End User License Agreement (EULA) for Level Up Questioning

Last Updated: 11-12-2025

This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you (either an individual or a single entity, "You" or "User") and Kupa Creations ("Licensor," "We," "Us," or "Our") for the software application "Level Up Questioning" ("App"), including any associated media, printed materials, and "online" or electronic documentation.

By installing, copying, accessing, or otherwise using the App, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the App.

1. ACKNOWLEDGEMENT

This Agreement is concluded between Kupa Creations and the User. You also acknowledge that this EULA is concluded between You and Kupa Creations only, and not with Apple Inc. or Google, Inc. (or their subsidiaries), and Kupa Creations, not Apple or Google, is solely responsible for the App and the content thereof.

2. LICENSE GRANT

Subject to your compliance with the terms of this Agreement, Kupa Creations grants you a personal, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal or internal business purposes on any compatible devices that you personally own or control, or that are distributed to you by your organization. The App may offer different tiers of service, including a free mode and paid subscription modes. Your access to certain features may be dependent on your subscription status. Use of any paid features is contingent upon timely payment of applicable subscription fees.

3. RESTRICTIONS ON USE

You agree not to, and you will not permit others to:

a) Copy, modify, duplicate, or create derivative works from the App;
b) Distribute, sell, rent, lease, lend, or sublicense the App to any third party;
c) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the App;
d) Use the App to build a competing product or service;
e) Use the App for any illegal, malicious, or unauthorized purpose;
f) Remove, obscure, or alter any copyright, trademark, or other proprietary notices affixed to or contained within the App.

4. RESTRICTION: PROHIBITION OF STUDENT DATA

This App is intended for teacher productivity. You expressly agree that you will NOT enter, upload, store, or transmit any personally identifiable information (PII) of any student or minor into the App.

This includes, but is not limited to, student names, addresses, social security numbers, student ID numbers, grades, health information, or any other data that could be used to identify an individual student. You are solely responsible for ensuring that all data you enter into the App is anonymized and compliant with all applicable laws, such as the Family Educational Rights and Privacy Act (FERPA) and the Children's Online Privacy Protection Act (COPPA).

Kupa Creations is not responsible for any data you enter into the App, and any breach of this clause will be considered a material breach of this EULA, resulting in immediate termination of your license.

5. PRIVACY AND DATA

Kupa Creations is committed to protecting your privacy. Our Privacy Policy describes how we collect, use, and share information. The App collects anonymous usage metrics for the purpose of improving the App, as well as personal profile details (such as username, password, first name, last name, email address, and security questions) required for account creation and management.

The App includes a feature that allows you to capture images to extract text for question generation. You expressly acknowledge and agree that: (a) all images captured via the App remain on your device and are never transmitted to Kupa Creations or any third party; (b) all images are stored locally on your device; and (c) in the event of a text parsing error, anonymized text snippets (which will not include the original image) may be sent to Kupa Creations for analytics and product improvement purposes.

By using the App, you acknowledge and agree that you have read, understood, and consented to our Privacy Policy, which is hereby incorporated into and made a part of this Agreement.

6. INTELLECTUAL PROPERTY

You acknowledge that the App is licensed, not sold, to you. Kupa Creations reserves and retains all right, title, and interest in and to the App, including all copyrights, patents, trademarks, trade secrets, and other intellectual property rights therein.

7. THIRD-PARTY COMPONENTS

The App may utilize or include third-party software or services that are subject to their own license terms (e.g., MIT or other open-source licenses). This EULA does not alter any rights or obligations you may have under those third-party licenses.

8. SUBSCRIPTION AND TERMINATION

Access to paid features is contingent upon an active and paid subscription. Failure to maintain your subscription will result in the termination or suspension of your access to such paid features, and your license may be reverted to a free-tier, if one is available.

Kupa Creations reserves the right to terminate this EULA and your license to use the App at any time, with or without cause, in its sole discretion.

This EULA will terminate immediately, without prior notice from Kupa Creations, if you fail to comply with any provision of this Agreement.

Upon termination, you shall cease all use of the App, and destroy all copies, full or partial, of the App in your possession or control. You will no longer have access to any data or functionality, including any data you entered or obtained during its use.

9. WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS-IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. KUPA CREATIONS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

KUPA CREATIONS DOES NOT WARRANT THAT THE APP WILL MEET YOUR EDUCATIONAL REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE APP AND ANY RELIANCE ON ITS CONTENT OR FUNCTIONALITY. KUPA CREATIONS IS NOT RESPONSIBLE OR LIABLE FOR ANY NEGATIVE ACADEMIC OUTCOMES, INCLUDING BUT NOT LIMITED TO, DEGRADATION OF LEARNING, LOWER GRADES, OR ANY LOST INSTRUCTIONAL TIME, EVEN IF SUCH ISSUES ARISE FROM THE APP BEING INACCURATE, UNAVAILABLE, OR NOT FUNCTIONING CORRECTLY.

DISCLAIMER REGARDING AI-GENERATED CONTENT: THE APP UTILIZES ARTIFICIAL INTELLIGENCE (AI) AND LARGE LANGUAGE MODELS (LLMS) TO GENERATE TEXT AND OTHER CONTENT. KUPA CREATIONS DOES NOT CONTROL THE OUTPUT OF THESE MODELS. YOU ACKNOWLEDGE THAT AI-GENERATED CONTENT MAY CONTAIN ERRORS, INACCURACIES, BIASED INFORMATION, OR OFFENSIVE MATERIAL. KUPA CREATIONS MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, APPROPRIATENESS, OR QUALITY OF ANY CONTENT GENERATED BY THE AI. YOU FURTHER ACKNOWLEDGE THAT THE AI GENERATES QUESTIONS BASED SOLELY ON THE TEXT INPUT PROVIDED BY YOU, WITHOUT INDEPENDENT JUDGMENT OF THE TEXT'S SUITABILITY, SAFETY, OR AGE-APPROPRIATENESS FOR ANY PARTICULAR AUDIENCE OR EDUCATIONAL CONTEXT. YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT YOU PROVIDE TO THE APP AND FOR REVIEWING, EDITING, AND APPROVING ANY AI-GENERATED QUESTIONS OR CONTENT BEFORE USING THEM, ESPECIALLY WITH STUDENTS. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF OR RELIANCE ON SUCH CONTENT, AND KUPA CREATIONS DISCLAIMS ALL LIABILITY FOR ANY HARM OR DAMAGES ARISING FROM OR RELATED TO AI-GENERATED CONTENT.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KUPA CREATIONS BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE APP (INCLUDING, WITHOUT LIMITATION, RELIANCE ON ANY AI-GENERATED CONTENT, OR THE CONTENT USED AS INPUT FOR THE AI), HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF KUPA CREATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL KUPA CREATIONS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00) OR THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO KUPA CREATIONS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, WHICHEVER IS GREATER.

11. GOVERNING LAW

This EULA and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.

12. MODIFICATIONS

Kupa Creations reserves the right, in its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect. By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms.

13. CONTACT INFORMATION

If you have any questions about this EULA, please contact us at: dev@kupacreations.com