Quackback

Terms of Service

Last Updated: 15th November 2024

Introduction

Welcome to Quackback! These Terms of Service ("Terms") govern your access to and use of Quackback's services, including any applications, websites, software, and content (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

1. Definitions

"We", "us", "our": Refers to Quackback and its affiliates.

"You", "your": Designates any individual or entity utilizing the Quackback Service.

2. Provision of Services

We strive to ensure that Quackback is reliable, continuous, and error-free. However, due to technical and other unforeseen reasons, we cannot guarantee uninterrupted access to the Services. We reserve the right to modify, temporarily suspend, or permanently discontinue the Services at our discretion, with or without notice.

3. Plan Charges and Payments

3.1 Free Trial

We offer a 14-day free trial period to allow you to try Quackback before committing. If you decide to continue using Quackback after the trial period, you will need to provide valid credit or debit card details.

3.2 Billing

Your card will be charged on the day your free trial ends. Subsequently, you will be billed monthly at the price advertised on our website at the time of your sign-up. We reserve the right to change our fees; however, we will provide you with at least 30 days' notice of any price increases.

3.3 Cancellations

You may cancel your subscription at any time through your account settings or by contacting us directly. Access to Quackback will continue until the end of your current billing cycle, and you will not be charged for subsequent months. No refunds are available for partial months of service or if you cancel after the initial trial period.

3.4 Failed Payments

If we are unable to process your payment, we will notify you and attempt to reprocess the payment. If repeated attempts to charge your card fail, your Quackback access may be temporarily suspended. Access will be reinstated once a successful payment is completed.

4. Use of Quackback

Quackback is designed exclusively for lawful business and organizational purposes, including but not limited to:

By using Quackback, you agree to adhere strictly to these lawful purposes and ensure that your activities on Quackback do not violate any applicable laws, regulations, or rights of third parties.

4.1 Prohibited Uses

You are expressly prohibited from using Quackback for any of the following activities:

Failure to comply with these guidelines may result in the suspension or termination of your Quackback account, at our discretion.

5. Intellectual Property

All content, designs, code, and related intellectual property of Quackback are owned by us or our licensors and are protected under applicable intellectual property laws. Unauthorized use, reproduction, or distribution of any Quackback material is strictly prohibited.

6. User-Generated Content

6.1 Ownership

You retain ownership of all content you submit, post, or display on or through Quackback ("User Content").

6.2 License to Us

By posting User Content on Quackback, you grant us a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content solely for the purposes of operating, developing, providing, and using the Services.

6.3 Responsibility

You are solely responsible for the User Content you submit. You must ensure that you have all necessary rights and permissions to submit such content and that your content does not infringe upon any third-party rights or violate any laws.

7. Privacy and Data Protection

Please refer to our Privacy Policy for detailed information on our data collection, use, and protection practices. Our Data Processing Agreement further outlines the responsibilities and roles regarding data processing.

By using Quackback, you agree to the collection and use of information in accordance with our Privacy Policy.

8. Disclaimer of Warranties

Quackback is provided on an "as is" and "as available" basis. We make no warranties, whether express or implied, regarding the Services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

9. Uptime and Availability

While we aim to provide continuous access to Quackback, we do not guarantee uptime or availability. We are not liable for any disruptions or delays in the Services caused by external factors beyond our control, including but not limited to internet outages, third-party service failures, or force majeure events.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Quackback, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with your use of the Services.

Our total liability for any claim arising from these Terms or the use of the Services shall not exceed the amount you have paid to us under your current subscription plan in the six (6) months preceding the claim.

11. Cancellation and Termination

11.1 By You

You may cancel your subscription at any time through your account settings or by contacting us directly. Upon cancellation, your access to the Services will continue until the end of your current billing cycle.

11.2 By Us

We reserve the right to suspend or terminate your account at any time, with or without notice, if you violate these Terms or for any other reason, including legal compliance requirements.

11.3 Effect of Termination

Upon termination of your account, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, which shall not be unreasonably withheld. Any attempted assignment without such consent will be null and void. Requests for assignment should be sent to [email protected] for evaluation.

We may assign or transfer our rights and obligations under these Terms without restriction.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision will be deemed modified to the extent necessary to make it valid and enforceable while preserving its intent.

14. Entire Agreement

These Terms, along with any referenced documents and policies, constitute the entire agreement between you and Quackback regarding the use of the Services, superseding any prior agreements or understandings, whether written or oral.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

For users outside the UK, additional local laws may apply. You agree to comply with all applicable local laws in your jurisdiction.

16. Contact Information

For questions, feedback, or concerns regarding these Terms or the Services, please contact us at:

Email: [email protected]

We are always here to help.

17. Data Retention

We retain your User Content for as long as your account is active or as needed to provide the Services. Upon account closure, your data will be retained for a period of 30 days for administrative purposes, after which it will be deleted.

17.1 Data Deletion and Export

You may request data deletion or export at any time by contacting us at [email protected]. We will process your request in accordance with our data protection policies and applicable laws.

19. Modifications to the Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

20. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Quackback.

21. Acknowledgment

By using Quackback, you acknowledge that you have read, understood, and agree to be bound by these Terms.