Quickie User Terms and Conditions
Welcome to Quickie. The following User Terms and Conditions (the "Terms") explain how you can use the Quickie mobile apps, websites (including getquickie.com), services and software (collectively "Quickie"), provided to you by Chatflow Ltd. ("we" or "us").
If you are using Quickie on behalf of a group or organization, you agree to these Terms on behalf of that group or organization and represent that you have the authority to do so (and in that case, "you" refers to that group or organization).
1. What is Quickie
Quickie is an application that let you communicate with other Quickie users by sending through sketches, instant messages, funny selfies and photos, audio messages and others.
When you add your phone number, you authorize Quickie to securely access your contacts. Quickie may securely store your phone number and password in order to provide you with the service.
We store your messages, securely and temporarily, on our servers, in order to let us give you fast access to the messages most important to you and provide you with access to the full Quickie functionalities.
Messages will be available for viewing for up to 24 hours, and will normally be deleted from our servers after read or after 24 hours. It is important to understand that messages might be deleted from our servers after a maximum of 48 hours. Quickie will not be liable for any messages deleted due to the passage of time.
2. User Obligations
By signing up to use Quickie, you agree to provide accurate information at all times, and assume responsibility for all activity taking place in your Quickie account, and for safeguarding any passwords that you use.
You can only use Quickie if you can form a legally binding contract with us under the laws that apply to you, according to wherever you are. You can use Quickie only in compliance with these Terms and all laws and regulations applicable to you.
We trust you to use Quickie and our services responsibly – and there are several specific and obvious things that you agree not to do:
Violate any applicable law in any way, or violate the privacy of others, or defame or disparage others.
Interfere with Quickie or the operation of the services, or disrupt any user, host, or network.
Try to access another user's account without explicit permission, or access your account using a method other than the interface and instructions provided by Quickie.
Copy, distribute, or disclose any part of Quickie by any medium, reverse engineer or attempt to extract the source code of Quickie software, or sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any property of Quickie.
Send a virus, overload, spam, or mail-bomb any part of Quickie, or plant malware or use Quickie to distribute malware.
Breach or circumvent any security or authentication measures, or probe, scan, or test any system or network for vulnerabilities.
Publish anything that is fraudulent, misleading, or infringes another's rights; or send deceptive or false source-identifying information, including "spoofing" and "phishing"; or impersonate or misrepresent your affiliation with any person or entity.
Send unsolicited communications, promotions or advertisements, or spam.
We may permanently or temporarily revoke or suspend your access to Quickie without notice and liability for any reason, including a violation of these Terms. These terms will continue to apply and bind you upon termination, for any reason or no reason.
3. Security and Privacy
, which explains exactly the measures we use when collecting and storing your information.
However, like any application or service provider, we can't guarantee that our security measures will never be defeated or breached by unauthorized third parties seeking to use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
4. Software and License
Use of the Quickie application requires you to download a client software package. To use Quickie you must have a compatible mobile device, and we can't guarantee that the application will work on your device.
Subject to your compliance with these Terms, we hereby give you a limited, non-exclusive, non-transferable, non-sub-licensable, freely revocable license to use Quickie and its application, for your personal and noncommercial use only. Your license is automatically revoked if you violate these Terms. From time to time, we may issue upgraded versions of the application. You agree that these Terms will apply to all such upgrades.
Any third-party code that may be incorporated in the application is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
5. Quickie's Content and Property
We retain our right, title and interest in Quickie and all its components, including, without limitation, patents, trademarks, service marks, copyrights, know how, software, text, design, graphics, logos and all intellectual property rights related to all of these (the "Quickie Rights"
We reserve all rights not expressly granted in these Terms in Quickie and the Quickie Rights. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or any other brand features. Use of Quickie Rights for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to give us feedback about Quickie, including ideas and improvements. We welcome and look forward to such submissions. By using Quickie, you agree that Quickie is free to use any such feedback (or a similar concept developed internally by Quickie or obtained from another source) or share it with others, at any time, and you will not be entitled to any compensation or recognition for Quickie's usage of your feedback.
6. Your Content and Property
By using Quickie, you allow Quickie to help manage your conversations by instant messaging, video chat or VOIP (voice over internet protocol) (including content, information, images and other attachments in those conversations) which you upload, submit, or transmit through Quickie ("User Data"
We don't gain any ownership in the User Data - you retain ownership of any intellectual property rights that you hold in the User Data. These Terms do not give us any rights to the contents of your conversations or intellectual property, except for the limited rights we need to provide Quickie to you, as explained in these Terms. You are and remain responsible and liable for anything you send, receive, copy, share, upload, download, attach or otherwise do while using Quickie, and you represent that you have all necessary rights to use the User Data on or through Quickie.
to understand exactly what information we may share with third parties, and how.
7. Copyright Infringement
You are responsible and liable for the User Data and anything you send, receive, copy, share, upload, download, attach or otherwise do while using Quickie. If we receive notices of alleged copyright infringement, we will respond according to the process set in the U.S. Digital Millennium Copyright Act. We reserve the right to suspend your account, delete or disable content alleged to be infringing, and terminate the account of a repeated infringer.
8. Representations and Warranties
While we make our best efforts to provide you with satisfactory services, we can't promise that there will never be problems. Quickie is provided to you on an "AS-IS" and "AS AVAILABLE" basis, to be used at your own risk and responsibility. To the maximum extent permitted by applicable law, Quickie is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, neither we nor our licensors warrant that the content is accurate, reliable or correct; that any defects or errors will be corrected; that Quickie or the software will be available at any particular time or location, uninterrupted or secure; or that Quickie or the software is free of viruses, malware or other harmful components. Any content downloaded or otherwise obtained through the use of Quickie is downloaded at your own risk and you will be responsible for any damage to your mobile device, cell phone or other system, or for any loss of data resulting from such download or use of Quickie.
9. Limitation of Liability
To the maximum extent permitted by law, in no event will we or our affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not we have been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amounts paid by you to us in order to use Quickie (if any) for the past three months. Some jurisdictions do not allow the types of limitations in this paragraph, so they may not apply to you.
You agree to defend, indemnify and hold harmless us and our affiliates, officers, employees, agents, suppliers or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to Quickie, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any of your User Data or anything that is submitted through your account; or (vi) any other party's access and use of Quickie with your username, password or other security code.
11. Changes and Modifications
We are constantly changing and improving Quickie and the services. We may add or remove features, and while we will attempt to give advance notice of any major changes, we may stop, suspend, change, or remove content from Quickie at any time at our discretion and without prior notice
We may, in our sole discretion, modify or update these Terms from time to time, so you should review this page periodically. When we change the Terms in a material manner, we will update the 'last modified' date at the bottom of this page. Your continued use of Quickie after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these or any future Terms, do not use or continue to access Quickie.
We may provide to you notifications, whether required by law or for marketing or other business related purposes, via email notice, written or hard copy notice, or through posting of such notice on our website, as determined in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms.
13. Governing Law and Arbitration
These Terms shall be governed by the laws of England, UK without giving effect to their conflict of law principles. You consent to the exclusive jurisdiction and venue of competent courts in London, UK for any dispute arising from or relating to these Terms or the Quickie services.
These Terms constitute the entire and exclusive agreement between you and us with respect to Quickie, and supersede and replace any other agreements, terms and conditions applicable to Quickie.
These Terms create no third party beneficiary rights.
Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
You may not assign any of your rights in these Terms, and any such attempt is void, but the Terms may be assigned by us without restriction. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void.
We and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Please contact us at firstname.lastname@example.org
for any questions regarding these Terms.
Last Modified: December 18, 2014
© Chatflow Ltd. 2014