service; Knowledge Quest Studio does not receive or log them.
- Pixabay, Openverse, and Wikimedia Commons - Optional image search within KQ Studio. Search queries go directly to the selected service; Knowledge Quest Studio does not receive or log them.
- Google Fonts - Font delivery on the Knowledge Quest Studio website.
Knowledge Quest Studio makes no representations or warranties regarding third-party services and, to the extent permitted by law, disclaims all liability arising from your use of them.
10. Communications
Knowledge Quest Studio will only send you transactional emails - such as password reset messages and important notices about your account or these Terms. We do not send marketing, promotional, or newsletter emails. You will not need to opt out of anything you did not sign up for.
11. Changes to the Services
Knowledge Quest Studio may add, change, or remove features or functionality at any time. We may also discontinue any service entirely. Because these services are provided free of charge, no refund obligation arises from changes or discontinuation. We will make reasonable efforts to provide advance notice of significant changes.
12. The Services Are Provided "As-Is"
You use these tools at your own risk. There is no service level agreement, no uptime guarantee, and no obligation to maintain or continue any feature.
13. Limitation of Liability
These limitations do not apply to liabilities arising out of either party's gross negligence, fraud, or willful misconduct.
These terms do not affect any consumer rights that cannot by law be waived or limited.
Some jurisdictions do not allow certain exclusions or limitations of liability. In such jurisdictions, liability is limited to the greatest extent permitted by law.
14. Indemnification
You agree, to the extent permitted by law, to defend, indemnify, and hold harmless Dr. Mary Lebens and Knowledge Quest Studio from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the services; (b) your violation of these Terms; (c) your violation of any third party's rights, including intellectual property rights; or (d) any content you submit to the services.
15. Assignment
You may not assign these Terms or any of your rights or obligations under them without the prior written consent of Dr. Mary Lebens. Any attempted assignment without consent is void. Dr. Mary Lebens may assign these Terms or any rights under them at any time without notice.
16. Termination
You may stop using the services at any time. You may request deletion of your account by contacting mary@marylebens.com. We reserve the right to suspend or terminate your access to the services at any time for any reason, including violation of these Terms, with or without notice.
Sections 5, 6, 7, 12, 13, 14, 17, 18, 19, 20, and 21 of these Terms shall survive termination.
17. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. For changes that materially affect your rights, we will make reasonable efforts to provide advance notice. Continued use of the services after changes take effect constitutes acceptance of the updated Terms.
18. Disputes - Contact Us First
If you have a dispute arising out of these Terms or the services, please contact mary@marylebens.com first and we will make a good-faith effort to resolve it informally. Most concerns can be resolved quickly this way.
19. Governing Law and Venue
These Terms are governed by the laws of the State of Minnesota, United States, without regard to conflict of law provisions. If informal resolution under Section 18 fails, any dispute shall be brought exclusively in the state or federal courts located in Minnesota, and both parties consent to personal jurisdiction in those courts. Either party may seek injunctive or other equitable relief from any court of competent jurisdiction to prevent irreparable harm without first exhausting the informal resolution process.
20. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or omitted to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
21. Miscellaneous
Waiver. Failure by either party to enforce any provision of these Terms shall not be construed as a present or future waiver of that provision or any other provision.
No Endorsement. You may not use the Knowledge Quest Studio name, logo, or any adaptation of them in advertising, promotional, or sales materials without prior written consent from Dr. Mary Lebens. Nothing in these Terms creates any partnership, agency, or endorsement relationship between the parties.
Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Knowledge Quest Studio with respect to the services and supersede any prior representations, agreements, or understandings, whether written or oral.
Headings. Section headings are provided for convenience only and do not affect the meaning or interpretation of these Terms.
22. Contact
Dr. Mary Lebens
Knowledge Quest Studio
mary@marylebens.com
Knowledge Quest Studio