Terms of Service
Effective Date: 11/6/2020
PLEASE READ THE AGREEMENT CAREFULLY BEFORE USING THE SERVICE. YOUR USE OF THE SERVICES IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SERVICES.
IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE.
The Services are licensed, not sold. The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable right and license to use the Services for your private, personal, non-commercial use on hardware devices that you personally own, subject to all the terms and conditions in these Terms of Service. The Services are being licensed to you and you hereby acknowledge that no title or ownership in the Services is being transferred or assigned and these Terms are not to be construed as a sale of any rights in the Services. Quantizy reserves all rights not expressly granted hereunder.
2. Restrictions of Use
3. Copyright and Intellectual Property
The term Quantizy, the Quantizy logo, and other Company branded trademarks, images, features, or products featured in the Services are owned by Quantizy LLC exclusively and you may not use or display such trademarks in any manner without our prior written permission. Any third party branded trademarks or service marks displayed on the Services are the property of their respective owners.
Our Services are also protected under international copyright laws. The copying, redistribution, use, or publication by you of any portion of our Services is strictly prohibited without our prior written permission. You acknowledge that no title to the intellectual property in the Services is transferred to you. You further acknowledge that title and full ownership rights to the Services will remain the exclusive property of Quantizy, and you will not acquire any rights to the Services. You shall not remove or obscure the Company’s copyright, trademark or other proprietary notices from any of the materials contained in the Services.
4. Disclaimer of Warranty
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND.
We disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We do not warrant that the functions contained in the Services will meet your requirements as to quality or performance or that the operation of the Services will be error-free. In no event shall we be liable to you for any decision made or action taken in reliance on any content available through the Services. The Services, such as they are, are provided to you at your own risk.
5. Medical Disclaimer
The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen in this Services. If you think you may have an emergency, call your doctor, go to the emergency department, or call emergency immediately. Reliance on any information provided by Quantizy or our employees is solely at your own risk.
6. Limitation of Liability
To the fullest extent permissible by law, in no event will the Company be liable to you for any indirect, incidental, special, consequential or punitive damages (including but not limited to damages for loss of profits, goodwill, or any other tangible or intangible loss or personal injuries, or property damage) arising from or resulting from any causes of action related to these Terms or the Services such as your access to or use of, or your inability to access or use, the Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory.
This limitation of liability shall not be applied solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This Agreement gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction. In no event shall the Company’ liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Services.
You agree to indemnify, defend and hold the Company harmless from and against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of the Services, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Services.
8. Applicable Law; Jurisdiction; and Dispute Resolution
Base of Operations
These Services are controlled and operated by the Company from its offices within the Commonwealth of Virginia in the United States of America. Company makes no representation that materials in the service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in violation of U.S. export law or regulation.
Jurisdiction and Applicable Law
Except to the extent applicable law, if any, provides otherwise, these Terms, any access to or use of our Services will be governed by the laws of the Commonwealth of Virginia in the United States of America, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located therein.
For any problem or dispute that you may have with the Company, you acknowledge and agree that you will first give the Company an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: email@example.com. You agree to then negotiate with the Company in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after the Company’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that, except as otherwise explicitly set forth herein, all claims, controversies, and disputes arising out of or relating to these Terms or the Services which are not resolved by negotiation between the parties shall be submitted to binding arbitration in Orange County, California, before a single arbitrator in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service (JAMS, https://www.jamsadr.com). The arbitration will be commenced as an individual arbitration, and will in no event be commenced as a class arbitration. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because our Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Notwithstanding the foregoing, the following claims, actions, and disputes will not be subject to arbitration and may be brought in permitted state and federal courts: actions by the Company seeking injunctive relief or specific performance; actions regarding the applicability of, enforcement of, or recovery of losses or damages pursuant to any indemnification obligation; claims regarding intellectual property rights. To the extent any claim is permitted outside of arbitration, the exclusive jurisdiction of any such claim or dispute shall be the appropriate state or federal court in the Commonwealth of Virginia. Each party hereby irrevocably waives any right to a trial by jury in connection herewith.
You have a right to opt-out of this arbitration agreement. if you do not agree to this mandatory arbitration provision with regard to any particular interaction with the site or the service, then within thirty (30) days from the date of such interaction, you may opt-out of this part of the agreement by sending an email to firstname.lastname@example.org. any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these terms.
Time Limitation on Claims
In no event shall any claim, action or proceeding by you related in any way to the Service or this Agreement be instituted more than one (1) year after the cause of action arose.
Class Action Waiver
Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and the Company specifically agree to do so following initiation of the arbitration.
9. Subscriptions and Payment
Quantizy users may access and pay for the Services in the following ways:
A Beta Account grants you unrestricted access to our Services for a limited time, is granted on an invite-only basis at the company’s sole discretion, and may be revoked at any time at the company’s sole discretion. No payment is required for the Beta Account membership.
Free Trial Account
Your subscription to our Services may start with a Free Trial Account, which is a free-of-charge membership that grants unlimited access to the Services for a limited time. The free trial period of your subscription lasts for the amount of time specified during sign-up.We will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription and your subscription will automatically renew unless you cancel prior to the end of the free trial period.
You can become a subscriber to the Paid Account membership which grants unrestricted access to our Services for a recurring subscription fee by purchasing a subscription through the the Google Play or Apple App Store, or by signing up for a Free Trial Account and continuing to use the Services past the free trial period, also conducted through the Google Play or Apple App Store. Your subscription will continue for the specified time-period (monthly or annual) and automatically renew unless and until you cancel your subscription or we terminate it.
WE RESERVE THE RIGHT TO ADJUST PRICING FOR THE PAID ACCOUNT MEMBERSHIP OR ANY COMPONENTS THEREOF IN ANY MANNER AND AT ANY TIME AS WE MAY DETERMINE IN OUR SOLE AND ABSOLUTE DISCRETION.
10. Renewals; Cancellations; Refunds
Quantizy offers monthly and annual subscription options, which are managed by the Google Play and Apple App Store depending on which device you use to sign up for an account. For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days, and a year constitutes 365 calendar days. A monthly subscription is paid in monthly installments. The monthly renewal subscription fees will continue to be billed to the payment method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fee to the payment method you provided. A yearly subscription is paid for by an upfront one-off payment with automatic annual renewals. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the payment method you provided.
Your subscription will automatically renew for the same subscription period unless you cancel the account by the end of the then-current subscription period. If you signed up through the Google Play or Apple App Store, you may cancel your Paid Account by downgrading through the corresponding store. The cancellation of a Paid Account will go into effect at the end of your current billing cycle. Otherwise, you can cancel your account at any time by contacting customer service at email@example.com. Please note that after you cancel your account, you may not be able to use or access the Services and you will not be entitled to a refund of any fees that you've paid.
ALL FEES AND CHARGES ARE NONREFUNDABLE. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
11. Changes to Services
We are constantly trying to improve our Services, so we reserve the right to change the Services at any time at our sole discretion. Our Services make use of Over-the-Air Updates (OTA), which means that the Services will update automatically from time to time to the newest version available. In addition, we may suspend or discontinue Services, at any time, in whole or in part, and we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.
12. Changes to Terms
We reserve the right to change these Terms at any time. When we do, we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Services after we have posted updated Terms, or notified you by other means if applicable, you consent to the revised Terms.
Quantizy may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to discontinue your use of the Services, you may submit a request for Cancellation. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Contact Us