Effective: September 17, 2020
These Terms may be amended or modified by us at any time, with or without notice, by posting the revised version or otherwise communicating it to you through the Services. Your continued use of any part of the Services constitutes acceptance to any such updated version. It is therefore essential that you consult these Terms at the time of accessing the Services, particularly in order to determine which provisions are in operation at that time, in case they have changed since the last time you used the Services or reviewed these Terms. Please refer to the “Effective Date” or “Last Updated” date at the beginning of this document when reviewing these Terms for updates.
We may offer access to certain services and features of the Services to you for a fee. In those situations, additional QuickChat terms or requirements may apply and those additional terms become part of your agreement with us. In the event of any conflict between such additional terms and these Terms, the additional terms control.
Accessing the Services and Creating an Account
If you have been invited to a chat created by your employer or another third party, that third party is QuickChat’s customer (“Customer”), and the Customer has entered into a separate agreement with QuickChat that provides the Customer with choices and control over the content transmitted or submitted by you through the Services (such as access rights, permissions, and retention). As between QuickChat and the Customer, you agree that it is solely Customer’s responsibility to (a) inform you of any relevant Customer policies regarding the Customer’s processing of your personal data; (b) obtain any rights, permissions or consents from you and any authorized users that are necessary for the lawful use of data, (c) ensure that the transfer and processing of Customer content transmitted or submitted through the Service is lawful, and (d) respond to any resolve any dispute with you relating to or based on content transmitted or submitted through use of the Services.
You may be required to provide information about yourself in order to register to access certain features of and utilize aspects of the Services (“User Account”). You must complete the registration process by providing us with current, complete and accurate information as prompted in the applicable registration form, and you must keep that information current. To create a User Account, you must at least 18 years of age or the age of majority in your state of residence at the time of registration. You must safeguard your password and otherwise supervise the use of your User Account. You understand and agree that you are responsible for your own use and the use of your User Account by anyone you allow to access it and will notify QuickChat immediately of any unauthorized use of your User Account. Your User Account is non-transferrable and may not be sold, combined or otherwise shared with any other person or business.
If you violate any of these Terms, we may terminate any or all of your User Accounts. If we terminate your User Account, you may not re-enroll or join under a new account unless we formally invite you.
If you commit fraud or falsify information in connection with your use of the Services or in under your User Account, your User Account may be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Services.
Your Permitted Uses
The Services are private property of QuickChat. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Service are the property of QuickChat or its third party licensors. Subject to the terms and conditions of these Terms, QuickChat grants you the non-transferable, nonexclusive, revocable, limited license to access and use the Services without any right to re-license, sublicense, distribute, assign or transfer such rights. QuickChat reserves all rights not expressly granted in these Terms. Your uses of the Services must be lawful and must comply with these Terms.
To the extent your conduct (as judged by us in our sole discretion) violates these Terms, we may limit your privileges on the Services and seek other remedies, which include, but are not limited to, terminating your User Account and use of the Services and retaining all fees paid to us by you for the Services. If you have been invited to use the Services by a Customer, your access to the Services may be terminated by the Customer or Us.
As a condition of your use of the Service, you agree that:
- You will not submit any purposely inaccurate information, commit fraud or falsify information in connection with your User Account;
- You will not make available content that you do not have the right to make available or otherwise that violates the copyright, trademark, service mark or other intellectual property rights of QuickChat or any third party in connection with your use of the Services;
- You will not distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations;
- You will not send deceptive or false source-identifying information, including “spoofing” or “phishing.”;
- You will not make available content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; and
- You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while you are using or accessing the Services.
- You will not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from or otherwise connected to our Services;
- You will not reverse engineer, decompile or modify Services, in whole or in part or otherwise use the Services or the information contained therein or results derived therefrom to develop any products or services that could be competitive with the Services;
- You will not tamper or interfere with the proper functioning of the Services or any part, page or area of the Services, including any manner that could damage, disable, overburden or impair the Services, or attempt to transmit any “virus,” “trojan horse” or other software destruction or disruption device;
- You will not attempt to scan or test the security or configuration of the Services or to breach security or authentication measures without proper authorization; and
- You will not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Services.
Availability of the Site
You agree that from time to time we may modify or remove the Services, including any features therein, for indefinite periods of time at any time, without notice to you. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. QuickChat reserves the right to terminate your User Account and/or to prevent you from using or accessing the Services at any time, for any reason and at QuickChat’s sole discretion. QuickChat retains the right to determine the content, appearance, design, functionality and all other aspects of the Services. We shall not be liable to you or any third party should we exercise this right.
Your use of the Services may be subject to the terms of your agreement with your mobile device manufacturer or your mobile device carrier. We do not warrant that the Services will be compatible with your mobile device or mobile device service.
User Content and Conduct
Nothing in these Terms requires us to monitor the Services or to modify or remove any materials or information. Although QuickChat is not responsible for any content sent or transmitted by any user (“User Content”), we reserve the right to delete any User Content or correct any errors, inaccuracies or omissions without prior notice. QuickChat is not responsible for your reliance on any User Content found on the Services. We do not claim any ownership rights in User Content. However, you grant to QuickChat a worldwide, royalty-free, sublicensable, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute your User Content for the limited purpose of providing the Services. You also agree that any other user of the Services may access, view, store, and reproduce your User Content for such user's personal use or otherwise in connection with use of the Services. All User Content is considered nonconfidential and public. Please do not submit any confidential or private information.
QuickChat makes no representations about the accuracy, reliability, completeness, or timeliness of the Services or information thereon. QuickChat is not responsible for the conduct, whether online or offline, of any person using the Services, including any person’s violation of these Terms. Although we make reasonable efforts to prevent tampering with the Services, we do not guarantee that our efforts will always be successful.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant QuickChat an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
Disclaimers and Limitation of Liability
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. QUICKCHAT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. QUICKCHAT DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND QUICKCHAT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUICKCHAT OR ANY OF ITS EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS, ANY FAILURE OF TELECOMMUNICATION PROVIDERS, LOSS OF DATA OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF QUICKCHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF QUICKCHAT FOR CLAIMS ARISING UNDER THESE TERMS EXCEED THE GREATER OF TWO HUNDRED AND FIFTY DOLLARS (US$250.00) OR THE AMOUNT YOU PAID FOR THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO SUCH CLAIM. YOU ACKNOWLEDGE THAT QUICKCHAT WOULD NOT PROVIDE ACCESS TO THE SITE IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THESE TERMS. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. QuickChat does not disclaim any warranty or other right that QuickChat is prohibited from disclaiming under applicable law.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify QuickChat and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “QuickChat Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party; (e) any effort by you to identify another user of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your financial indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Waiver and Severability
Failure by either party to exercise any of its rights under, or to enforce any provision of, these Terms will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.