Last updated: 24.06.2022
1 Welcome to Kahoot!’s Marketplace
Thank you for using the marketplace for content on Kahoot! (the “Marketplace“), developed and owned by Kahoot! ASA (“we“, “us” or “our“).
The Marketplace offers high-quality learning material (“Marketplace Content”) to Kahoot! users (“Users“), and allow the creators of Marketplace Content (“Verified Creators”) to monetize on selected content on Kahoot!.
These Terms and Conditions (the “Marketplace Terms“) apply to you as a Verfied Creator and your provision of Marketplace Content. Please note Kahoot!’s general Terms and Conditions (“Kahoot! T&Cs“) that apply to you in addition to these Marketplace Terms.
Users’ purchases of Marketplace Content are regulated entirely by Kahoot! T&Cs.
1.2 About the Marketplace Terms
These Marketplace Terms contain important information about your use of the Marketplace, our obligations as the provider of the Marketplace, as well as information about your rights and obligations. Please read these Marketplace Terms carefully.
By using the Marketplace, you acknowledge that you have read and understood the content of these Marketplace Terms and the documents referenced herein, and agree to be bound by them. The Marketplace Terms constitute a binding agreement between you as a Verified Creator and Kahoot!.
2 Verified creators
2.1 Onboarding to the Marketplace
In order to become a Verified Creator, you need to have a paid subscription plan with Kahoot!, and to be approved. For more details about how to become a Verified Creator, please see here [*].
2.2 Publication and promotion of the Marketplace Content
Marketplace Content is created and submitted to Marketplace online by you as a Verified Creator. Kahoot! reserves the right to review and approve all submitted Marketplace Content before it is published. Marketplace Content is made available to Users, for free, or against payment of a fee. You determine the fee for the specific Marketplace Content upon submission, in accordance with Clause 2.4 below.
As a Verified Creator, you shall adhere to the Kahoot! Acceptable Use Policy. All Marketplace Content shall comply with Kahoot!´s guidelines for content, including our Editorial Guidelines, as they apply from time to time.
You control the availability of your Marketplace Content and are free to remove it from the Marketplace at any time. Please note that even if you remove Marketplace Content, Users who have already purchased this Marketplace Content maintain access throughout their subscription period.
Kahoot! reserves the right to remove Marketplace Content that violates applicable laws, third party intellectual property rights, these Marketplace Terms or our Kahoot! T&Cs (including the applicable content guidelines). We will promote, market and highlight submitted Marketplace Content at our own discretion. No guarantees are given to you for the promotion of your Marketplace Content. You are free to promote your Marketplace Content on your own channels and platforms.
As part of the Marketplace Content submission process, you shall select a preferred price point for your Marketplace Content. The price points available to you will depend on the plan you have chosen to sign up for. Further information about price points per plan is available here [*].
2.4 Payout rates
As a Verified Creator, you will be entitled to the payout in accordance with your paid plan and user type, for each sale of Marketplace Content made to Users through the Marketplace. The applicable payout rates are listed here [*]. Kahoot! may change the payout rates without notice. For Marketplace Content that is already submitted to the Marketplace, new payout-rates will apply to future sales. Material changes to the payout rates will not be made without prior notice.
Kahoot! may choose to offer you a fixed one-time payment for selected Marketplace Content. If the amount is accepted, you give us a license and unlimited right to use the selected Marketplace Content for our own purposes, including making it part of other offerings such as the Kahoot!+ AccessPass, and to promote, sell or bundle such Marketplace Content with other offerings on different Kahoot! Group platforms, without any additional payout rights or further payment to you.
Such a license does not impact your right to payouts on individual sales via the Marketplace, or your access to use your Marketplace Content for your own purposes.
Kahoot! will facilitate payment of the payouts you have earned from the sale of Marketplace Content on a regular basis. All payments are managed by third party payment providers as decided by Kahoot! at any time. You must set up an account with a relevant payment provider in the Verified Creator onboarding process. You are responsible to ensure that your user information, including the information on the payment provider such as payout details and email, are correct and up to date. Please see here for more information about how we handle the distribution of payments and other relevant requirements.
2.6 Information related to your use of the Marketplace and Third Parties
2.7 Acceptable use and guidelines
By accepting these Marketplace Terms, you agree not to unlawfully use or exploit the Marketplace or any content therein.
You may not use the Marketplace or publish Marketplace Content:
- in violation of any local, national, federal, foreign, or international law;
- in violation of the content guidelines communicated by Kahoot! from time to time, as well as the Kahoot! Acceptable Use Policy;
- to harass or harm other individuals; or
- in a way that otherwise infringes the intellectual property rights of Kahoot! or other third parties.
You understand that by using the Marketplace in violation of the Marketplace Terms, we have the right to suspend or terminate your access to the Marketplace and to remove your Marketplace Content. Upon such a decision on suspension or termination, you have the right to complain to us via the contact information set out in Section 10 below.
3 Intellectual Property Rights
The Kahoot! Services (as defined in the general Kahoot! T&Cs), Marketplace and the Marketplace Content are the property of Kahoot! and Kahoot!´s content licensors, including you as a Verified Creator (as applicable). You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use your Marketplace Content in connection with the Marketplace and to make such Marketplace Content available to Users.
Except for the rights expressly granted to you in these Marketplace Terms, Kahoot! grants no right, title, or interest to you in the Marketplace or any of our content.
The Marketplace and its content are offered solely on an ‘as-is’ basis, and Section 11 of the general Kahoot! T&Cs (“Warranty and disclaimer”) shall apply in full.
As a Verified Creator, you are solely liable for the lawfulness and compliance of the Marketplace Content with third party rights and the applicable Kahoot! T&Cs, the Kahoot! Acceptable Use Policy and the applicable content guidelines.
To the maximum extent permitted by law, in no event will Kahoot!, our officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; or (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Kahoot! service, “Third Party Applications” (websites and services delivered by third parties that are integrated with the Kahoot! services in order to make certain features, content, products, and/or services available to you), or Third Party Application content, regardless of legal theory, without regard to whether Kahoot! has been made aware of the possibility of those damages, and even if a remedy fails of our essential purpose.
Kahoot!’s aggregate liability for all claims arising under or in connection with these Marketplace Terms shall be limited to the amounts paid by you to Kahoot! under these Marketplace Terms during the twelve months immediately preceding the last event giving rise to liability.
Nothing in these Marketplace Terms removes or limits Kahoot!’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence, and, if required by applicable law, gross negligence.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Kahoot! and Kahoot!’s parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against any claims and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) your breach of the Marketplace Terms; (2) any activity in that you or anyone using your account engages on or through the Marketplace; (3) any Marketplace Content infringing the rights of any third party and (4) your violation of any law or the rights of a third party. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Marketplace Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.
6 Verified Creator’s Representation and Warranties
You represent and warrant that: (i) your participation in the Marketplace will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share your Marketplace Content with us for our use and to sell such Marketplace Content to Users on the Marketplace, (iii) that the Marketplace Content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary rights, and (iv) your use of the Marketplace shall comply with any requirements set out by Kahoot! and our partners. You further represent and warrant that you have all sufficient rights and permissions to offer and provide the Marketplace Content.
Updates and changes to the Marketplace may occur from time to time. The Verified Creator hereby understands and accepts that Kahoot! are free to make changes and updates to the Marketplace if needed. Kahoot! reserve the right to change these Marketplace Terms from time to time.
8 Relation to the Kahoot! General T&Cs
These Marketplace Terms govern only specifically your use of the Marketplace as a Verified Creator. The Kahoot! T&Cs apply in addition. To the extent provisions in these Marketplace Terms conflict with the general Kahoot! T&Cs, these Marketplace Terms shall prevail.
9 Contact Us
If you have any questions or comments related to the Marketplace, the Marketplace Content, Marketplace Terms, or otherwise, feel free to contact us by using the contact information below:
Fridtjof Nansens Plass 7
Orgnr: 922 693 021