QUESTWORKS GAMES, LLCPLATFORM TERMS OF SERVICE

Effective Date: October 15, 2025

By checking the acceptance box during your onboarding process or by accessing or using any component of the QuestWorks Platform, you ("You," "User," or "Participant") enter into a binding legal agreement with QuestWorks Games, LLC ("QuestWorks") and agree to be bound by these Platform Terms of Service ("Terms").
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1. SCOPE AND APPLICABILITY OF TERMS

1.1. Platform Coverage

These Terms govern all access to and use of the QuestWorks Platform, including but not limited to QuestRooms, QuestBot, QuestDash, and related websites (collectively, the "Platform").

1.2. User Status and Legal Framework

These Terms apply to your use of the Platform under two distinct circumstances:

Trial User: You are using the Platform during an evaluation period before your employer or affiliated organization ("Your Organization") has executed a Master Subscription Agreement ("MSA") with QuestWorks. As a Trial User, QuestWorks is the "data controller" of your personal data.

Enterprise User: Your Organization has executed an MSA with QuestWorks. As an Enterprise User, Your Organization receives aggregated team performance data while QuestWorks processes your individual personal data pursuant to the MSA.

Important: Your legal status will automatically transition from Trial User to Enterprise User upon Your Organization's execution of an MSA, without requiring any further action or consent from you.

1.3. AI Interaction Recording and Consent Requirements

AI INTERACTION RECORDING NOTICE: Audio is captured and transcribed when you interact with the AI assistant during QuestRooms sessions. Recording and transcription occur only during active AI interactions, indicated by the "🎤 Listening..." notification.

WHAT WE DO:

• Record your speech during AI interactions
• Transcribe your words to text using speech-to-text technology
• Associate transcripts with your account (already identified via Slack authentication)
• Use transcripts to provide AI-driven feedback and coaching

WHAT WE DO NOT DO:

• We do NOT analyze voice characteristics to create voice signatures or "voiceprints"
• We do NOT use voice analysis to identify or verify your identity
• We do NOT create persistent voice profiles
• We do NOT continuously record entire sessions

MULTI-JURISDICTIONAL COMPLIANCE: If you are located in a two-party consent state (including California, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Nevada, New Hampshire, Pennsylvania, or Washington), you acknowledge that all participants must consent to audio capture. By proceeding, you warrant that you have obtained any required consents.

WITHDRAWAL RIGHTS: You may withdraw recording consent at any time, though this will terminate your access to QuestRooms features. Contact privacy@questworks.games to withdraw consent.

2. ELIGIBILITY AND ACCOUNT REQUIREMENTS

2.1. Age and Capacity

You must be at least 18 years of age and have the legal capacity to enter into binding agreements to use the Platform. The Platform is designed for professional workplace use only.

2.2. Account Authentication

Access to the Platform requires authentication through your Slack account. You are responsible for maintaining the security and confidentiality of your Slack account credentials.

2.3. Accurate Information

You agree to provide accurate, current, and complete information when creating your account and to update such information to keep it accurate, current, and complete.

3. ACCEPTABLE USE AND PROHIBITED CONDUCT

3.1. Permitted Uses

You may use the Platform solely for:

• Legitimate professional development and team-building activities
• Educational and training purposes authorized by Your Organization
• Collaborative skill development and workplace learning

3.2. Prohibited Actions

You are expressly prohibited from:

a. Technical Violations

• Reverse-engineering, decompiling, or disassembling the Platform or its AI systems
• Attempting to circumvent, disable, or interfere with security-related features or access controls
• Prompt-injecting or otherwise attempting to manipulate the Platform's AI systems to produce unauthorized outputs
• Introducing viruses, malware, trojan horses, or other malicious or harmful code

b. Misuse and Abuse

• Using the Platform for any unlawful purpose or in violation of applicable laws or regulations
• Engaging in harassment, bullying, discrimination, or threatening behavior toward any participant, facilitator, or QuestWorks employee
• Impersonating another person or entity or falsely representing your affiliation with any person or entity
• Sharing your account access credentials with unauthorized parties

c. Content Violations

• Uploading, transmitting, or sharing content that is illegal, harmful, offensive, discriminatory, or violates the rights of others
• Disclosing confidential or proprietary information of Your Organization or third parties
• Presenting or representing AI-generated outputs as official, human-vetted communications from Your Organization or QuestWorks

d. Data and Privacy Violations

• Attempting to access, collect, or harvest personal information of other users without consent
• Violating the privacy rights of other participants or facilitators
• Recording sessions outside of the Platform's built-in AI interaction recording functionality

3.3. Workplace Conduct and Confidentiality

You agree to:

• Treat all participants with respect and maintain a professional demeanor
• Maintain in strict confidence all personal information and proprietary business information shared by other participants during sessions ("Confidential Information")
• Respect the intellectual property rights of QuestWorks, Your Organization, and third parties

4. ARTIFICIAL INTELLIGENCE SYSTEMS AND LIMITATIONS

4.1. AI System Disclosure

The Platform incorporates artificial intelligence technologies, including machine learning, natural language processing, and generative AI systems ("AI Systems"). You acknowledge and understand the following limitations:

a. Content Accuracy and Reliability

AI-generated content, including scenarios, recommendations, feedback, and responses, may occasionally be inaccurate, contextually inappropriate, or inconsistent with intended outcomes. While QuestWorks implements safety measures and content filtering, AI Systems cannot guarantee perfect accuracy or appropriateness in all contexts.

b. Bias and Fairness Considerations

Despite ongoing testing and mitigation efforts, AI Systems may exhibit unexpected behavioral patterns or reflect biases that could impact different individuals or groups differently. QuestWorks continuously works to identify and address such issues.

c. Professional Development Purpose Only

AI-generated insights, recommendations, or feedback are intended solely for professional development and team-building purposes within the collaborative learning environment. They are not designed for, and must not be used for, performance evaluation, employment decisions, disciplinary actions, or individual assessment beyond collaborative skill development.

d. Third-Party AI System Limitations and Vendor Liability

QuestWorks integrates third-party AI systems (including OpenAI and others) that may independently generate content. QuestWorks cannot control or guarantee the accuracy, appropriateness, or bias-free nature of third-party AI outputs. Users acknowledge that AI vendors may be considered "agents" under employment discrimination laws and that QuestWorks' liability for third-party AI decisions is limited to gross negligence in system selection or implementation. QuestWorks specifically disclaims, and you acknowledge and agree, that QuestWorks has no responsibility for any results of your utilization of QuestWorks as it relates to the integration of third-party AI systems.

4.2. Human Oversight and Responsibility

You acknowledge that:

• AI Systems require appropriate human oversight and judgment
• Final decisions regarding professional development should involve human review
• You should not rely solely on AI-generated content for important workplace decisions
• You may discontinue participation in any AI-facilitated activity at any time

4.3. Reporting and Feedback

You are encouraged to report any concerning AI-generated content or unexpected system behavior to QuestWorks at support@questworks.games.

5. DATA COLLECTION, PROCESSING, AND YOUR RIGHTS

5.1. Data Collection Notice

By using the Platform, you consent to QuestWorks' collection and processing of:

• Your Slack ID, name, email address, and profile information
• Audio recordings and transcripts from AI interaction moments during QuestRooms activities
• Activity logs, participation metrics, and system interaction data
• Experience Points (XP), achievements, and progress tracking information
• Voluntary preferences and feedback you choose to provide

5.2. AI Interaction Recording

AUDIO IS CAPTURED AND TRANSCRIBED DURING AI INTERACTIONS WITHIN QUESTROOMS. Recording and transcription occur only when you actively engage with the AI assistant, indicated by the "🎤 Listening..." notification. This enables:

• AI-powered analysis and personalized feedback
• Quality assurance and service improvement
• Compliance with organizational training requirements

Important Clarification:

• We record and transcribe your words during AI interactions
• We use speech-to-text technology to convert audio to text
• We do NOT analyze voice characteristics to identify you
• Your identity is already known via Slack authentication
• We do NOT create voice signatures or voiceprints

5.3. Avatar Creation (Optional)

During onboarding, you may choose to consent to QuestWorks using your Slack profile picture to create an AI-generated artistic character avatar for display on the QuestDash dashboard. This feature is strictly optional and unchecked by default. You may withdraw your consent at any time.

Avatar Creation Process:

• We use your Slack profile picture as input to an AI image generator (ChatGPT)
• We create a cartoon-style representation
• We do NOT extract facial geometry or facial measurements
• We do NOT use facial recognition technology

5.4. Your Data Rights

Your rights regarding personal data processing depend on your user status:

For California Residents and EEA Individuals

You may submit data rights requests directly to QuestWorks at privacy@questworks.games, including requests to:

• Access your personal data
• Correct inaccurate information
• Delete your personal data (subject to legal and operational limitations)
• Port your data to another service

For Other Enterprise Users

Data rights requests should be submitted to privacy@questworks.games or through Your Organization as appropriate.

5.5. Data Portability

Your earned Experience Points (XP) and achievements are linked to your individual profile and may be portable if you join a new organization that uses QuestWorks. Organization-specific data, including reports and transcripts, belongs to that organization and is not portable.

6. ACCOMMODATIONS AND ACCESSIBILITY

6.1. ADA Accommodation Request Process

If you have a disability that may affect your ability to use the Platform or participate in AI-facilitated activities, you may request reasonable accommodations. Accommodations may include:

• Alternative participation formats
• Human review of AI-generated content
• Modified interaction methods
• Extended time for activities

6.2. Requesting Accommodations

To request an accommodation, contact us at accessibility@questworks.games. Requesting an accommodation will not negatively impact your participation or evaluation within the Platform.

6.3. Voluntary Participation

Your participation in all Platform activities is voluntary. You may:

• Discontinue participation in any session at any time
• Request alternative activities if AI-generated content causes discomfort
• Speak with Your Organization about alternative professional development options

7. INTELLECTUAL PROPERTY RIGHTS

7.1. QuestWorks Intellectual Property

The Platform and all related technology, including AI systems, algorithms, software, and documentation, are the exclusive property of QuestWorks and are protected by intellectual property laws. You are granted only the limited rights expressly set forth in these Terms.

7.2. Your Content

You retain ownership of content you create or input into the Platform. By using the Platform, you grant QuestWorks a limited license to use such content solely to provide the Platform services and as described in our Privacy Policy.

7.3. AI-Generated Content

Content generated by AI systems during your use of the Platform is not intended for external use and should not be represented as official communications from you, Your Organization, or QuestWorks.

7.4. Feedback and Suggestions

Any feedback, suggestions, or improvements you provide regarding the Platform may be used by QuestWorks without compensation or attribution.

8. PRIVACY AND DATA PROTECTION

8.1. Privacy Policy Integration

Your use of the Platform is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our data practices.

8.2. Cross-Border Data Transfers

You acknowledge that your personal data may be processed in countries outside of your residence, including the United States. QuestWorks implements appropriate safeguards for international data transfers as described in our Privacy Policy.

8.3. Third-Party Integrations

The Platform integrates with third-party services, including Slack, OpenAI, and others. Your use of these integrations is subject to the respective third parties' terms and privacy policies.

9. DISCLAIMERS AND ASSUMPTION OF RISK

9.1. AI System Disclaimers

YOU ACKNOWLEDGE AND AGREE THAT AI SYSTEMS ARE INHERENTLY UNPREDICTABLE AND MAY OCCASIONALLY GENERATE UNEXPECTED CONTENT. QuestWorks implements safety measures and content moderation, but cannot guarantee that all AI-generated content will be appropriate for every individual or situation.

9.2. Voluntary Participation and Assumption of Risk

YOUR PARTICIPATION IS STRICTLY VOLUNTARY. You may discontinue participation in any session or activity at any time for any reason. By participating, you acknowledge that:

• AI systems may occasionally generate content that could be surprising or uncomfortable
• Professional development activities may involve challenging scenarios or feedback
• You assume responsibility for your own professional development outcomes

9.3. No Employment or HR Significance

AI-GENERATED OUTPUTS HAVE NO OFFICIAL EMPLOYMENT OR HR SIGNIFICANCE. The Platform is designed for collaborative professional development and team-building only. Any insights, recommendations, or feedback should be considered within the context of collaborative learning activities.

9.4. Service Availability

QuestWorks strives to maintain Platform availability but does not guarantee uninterrupted or error-free service. The Platform may be unavailable due to maintenance, updates, or circumstances beyond QuestWorks' control.

10. LIMITATION OF LIABILITY AND RELEASE

10.1. Limited Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, QUESTWORKS' TOTAL LIABILITY ARISING FROM YOUR USE OF THE PLATFORM SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). This limitation applies regardless of the theory of liability and even if QuestWorks has been advised of the possibility of damages.

10.2. Excluded Damages

IN NO EVENT SHALL QUESTWORKS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM.

10.3. AI-Specific Limitations

QUESTWORKS IS NOT LIABLE FOR ANY CLAIMS RELATED TO AI-GENERATED CONTENT, ALGORITHMIC DECISIONS, OR AUTOMATED RECOMMENDATIONS, EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN THE SELECTION OF THIRD-PARTY AI SYSTEMS.

10.4. Release of Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE AND FOREVER DISCHARGE QUESTWORKS, ITS OFFICERS, EMPLOYEES, AGENTS, TECHNOLOGY PROVIDERS, AND AFFILIATES FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR VOLUNTARY PARTICIPATION IN AI-FACILITATED ACTIVITIES, EXCEPT IN CASES OF QUESTWORKS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

11. NO WARRANTY

Your use of the platform is at your own risk. QuestWorks makes no warranty as to the results of your access to and use of the Platform. QuestWorks is not responsible for any unintended consequences resulting from your use of the Platform.

12. TERMINATION

12.1. Termination by QuestWorks

QuestWorks may suspend or terminate your access to the Platform at any time for:

• Violation of these Terms
• Conduct harmful to other users or the Platform
• Legal or regulatory requirements
• Discontinuation of service to Your Organization

12.2. Termination by You

You may discontinue use of the Platform at any time. If you are an Enterprise User, your access may also be terminated by Your Organization.

12.3. Effect of Termination

Upon termination:

• Your access to the Platform will immediately cease
• Certain data may be retained as described in our Privacy Policy
• XP and achievements may remain portable for future use with QuestWorks
• These Terms will continue to apply to your prior use of the Platform

13. DISPUTE RESOLUTION

13.1. Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles.

13.2. Arbitration Agreement

MANDATORY ARBITRATION: Any dispute arising from these Terms or your use of the Platform shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) in Denver, Colorado, under AAA's applicable commercial arbitration rules.

IMPORTANT EXCEPTIONS: This arbitration provision does not apply to:

• Disputes involving sexual assault or harassment as defined by federal law
• Claims for equitable relief (including injunctive or declaratory relief)
• Intellectual property infringement disputes
• Claims that cannot be arbitrated under applicable law
• Employment discrimination claims where prohibited by state law
• Statutory rights that are non-waivable under applicable law

SEVERABILITY: If any portion of this arbitration provision is deemed invalid or unenforceable, the remainder shall remain in full force and effect, including any class action waiver provisions. If the class action waiver in Section 13.3 is found unenforceable, the arbitration agreement shall remain valid and enforceable for individual claims.

13.3. Class Action Waiver

YOU AGREE THAT ANY DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, whether in arbitration or court. This waiver applies separately from the arbitration provision and remains enforceable even if arbitration is unavailable or unenforceable. If this class action waiver is found unenforceable, it shall be severed and the remainder of these Terms shall remain in full force and effect.

EXCEPTIONS TO CLASS WAIVER: This waiver does not apply to:

• Disputes where class treatment is required by law and cannot be waived
• Public injunctive relief that benefits the general public
• Claims brought by government agencies on behalf of affected parties

13.4. Jurisdiction Fallback

If arbitration is unavailable or unenforceable, any court proceedings shall be brought exclusively in the state or federal courts located in Denver, Colorado, and you consent to the personal jurisdiction of such courts.

13.5. Small Claims Exception

Either party may pursue disputes in small claims court if the dispute qualifies and remains in small claims court.

14. GENERAL PROVISIONS

14.1. Entire Agreement

These Terms, together with our Privacy Policy and any applicable MSA, constitute the entire agreement between you and QuestWorks regarding your use of the Platform.

14.2. Modifications and Legal Adaptability

QuestWorks reserves the right to modify these Terms at any time. Material changes will be communicated via email or Platform notification. Regardless of whether you receive such communications, your continued use of the Platform after such changes constitutes acceptance of the modified Terms.

LEGAL ADAPTABILITY CLAUSE: If future legislation (including but not limited to the FAIR Act or similar state laws) prohibits or restricts arbitration clauses or class action waivers in our service category, the affected provisions shall automatically conform to the minimum extent required by law, while preserving maximum enforceability of remaining Terms.

JURISDICTION-SPECIFIC MODIFICATIONS: Where state or local laws require different terms (such as stronger recording consent requirements or consumer protections), those jurisdiction-specific requirements automatically apply to users in those locations without affecting the validity of Terms for other users.

14.3. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.4. Force Majeure

QuestWorks is not liable for any failure to perform due to circumstances beyond its reasonable control, including natural disasters, government actions, or network failures.

14.5. Contact Information

For questions about these Terms, please contact us at:

• Email: asa@questworks.games
• Mail: QuestWorks Games, LLC, 3745 Canfield St, Unit 304, Boulder, CO 80301

14.6. Effective Date and Updates

These Terms are effective as of the date first set forth above. QuestWorks will provide notice of material changes as required by law.

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By accepting these Terms, you acknowledge that you have read, understood, and agree to be bound by these Platform Terms of Service.

Last Updated: October 15, 2025

Version: 3.0

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