English
Questia Terms of Use
These Questia Terms of Use (the “Terms”) govern the binding rights and obligations between
you (“you”) and Uniqverse Pro s.r.o., a limited liability company, Id. No.: 02878658, with its
registered office at Rybalkova 1433/14, Vinohrady, 120 00 Prague 2, Czech Republic,
registered with the Municipal Court in Prague, File No. C 224909 (“we”) for the purpose of
using the Questia service via the Questia mobile App (the “App”), our website
www.questia.cz (the “Site”) or by any other means (hereinafter jointly referred to as
“Questia”).
1. Acceptance of the Terms.
1.1 Acceptance of the Terms. Please read these Terms carefully. By creating an account or
accessing or using Questia, you acknowledge that you accept and agree to be bound by these
Terms; you enter into a contract with us upon creation of a user account or upon accessing /
starting to use Questia (the “Contract”). The Contract is concluded upon creation of a user
account or upon accessing / starting to use Questia. If you do not agree to these Terms, you
may not access or use Questia. This Contract is not being concluded with Apple, Inc., any of
its subsidiaries, Google, Inc., any of its subsidiaries, or any other entity.
1.2 Term of the Contract. Unless stated in these Terms or prior to the conclusion of the
Contract otherwise, the Contract is concluded for an indefinite term. If you have agreed to the
automatic renewal of the fixed-term Contract, you may refuse such renewal at any time before
the end of the current effective term of the Contract.
1.3 Change to the Terms. We may modify these Terms from time to time. In the event that
we make changes to the Terms, we will notify you by email, via Questia, or provide you with
a new version of the Terms for you to accept. Your continued use of Questia after the
effective date of the updated version of the Terms will mean that you agree to the Terms as
amended.
1.4 Special rules for EU users. Please note that if you are a user from an EU country, the
special rules set out in Article 17 of these Terms apply. In the event of any conflict between
the remainder of these Terms and the rules of Article 17 of these Terms, Article 17 of these
Terms shall prevail.
2. Purpose of Questia and disclaimer
2.1 Purpose. Questia is a digital tool that supports users to pursue an active lifestyle in a
playful way and also educates users in this domain.
2.6 2 Disclaimer. We disclaim liability for any errors or omissions, harm caused in
connection with the use of Questia, including the performance of assignments, or for any
unintentional technical inaccuracies or typographical errors in the materials provided, as well
as for any violations of any of your community’s ethical or moral standards concerning family
education.
3. Eligibility and registration
3.1 Creating an account. In order to use Questia, you may be required to create or update an
Accountaccount. You can also create your Account account based on an invitation sent by
your parent, teacher or other person. Once the parent or teacher’s invitation is confirmed, user
accounts can be linked together.
3.2 Provision of data. In order to use Questia, you will also be asked to provide certain
personal data, which may include your name, gendersex, date of birth, email address,
information about your use of the appApp, etc. Such information will be stored and used in
accordance with our privacy policy (the “Privacy Policy”). You agree to provide us with
accurate, complete and truthful information and to update such information promptly when it
changes. You acknowledge that providing inaccurate, incomplete, false or outdated
information may affect the correctness and accuracy of the information provided by Questia.
3.3 Age restrictions. To create an Account account and access Questia, you must be at least 5
years old and not restricted from using Questia under the applicable laws. If you are under the
age of 16, your parent’s or natural legal guardian’s consent may be required to activate certain
Questia features.
4. Your use of Questia
4.1 Rules for using Questia. Any content you send via Questia is governed by our Privacy
Policy. To the extent that there is a conflict between these Terms and our Privacy Policy,
these Terms shall prevail. As a condition of your use of Questia, you agree not to use Questia
for any purpose that is prohibited by these Terms. You are responsible for all of your
activities in connection with Questia and must comply with all the local, state, national and
international laws and regulations and any applicable legislation. You agree that if you take
any of the following actions, you will be in material breach of these Terms; you agree not to:
resell, rent, lease, loan, sublicense, distribute or otherwise transfer rights to Questia;
edit, reverse engineer, decompile or disassemble Questia;
copy, adapt, modify, alter, translate or create derivative works of Questia without our
written consent;
allow others to use Questia, including, but not limited to, shared use through a network
connection, except as provided in these Terms;
attempt to circumvent Questia’s restrictions and support any unlawful conduct;
circumvent or disable any technological features or measures in Questia to protect
intellectual property rights;
use Questia in an attempt or in connection with any device, program or service
designed to circumvent the technological measures used to control access to or rights
in the content of a file or other work protected under the copyright law of any
jurisdiction;
use or access Questia to compile data in a manner that is used or applicable by a
competing product or service;
use your account to advertise, solicit or transmit any commercial advertisements,
including chain letters, unsolicited emails or repetitive messages to anyone;
use your account to engage in any illegal conduct;
upload data to transmit any communication that restricts or violates the rights of any
party;
upload media of any kind that contains hate speech, abuse, offensive images or
conduct, obscenity, pornography, sexually explicit or any other material that could
give rise to civil or criminal liability under the applicable laws or regulations or that
may otherwise be in violation of these Terms and the Privacy Policy; or
upload any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer
software or this website.
4.2 Consequence of breach. Any such prohibited use will result in the immediate termination
of your license to use Questia.
5. Questia Limited License
5.1 Scope of the licence. We grant you a personal, worldwide, revocable, non-transferable
and non-exclusive license to access and use Questia for personal and non-commercial
purposes in accordance with these Terms.
5.2 Reserved rights. All the rights, title and interest in Questia not expressly granted in these
Terms are reserved. If you wish to use our software, name, trade name, trade mark, service
mark, logo, domain name and/or any other designation with significant brand elements or
other content that we own, you must obtain our written consent. Requests for authorisation
can be sent to support@questia.cz.
5.3 Rights of ownership. For the avoidance of doubt, we expressly state that we own any
text, images, photographs, audio, video, location data, and any other forms of data or
communication that we create and make available in connection with Questia, including,
without limitation, visual interfaces, interactive features, graphics, design, compilations of
user content, as defined below, and compilations of aggregated user reviews, and all other
elements and components of the app, excluding user content. Except as expressly and
unambiguously provided in these Terms, we do not grant you any express or derived rights
and we retain all rights to the app and our content. We have implemented the necessary
technical and organisational measures in our system for internal control and information
security processes that are governed by best practice and correspond to the potential risk to
which you are exposed. We also take into account the prospect of future technological
advances to protect your personal data from unauthorised disclosure, access or loss. These
measures include, but are not limited to, employee data protection training, regular data
backups, data recovery procedures and liability mechanism of liability for breach of
protection of s for protected personal data breaches, as well as software and hardware.
6. Passwords
6.1 Obligation to keep passwords secure. You are responsible for taking any reasonable
steps to ensure that no unauthorised person has access to your Questia passwords or account.
It is your sole responsibility to (a) control the dissemination and use of your login name,
nickname and passwords; (b) authorise, monitor and control access to and use of your Questia
account and password; and (c) notify us promptly if you believe your account or password has
been compromised or if there is any other reason why you need to deactivate your password.
You grant us and any other person or entity involved in the operation of Questia the right to
transmit, monitor, retrieve, store and use your information in connection with the operation of
Questia. We cannot and do not assume any responsibility for any information you provide or
for your use or misuse of information transmitted or received via Questia by you or third
parties.
7. Disclaimer of warranty
7.1 Use in certain locations. We manage and operate Questia from various locations and do
not warrant that Questia is suitable or available for use in all locations. Questia or some of its
features may not be available in your location or may vary from location to location.
7.2 No warranty for the app. Questia is provided “as is”, “as available” and is provided
without representations or warranties of any kind, express or implied, including, but not
limited to, implied warranties of title, warranties of title, non-infringement, marketability and
fitness for a particular purpose, and any warranties arising from any course of performance or
customs of trade all of which are hereby expressly disclaimed, except to the extent required
by law. We and our directors, employees, agents, representatives, contractors, partners and
content providers do not warrant that: (a) Questia will be secure or available at any particular
time or location; (b) any defects or errors will be corrected; (c) any content or software
available in or via Questia will be free of any viruses or other harmful components; (d) the
results of using Questia will meet your requirements; and (e) content, text, images, software,
graphics or communications provided by third parties in or via Questia will be accurate,
reliable or complete. You use Questia solely at your own risk. Certain states/countries do not
allow limitations on implied warranties, so the above limitations may not apply to you.
8. Limitation of liability
8.1 Exclusion of liability. You acknowledge that you use Questia on your own responsibility.
Questia is not a vehicle tool for the provision of health services, physical therapy or physical
training and we are therefore not liable in any way for any actions you take based on the
information contained therein. Therefore, neither we nor our officers, directors, agents,
affiliates, employees, advertisers or data providers are liable for any decisions you make
based on Questia. In the event that you become entitled to damages from us in connection
with the Contract or your use of Questia, for whatever legal cause, a cap on damages is hereby
agreed in an amount corresponding to what you paid to us, but not exceeding CZK 5,000. The
aforementioned cap
on damages is agreed for the aggregate of all your claims for damages, if any. For the
avoidance of doubt, the above cap on damages shall not apply in cases where such damage
cap is excluded by law. We will not be liable for any damage suffered by you or third parties
as a result of your use of Questia in violation of the law, the Contract, these Terms, other
arrangements between the Parties, or our recommendation.
9. Using the Internet and mobile devices
9.1 Rates for services. Please note that your operator’s regular rates and charges, such as text
message charges and data charges, will continue to apply and are your cost if you use Questia
over the Internet or on a mobile device.
10. Third-party services
10.1 Third-party services. Questia may provide you with access to links to third-party
websites, apps or other products or services, or to third-party apps and services integrated into
Questia (“Third-Party Services”). We do not control the Third-Party Services in any way
and therefore assume no liability associated with such Third-Party Services. You must take
appropriate steps to determine whether access to a Third-Party Service is appropriate,
including protecting your personal data and privacy when using such Third-Party Services
and complying with the applicable agreements.
11. Your feedback
11.1 Use of feedback. We welcome your feedback on Questia. Unless expressly stated
otherwise, any communications you send to us or post in the App or on the Site in relation to
Questia reviews are deemed to be non-confidential. You agree that we may choose to publish
such content as we see fit. You agree that you authorise us to use such content free of charge
and to revise, edit and make changes to the context or make any other changes we deem
appropriate.
12. Exercise of rights
12.1 Tracking use. We are under no obligation to monitor access to or use of Questia.
However, we reserve the right to do so for the purpose of operating and maintaining Questia,
ensuring your compliance with these Terms, and complying with the applicable legal
requirements. We may report any illegal conduct to law enforcement authorities and, in
accordance with the applicable laws, we may cooperate with law enforcement authorities to
prosecute users who violate the law. We reserve the right (but are not obligated) to remove or
disable any content posted in Questia or access to Questia at any time without prior notice and
as we see fit if we determine, in our sole discretion, that your content or use of Questia is
objectionable or in violation of these Terms.
12.2 No liability for monitoring. We shall not be liable to Questia users or any other person
or entity for the performance or non-performance of the aforementioned activities.
13. Using Questia
13.1 Changes to Questia. We may change, expand and improve Questia from time to time
and without prior notice. We may also terminate part or all of Questia or selectively disable
certain Questia features at any time. Your use of Questia does not entitle you to further
provision or availability of Questia. Any modification or removal of Questia or any specific
features will be made at our sole and unfettered discretion and without any continuing
obligation or liability towards you.
13.2 Additional terms and conditions. When using Questia via the App, you may be subject
to the terms and conditions of Google Play, App Store or other services on which our mobile
apps arethe App is offered, even if they are not expressly stated in this Article 13 of the
Terms.
13.3 Google Play terms. When using the App through Google Play, the following terms also
apply:
If you are considered a minor in your country, you need your parent’s or natural legal
guardian’s permission and acceptance of the Terms to use the App. If other age
restrictions apply to your use of specific content or features of the App, you must
comply with them.
In case of any issues, errors or malfunctions with the App, please contact us. Google is
not responsible for the support and maintenance of the App. We will respond to your
support requests for paid products and purchases in the Apps within three business
days; we will respond to any support or Apps-related issues that Google classifies as
urgent within 24 hours.
13.4 App Store terms. When using the App through App Store, the following terms also
apply:
These Terms govern solely the relationship between us and you; Apple Inc. is not
bound by these Terms and is not responsible for the App or its content.
We are solely responsible for the maintenance and support of the App within the scope
of these Terms. Please contact us with any questions, complaints or claims regarding
the App. Apple is not responsible for the maintenance and support of the App.
If the App fails in breach of the warranty we provide under these Terms, you are
entitled to notify Apple accordingly. In such a case, Apple may refund the purchase
price of the Aapp, if agreed. To the maximum extent permitted by the applicable
laws, Apple has no warranty obligations with regard to the App; any and all
obligations and any claims, liabilities, damage, costs or other expenses caused by the
failure to comply with the warranty provided by the App shall be our sole
responsibility (to the extent laid down in these Terms).
It is our sole responsibility to resolve and, where applicable, settle any claims of yours
or other third parties in connection with the App or the use of the App, including, but
not limited to:
rights based on defective performance;
claims arising from the App’s potential non-compliance with the applicable
laws and requirements;
claims following from consumer protection, privacy or similar laws.
In the event that a third party makes a claim that the App or your use of the App
infringes that third party’s intellectual property rights, we are solely responsible for
verifying, defending against, settling or disputing such claim of infringement.
By installing the App, you represent that you are not using the App from a country that
is embargoed by the United States or designated by the United States government as
a state sponsor of terrorism, and that you are not on the United States government’s
list of sanctioned entities. You also agree to abide by these Terms for the entire time
you use the App.
Apple or its affiliates are third-party beneficiaries of these Terms and may require and
enforce compliance with these Terms, including in connection with the license
granted, at your sole discretion upon your acceptance of these Terms.
14. Indemnification
14.1 Indemnification of our company. You agree that you will defend, indemnify and hold
us and our affiliates, officers, directors, employees, agents, licensors and suppliers harmless
from and against any claims, actions or demands, liabilities and settlements, including,
without limitation, reasonable legal and accounting fees, arising out of or allegedly arising out
of your breach of these Terms, except as otherwise expressly provided by the applicable laws.
15. Miscellaneous
15.1 Governing law and jurisdiction. Any dispute arising out of the Contract shall be
governed by the laws of the Czech Republic without regard to their conflict of laws
provisions; you as a consumer are not thereby deprived of the protection afforded by the
statutory provisions which cannot be derogated from by contract and which would apply in
the absence of a choice of law. Any disputes arising out of or relating to the Contract shall be
settled amicably; disputes that cannot be settled amicably shall be heard by a Czech court
having subject-matter and local jurisdiction.
15.2 Limitation period. In the event of any dispute that may arise in connection with the use
of Questia, an application for its resolution (an action) must be lodged with a court having
local jurisdiction within 3 years of the time when the right was could have been asserted for
the first assertedtime.
15.3 Salvation Salvatory clause. If any provision of these Terms is found by a court or an
adjudication body of the competent jurisdiction to be invalid, illegal or unenforceable for any
reason, such provision will be removed or limited to the minimum extent necessary so that the
remaining provisions of these Terms remain in full force and effect.
15.4 Surviving provisions. Upon the expiry of the Contract, all provisions of these Terms
that should, by its nature, survive the termination of the Contract shall survive such
termination, including, without limitation, the provisions governing ownership, disclaimer of
warranties, and limitation of liability.
15.5 Individual litigation. Any claims between the Parties relating to these Terms will be
dealt with on an individual basis and the Parties shall not consolidate or seek to resolve any
claim on a collective basis unless agreed by the Parties in writing in advance.
15.6 Refusal of service. We may refuse service, close an account and change your eligibility
requirements at any time. We will always inform you of this fact in advance and in a timely
manner unless otherwise stated in these Terms.
16. Notification and content removal procedures
16.1 Notices. If you believe that any materials accessible in or from Questia infringe your
copyright, you may request removal of (or access to) those materials from Questia by
contacting us and providing us with the following information and supporting documentation:
Identification of the copyrighted work you believe is infringed. Please describe the
work and, if possible, provide a copy or the location of the authorised version of the
work.
Identification of the material you believe is infringing the copyright and its location.
Please describe the material and provide us with its URL or any other relevant
information that will allow us to find the material.
Your name, address, telephone number and (if available) email address.
A statement that you believe in good faith that the complaint about the use of the
materials is not authorised by the copyright owner, its agent, or the law.
A statement that the information you have provided is accurate and that you are the
copyright owner or authorised to act on the copyright owner’s behalf.
Signature or electronic equivalent from the copyright holder or authorised
representative.
16.2 Notices and content removal policy. In an effort to protect the rights of copyright
owners, we proceed to terminate accounts, subscribers and Questia account holders who
repeatedly infringe copyright or other rights, and we do so even without notice.
17. Special provisions for EU users
17.1 Applicability and disapplicationexclusion. If you are a consumer, the following rules
of this Article 17 of the Terms apply. If you are not a consumer, any rules of the national law
governing the provision of digital content or digital services and the rules of this Article 17 of
the Terms shall be disappliedexcluded.
17.2 Standard communication costs. You will not incur any additional costs for using
remote means of communication to communicate with us and enter into the Contract. We will
also not charge you for any telephone or Internet communication with us. However, you will
still pay standard rates for the use of communication means to your provider of such
telecommunications services.
17.3 Suitability and modifications. We are not responsible for the suitability of the digital
content or digital content services for their usual purpose, for the conformity of the content
with the usual characteristics, for the supply of accessories and instructions for use. We may
change the digital content and digital content services to maintain their functionality of such
content and toand further development it further.
17.4 Updates. We do not update Questia unless we specify otherwise. If we do provide
updates, you must install them within a reasonable time after they are made available,
otherwise you have no rights from any defect arising from the failure to install such updates.
17.5 Language. Questia is available mainly in Czech and English, but may also have other
language versions.
17.6 Compatibility and interoperability. Questia and the related services work on standard
smartphones, especially on Android and iOS phones, or, as regards the Site, on desktop
computers with Internet browsers. However, we reserve the right to restrict the use of Questia
based on determination of incompatibility or security risks on any device. To use Questia, you
must be connected to the Internet unless stated otherwise.
17.7 Immediate commencement of provision of services. You expressly request and agree
that performance of the Contract and the provision of Questia by us to you will commence
prior to the expiry of the general withdrawal period. In view of the above, you may withdraw
from the Contract within 14 days of the conclusion of the Contract or of an additional
purchase order only to the extent of the services that have not been provided before the expiry
of the withdrawal period; in the case of partial provision of such services you are not entitled
to a refund of the proportionate part of the agreed price for the performance already provided.
In connection with making Questia available as digital content, you acknowledge that you
will not have the right of withdrawal with respect to such digital content.
17.8 Delays in making Questia available. If we are in delay with providing Questia and do
not allow you to access Questia even after we have mutually agreed a grace period, or a
statement of ours and the circumstances clearly suggest that we will not do so within the grace
period, you may withdraw from the Contract without undue delay after you become aware of
the delay.
17.9 Retention and availability of the Contract. The Contract is concluded in Czech or
English and is retained by us in the form of an electronic record for our internal purposes.
Accessing the Contract is therefore impossible.
17.10 Electronic notices. You agree to provide receive all the information prior to concluding
the Contract, prior to issuing a confirmation of the conclusion of the Contract and prior to
issuing a confirmation of consenting to the commencement of performance prior to the expiry
of the period for withdrawal from the Contract in electronic form.
17.11 Contracting process. The Contract may be concluded through the Site or otherwise.
You can check, change and correct the data entered before concluding the Contract.
17.12 Confirmation of the conclusion of the Contract. A confirmation of the conclusion of
the Contract, including these Terms and information about your consent to the
commencement of performance prior to the expiry of the withdrawal period, will be sent to
you by electronic means after the conclusion of the Contract.
17.13 Binding rules of conduct. In providing Questia, we act in accordance with the
applicable laws and the Privacy Policy. However, we are not bound by any code of conduct in
our relationship with you.
17.14 Supervisory authorities. The supervisory authorities that oversee our activities and
which you can contact in case of complaints are:
for consumer protection: the Czech Trade Inspection Authority, with its seat at
Štěpánská 796/44, 110 00 Prague 1, website: https://coi.gov.cz/en/information-about-
adr/https://coi.gov.cz/en/; it is also the authority responsible for out-of-court dispute
resolution, where the https://coi.gov.cz/en/information-about-adr/http://ec.europa.eu/consumers/odr platform can be used;
for trade licence control: the competent trade licensing authority;
for supervision over personal data protection: the Office for Personal Data Protection,
with its seat at Plk. Sochora 727/27, 170 00 Prague, website: https://uoou.gov.cz/en;
for consumer protection at the EU level: the European Consumer Centre of the Czech
Republic, with its seat at Štěpánská 796/44, 110 00 Prague 1, website:
https://evropskyspotrebitel.gov.cz/en/; it is also the contact point under Regulation
(EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on
online dispute resolution for consumer disputes and amending Regulation (EC) No
2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
17.15 Remedying digital content defects. If you are a consumer, the following rules apply to
the remedy of defects in digital content or in digital content services and take precedence over
the other provisions of these Terms in addition to the general rules regarding remedy of
Questia’s defects as laid down above in these Terms:
If a defect arises during the term of the Contract, it is our burden to prove that the
digital content or digital content services were provided without defect; this does not
apply if we prove that the defect was caused by your inadequate technical or software
equipment or network connection necessary for their proper functioning (“Digital
Environment”), even if you were advised of their necessity; you will provide us
with the necessary cooperation so that we can verify that the defect is due to
inadequate Digital Environment; if you refuse to provide such cooperation, we are
not obliged to prove that the digital content or digital content services were provided
free of any defects.
We are also liable for any defect caused by incorrect integration of the digital content
or digital content service with the Digital Environment by us or under our
responsibility, or by you in accordance with the instructions that we provided.
You can claim a defect that appears in the digital content or in digital service, or
occurs during the term of the commitment or in the case of a one-off payment within
two years of making the content/service available.
If the digital content or digital content service is defective, you can request remedy of
the defect unless it is impossible or prohibitively expensive to do so.
We will remedy the defect within reasonable time after the defect is reported to us so
as not to cause you any significant inconvenience.
You may claim a reasonable discount or withdraw from the Contract if we fail to
remedy the defect within reasonable time or if a statement of ours or the
circumstances suggest that the defect will not be remedied within reasonable time or
without significant inconvenience to you, if the defect persists after the remedy or if
the defect constitutes a material breach of the Contract.
A reasonable discount according to the previous paragraph shall be determined as a
difference between the value of the digital content or digital content service without
defect and the defective digital content or digital content service that was provided to
you; if the digital content or digital content service is to be provided for a certain
period of time, the period of time during which it was provided defectively shall be
taken into account; the discount shall also be due to you in the event of withdrawal
from the Contract.
You may not withdraw from the Contract if the defect in the digital content or digital
content service is immaterial.
We will refund any sums we are obliged to refund to you due to defective performance
at our own expense without undue delay, but no later than within 14 days of the date
when you exercised the right based on defective performance, in the manner in which
the fee was paid to us unless you expressly authorise otherwise and unless you incur
additional costs.
17.16 Withdrawal. You may withdraw from the Contract by sending the signed withdrawal
form provided below to our address or via Questia if required by law or these Terms. In order
to comply with the withdrawal period, you must send a withdrawal notice to the address
below within the withdrawal period.
Addressee:
Uniqverse Pro s.r.o., Id. No: 02878658, with its registered office at Rybalkova 1433/14, Vinohrady, 120 00 Prague 2, Czech Republic
I hereby notify you that I am withdrawing from the contract for the provision of
Questia.
Name and
surname:
Address:
Signature:
Date:
17.17 Legal effects of withdrawal. The legal effects of withdrawal shall commence on the
date of receipt of the written notice of withdrawal from the Contract by the other Party.
Withdrawal from the Contract shall cancel the Contract upon receipt of the notice of
withdrawal by the other Party. After withdrawal, we may restrict your further use of Questia,
in particular by rendering it unavailable. If you withdraw from the Contract, we will refund all
the amounts paid by you without delay, within 14 days at the latest; this does not apply in the
event of withdrawal from the Contract the subject of which is the provision of services whose
performance we have started on the basis of your express request before the expiry of the
withdrawal period; in such a case, we are not obliged to refund the proportionate part of the
agreed price provided until the moment of withdrawal from the Contract.
18. Final provisions
18.1 Questions and support. If you have any comments or questions about any part of
Questia or any part of these Terms of Use, if you require support or have any claims, please
contact us at support@questia.cz.
18.2 Effect. This version of the Terms is effective as of 1 October 2025.