Terms of Service — DolphinQuiz Education Trial-Class Sales Funnel Tool

Welcome to DolphinQuiz (the "Service"). The Service is created and operated by the individual developer Chen Huiting ("CHT", "we", "us" or "me"), providing an education trial-class sales funnel management tool and related services through dolphinquiz.com. These Terms of Service (the "Terms") govern your access to and use of the Service.

By creating an account, subscribing to a plan, or otherwise using the Service, you represent that you: (a) are at least 18 years of age; (b) have read, understood, and agree to be bound by these Terms; (c) agree to our Privacy Policy, published at https://dolphinquiz.com/privacy; and (d) have the authority to bind yourself or the organization you represent.

Important: If you do not agree to these Terms, do not use the Service. The effect of updates to these Terms is governed by Section 15.1.

CHT provides the Service as an individual developer and is not a registered company or legal entity. The Service is operated by an individual based in the Hong Kong Special Administrative Region of China, with website hosting, application servers, and data processing facilities located outside the mainland territory of the People's Republic of China.

The Service is not actively marketed to or operated for the mainland China market. Users located in mainland China who access or use the Service must independently ensure that such access and use complies with applicable local laws (including regulations on internet information services), and shall bear any liability arising from violation of their local laws.

You acknowledge and are aware of CHT's status as an individual developer. You agree not to claim that these Terms are void or unenforceable solely because CHT is not a registered company.

CHT provides an education trial-class sales funnel management platform that helps education institutions optimize trial-class customer acquisition, conversion tracking, and sales follow-up processes. The Service is a digital Software-as-a-Service (SaaS) product delivered over the internet.

The Service is a digital, intangible product. Access to the Service is granted immediately upon confirmation of payment. Due to the instant-delivery nature of digital services, refunds are subject to specific limitations as set out in Section 7.

Using the Service requires creating an account with accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

If you become aware of any unauthorized use, contact huiting.chen@outlook.com immediately. Do not share your login credentials with any third party. Please keep the billing email address on your account valid at all times.

If you register on behalf of a company or organization, you represent that you are authorized to bind that entity to these Terms.

We offer several subscription plans to meet the needs of education institutions of different sizes. Current plan details and pricing are available at https://dolphinquiz.com/pricing. Plans differ mainly in the number of quizzes/funnels, lead capacity, analytics dimensions, and reporting services.

Free: for individuals to experience core features. Includes a limited number of sales funnel/quiz projects, a daily inquiry limit, a monthly lead cap, a cap on alert services, and a basic data retention period.

Pro: for small and medium teams' daily use, with larger quotas. Includes more funnel/quiz projects, higher lead capacity, and multi-dimensional analytics (customer visits, key topics, peak visit times, and sales manager performance, with visualized reporting), periodic analytical reports, alert services, and technical support.

Max: for large teams and high-volume scenarios, with the highest quotas. Includes the maximum number of funnel/quiz projects, the highest lead capacity, full analytics services, periodic analytical reports, alert services, and priority technical support.

(Detailed quotas and prices for each plan are subject to the latest information published at https://dolphinquiz.com/pricing.)

We reserve the right to modify plan features or quotas, or to introduce new plans, at any time. Price changes are governed by Section 5.1. If a change materially and adversely affects your current plan, we will notify you by email at least 30 days in advance.

By providing a payment method and subscribing to a paid plan, you expressly authorize CHT to charge the applicable subscription fees to your payment method on a recurring basis. This recurring authorization remains in effect until you cancel the subscription in accordance with Section 6.

Your subscription renews automatically at the end of each billing cycle unless you cancel. For both monthly and annual subscriptions, we will draw your attention in a prominent manner (by email and/or in-app notification) before each renewal date, so that you may decide whether to renew.

All payments are processed by the payment processor Waffo Pancake. Waffo Pancake states that it is PCI-DSS compliant as a payment processor (its certification status is subject to Waffo Pancake's official disclosure), and its qualifications and scope of processing are governed by its agreement with you and its published terms. You agree to complete all subscription payments through Waffo Pancake.

Unless otherwise stated, all listed prices are exclusive of applicable taxes (including VAT, GST, and sales tax). Applicable taxes shall be declared and borne by you.

At checkout you must expressly confirm acceptance of the automatic renewal terms through a separate checkbox or equivalent action; that confirmation forms part of the authorization in Section 5.1. You confirm that you have read and understood that, unless cancelled in advance, your subscription will renew automatically at each billing cycle. During the term of the Service you may cancel your subscription at any time conveniently through account settings or by email, without unreasonable charges.

If a credit card chargeback occurs, we will cooperate with the dispute process of the payment processor. If a chargeback is upheld through the dispute process, the corresponding order shall be deemed cancelled, and we may deduct from any refund due or future fees the handling fees charged by the payment processor for the dispute and any currency conversion losses.

Refunds are issued through the original payment method; the time of crediting depends on your payment service provider (typically 5–10 business days). Delays attributable to the payment processor shall not be deemed a breach by us.

You may cancel your subscription at any time through either of the following channels:

• Online (recommended): Account Settings → Subscription → Cancel Subscription.
• Email: Send a cancellation request from your registered email to huiting.chen@outlook.com. We will contact you promptly and send a confirmation email.

Your subscription remains valid until the end of the current billing cycle. No further charges will be made for subsequent cycles. Account data is retained for 90 days after cancellation and is then deleted or anonymized in accordance with the Privacy Policy.

Due to the instant-delivery, intangible nature of our digital service, subscription fees are in principle non-refundable, except in the following circumstances.

• 7-day guarantee for new subscribers: first-time subscribers may request a full refund within 7 days of the initial charge, provided usage has not exceeded 20% of the maximum number of leads included in the plan.
• Duplicate charges: a full refund will be issued for duplicate charges caused by billing errors.
• Verified service outage (exceeding 72 hours): prolonged outages attributable to us entitle you to a pro-rata refund or extension.
• Statutory rights: where applicable law grants you a right of withdrawal or refund (e.g., the 14-day cooling-off period in the EU/UK), those rights are preserved.

Send refund requests to huiting.chen@outlook.com with your account email, transaction ID, and reason for the refund. We will acknowledge within 2 business days and refund through the original payment method within 5–10 business days.

Subscription fees for cycles already used (except under Section 7.2); refund requests for annual subscriptions made more than 30 days after the initial purchase; accounts closed for violation of these Terms or the Acceptable Use Policy.

The Service's interface, copy, icons, logo, brand names, proprietary components not published in the public repository, database structures, documentation, and other proprietary elements are owned by CHT. The DolphinQuiz name and logo are not currently registered as trademarks in all jurisdictions; CHT reserves all rights of prior use and the right to apply for registration.

While these Terms remain in effect, CHT grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service solely in accordance with these Terms. You acquire only the usage rights expressly granted herein and acquire no ownership of the Service.

With respect to Service content other than the public repository code (see Section 9.5), you shall not:

• reverse engineer, decompile, disassemble, extract source code, or otherwise attempt to derive its underlying technology or algorithms;
• copy, modify, adapt, or translate any part of such content;
• create or distribute derivative versions of such content;
• exploit the Service in any manner not expressly authorized by these Terms.

You retain ownership of all data you submit, store, or process through the Service (including your customer information, sales scripts, and course materials). You grant CHT a limited, non-exclusive license solely to the extent necessary to provide the Service to you (such as data storage, backup, and analytics display). We will not use your data for any other purpose without your explicit consent.

Part of the Service's source code is published in a public repository under the GNU Affero General Public License version 3 (AGPL-3.0); use, modification, and distribution of that code (including source code availability obligations) are governed by AGPL-3.0. The Service's online running version, proprietary components not published in the public repository, interface design, and the Service itself are governed by this intellectual property section. If these Terms conflict with AGPL-3.0 with respect to the public repository code, AGPL-3.0 prevails for that code.

You may use the Service only for lawful purposes consistent with these Terms, including sales management, customer follow-up, and data analysis activities of education institutions.

You agree not to use the Service:

• to generate, store, transmit, or display any unlawful, defamatory, harassing, fraudulent, obscene, pornographic, or violent content;
• to infringe any third party's intellectual property, privacy, likeness, or other lawful rights;
• to circumvent or interfere with the Service's security features, technical limits, or access controls;
• to resell, sublicense, or transfer access to the Service without prior written approval;
• in any manner that may impair, disable, overburden, or damage the Service;
• in violation of any applicable law, regulation, industry code, or payment card network rules;
• to engage in any fraudulent activity, including registering under false identities or conducting fraudulent transactions.

As the Service is designed for education trial-class sales scenarios, you expressly agree:

• You bear full legal responsibility for trial-class invitations, sales scripts, and customer communications managed, sent, or displayed through the Service.
• You must ensure all marketing activities conducted through the Service comply with the applicable laws and regulations on education advertising, consumer protection, and data privacy in your jurisdiction.
• You shall not use the Service to induce purchasing decisions by minors (under 18 years of age), or to collect minors' personal information without the consent of their legal guardians.
• You represent and warrant that the courses or services you promote and sell through the Service are genuine and lawful, and that you have obtained all necessary licenses, qualifications, or authorizations to offer them.

Your use of the Service is governed by our Privacy Policy, published at https://dolphinquiz.com/privacy. The Privacy Policy also applies to quiz respondents (Guests) who submit information through your quizzes; see Section 1 of the Privacy Policy.

Payment card data is handled exclusively by the payment processor Waffo Pancake and is not stored on our servers.

After account deletion or subscription cancellation, account data is deleted or anonymized within 90 days; detailed retention and deletion rules are set out in Section 7 of the Privacy Policy.

We take commercially reasonable security measures to protect your data. However, no security system is impenetrable. We are not liable for data breaches, loss, or damage caused by force majeure, third-party service failures, or your own fault; in other circumstances, data liability is subject to the liability cap in Section 12.4.

You are solely responsible for obtaining all necessary consents and complying with all applicable data protection laws with respect to any personal data of third parties (including your customers) that you collect or process through the Service.

• (1) As an independent controller, you are responsible for the personal information of quiz respondents (including lead lists) collected through your quizzes, warrant that the collection and processing have a lawful basis, and that you have fulfilled your information and consent obligations toward respondents (including placing a link to a privacy notice at the start of the quiz or on the information-entry page).
• (2) As a processor, we process respondent information only on your instructions, for the purpose of providing, maintaining, and improving the quiz service; we will not use it for our own marketing or sell it to any third party.
• (3) Where a quiz involves collecting information of minors below the applicable digital age of consent in the relevant jurisdiction, you must ensure that consent has been obtained from their parents or guardians.
• (4) Upon discovering a security incident involving respondent data, we will notify you within 72 hours and assist you in fulfilling your notification obligations toward respondents.
• (5) This section constitutes the baseline arrangement between the parties for the processing of respondent data; once the business reaches a certain scale, the parties may enter into a full data processing agreement (DPA).

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, security, accuracy, reliability, or non-infringement.

The Service is a sales management tool intended to assist you in optimizing trial-class sales processes. We do not guarantee that use of the Service will produce any particular business results, including but not limited to trial-class booking rates, conversion rates, customer acquisition volumes, or revenue growth. All business decisions are made by you at your own risk.

The Service is provided by an individual developer in a personal capacity and does not constitute any commercial warranty or professional service warranty. You understand and agree that use of the Service is entirely at your own risk. CHT does not warrant that the Service will meet your specific requirements, or that it will be uninterrupted, timely, secure, or error-free.

To the maximum extent permitted by applicable law, CHT shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, goodwill, or third-party claims. Our aggregate liability, whether in contract, tort (including negligence), or any other legal theory:

• (a) for paid users, is capped at the total fees actually paid by you to us in the 12 months preceding the event giving rise to the claim;
• (b) for free users, is capped at USD 50.

Nothing in this section excludes or limits liability that cannot be excluded or limited under applicable law.

You represent and warrant that the user groups targeted by the education trial classes you manage through the Service and your own business operations comply with all applicable laws, regulations, and industry regulatory requirements in your jurisdiction. You must independently ensure that your business operations have obtained all necessary licenses, qualifications, or authorizations. Any claims, penalties, or losses arising from your failure to obtain the necessary qualifications or your violation of applicable laws shall be borne by you.

To the maximum extent permitted by applicable law, CHT shall not be liable for: (a) loss or corruption of data caused by force majeure, third-party service failures, or your own fault; (b) loss of profits, revenue, goodwill, or anticipated savings; (c) losses from business interruption other than as agreed in Section 7.2; (d) third-party claims. This section does not affect the refund or extension obligations expressly committed by us under Section 7.2 (service outage compensation), nor does it exclude liability that cannot be excluded under applicable law.

These Terms are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict-of-laws rules. These Terms do not affect the non-excludable rights you enjoy under the mandatory consumer protection and data protection laws of your habitual residence.

• (1) Friendly negotiation: The parties shall first attempt to resolve any dispute arising out of or in connection with these Terms through friendly negotiation. Either party may request negotiation by written notice; the negotiation period is 30 days from the date of the notice.
• (2) Small-claims court channel: If negotiation fails and the amount in dispute is less than USD 5,000, either party may bring proceedings before a court of competent jurisdiction.
• (3) Arbitration: All other disputes not resolved through negotiation shall be referred to the Hong Kong International Arbitration Centre (HKIAC) and resolved by arbitration under the HKIAC Administered Arbitration Rules in force at the time of the notice of arbitration. Seat of arbitration: Hong Kong; tribunal: a sole arbitrator appointed by the HKIAC Council; language of arbitration: Chinese (unless otherwise agreed by the parties). The award is final and binding on the parties and may be enforced in any court of competent jurisdiction.

Notices related to these Terms are validly served if sent by email to your registered email address or to the email addresses stated in these Terms.

We may update these Terms from time to time. Materially adverse changes will be notified to you by email and/or in-app notification at least 14 days before taking effect; if you do not object before the effective date and continue to use the Service, you are deemed to have accepted the revisions; if you disagree, you may cancel your account at any time and receive a pro-rata refund of the unused prepaid portion. Non-material changes (such as typographical corrections, clarifications, or descriptions of new features) take effect immediately, with a version history published on the website.

If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

These Terms, the Privacy Policy, and — with respect to the public repository code — the text of the GNU Affero General Public License version 3 (AGPL-3.0) together constitute the entire agreement between you and CHT, superseding all prior oral or written communications, representations, or agreements.

These Terms are provided in both Chinese and English versions. In case of any discrepancy between the two versions, the English version shall prevail.

We are not liable for any delay or failure to perform obligations caused by events beyond our reasonable control (including but not limited to natural disasters, war, terrorism, strikes, epidemics, government action, internet infrastructure failures, third-party service provider outages, and cyberattacks). The affected party shall notify the other party within a reasonable time after the event occurs.

Our failure or delay in exercising any right under these Terms does not constitute a waiver of that right or affect its future exercise.

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign these Terms upon notice to you.