Legals Contents Page

 

Platform Terms

Quikkly provides its Software and Services under licence pursuant to these terms which must be agreed to in whole. All Developers (i.e. companies using our Software or Services as provided by the Quikkly Platform) must agree to:

- Give people control

- Protect data

- Encourage proper use

- Follow the law

Please take note of the definitions section herein. For example, the term SDK covers both SDK and API usage of the Quikkly Platform.

In addition there are things you should know about how we intend for Quikkly to be used - these are documented below.

A) Give people control

  1. Provide a publicly available and easily accessible privacy policy that explains what data you are collecting and how you will use that data.

  2. You may use Quikkly Account Information in accordance with your privacy policy and other Quikkly policies. All other data may only be used outside your app after you have obtained explicit user consent. 

  3. Link to your privacy policy in any app marketplace that allows you to.

  4. Comply with your privacy policy.

  5. Delete all of a person’s data you have received from us if any (including friend data) if that person asks you to, unless you are required to keep it by law, regulation, or separate agreement with us. You may keep aggregated data only if no information identifying a specific person could be inferred or created from it.

  6. Obtain adequate consent from people before using any Quikkly technology that allows us to collect and process data about them, including for example, our SDKs. When you use such technology, disclose to people in your privacy policy that you are enabling us to collect and process data about them.

  7. Obtain consent from people before you give us information that you independently collected from them.

  8. If you are tracking a person's activity, provide an opt-out from that tracking.

  9. Provide meaningful customer support for your app, and make it easy for people to contact you.

B) Protect data

  1. If you cache data you receive from us, use it to improve your app’s user experience and keep it up to date.

  2. Don’t proxy, request or collect Quikkly usernames or passwords.

  3. Keep private your secret key and access tokens. You can share them with an agent acting to operate your app if they sign a confidentiality agreement.

  4. If you use any partner services, make them sign a contract to protect any information you obtained from us, limit their use of that information, and keep it confidential.

  5. Keep Quikkly user IDs, if relevant, within your control. Contract with any providers who help you build or run your app to ensure that they keep the user IDs secure and confidential and comply with our policies.

  6. Don't sell, license, or purchase any data obtained from us or our services.

  7. Don't transfer any data that you receive from us (including anonymous, aggregate, or derived data) to any ad network, data broker or other advertising or monetization-related service.

  8. Don't put Quikkly data in a search engine or directory, or include web search functionality on Quikkly.

  9. If you are acquired by or merge with a third party, you can continue to use our data only within your app.

  10. If you stop using Platform, promptly delete all user data you have received from us (absent explicit consent from people). You can keep Account Information if you have presented your privacy policy within your app.

 

C) Encourage proper use

  1. Respect the limits we've placed on Quikkly functionality.

  2. If you want to use our logos or brand, follow the guidelines in the Quikkly License section of the Developer Portal. Ad networks and data brokers must get our written permission before using our Platform, logos, or trademarks.

  3. Include attribution of Quikkly as a provider of third party software in your app and website.

  4. Don't sell, transfer or sublicense our code, SDKs, APIs, or tools to anyone.

  5. Only use our SDKs to develop and distribute apps for use with the Quikkly Platform. You may also distribute any code libraries or sample source code included in the SDKs for inclusion in such apps.

  6. Don’t modify, translate, create derivative works of, or reverse engineer any SDK or its components.

  7. Be honest about your relationship with Quikkly when talking to the press or users. Get approval from us before issuing any formal press release or blog post mentioning Quikkly.

D) Follow the law

  1. You are responsible for restricting access to your content in accordance with all applicable laws and regulations, including geo-filtering or age-gating access where required.

  2. Don’t provide or promote content that infringes upon the rights of any third party.

  3. Ensure that you own or secure all rights necessary to display, distribute and deliver all content in your app.

  4. Satisfy all licensing, reporting and payout obligations to third parties in connection with your app.

  5. If your app contains content submitted or provided by third parties:

    • In the United States, you must take all steps required to fall within the applicable safe harbors of the Digital Millennium Copyright Act including designating an agent to receive notices of claimed infringement, instituting a repeat infringer termination policy and implementing a notice and takedown process.

    • In other countries, you must comply with local copyright laws and implement an appropriate notice and takedown process for when you receive a notice of claimed infringement.

  6. Don’t knowingly share information with us that you have collected from children under the age of 13.

  7. Comply with all applicable laws and regulations in the jurisdiction where your app is available. Do not expose Quikkly or people who use Quikkly to harm or legal liability as determined by us in our sole discretion.

  8. If applicable, comply with the US Video Privacy Protection Act (VPPA) and similar legislation in other jurisdictions and obtain any opt-in consent necessary to share data with Quikkly.

  9. You agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim against us related to your service, actions, content or information.


 

Things you should know

  1. We can analyze your app, website, content, and data for any purpose, including commercial.

  2. We can monitor or collect data related to your use of SDKs.

  3. We will use information we receive from you or in connection with your Platform integration in accordance with our Privacy Policy.

  4. We have the right to communicate with users of our SDK(s) within the SDK experience including promotion of Quikkly, including but not limited to phrases such as "Powered by Quikkly".

  5. You give us all rights necessary to enable your app to work with Quikkly, including the right to incorporate information you provide to us into other parts of Quikkly, and the right to attribute the source of information using your name or logos.

  6. We may share your contact info with people who want to contact you.

  7. We may use your name, logos, content, and information, including screenshots and video captures of your app, to demonstrate or feature your use of Quikkly, worldwide and royalty-free.

  8. You give us the right to link to or frame your app, and place content, including ads, around your app.

  9. We can audit your app to ensure it is safe and does not violate our Terms. If requested, you must provide us with proof that your app complies with our terms.

  10. We can create apps or products that offer features and services similar to your app.

  11. Quikkly and its licensors reserve all right, title and interest, including all intellectual property and other proprietary rights, in and to all SDKs.

  12. Any SDKs you receive from us are provided to you on an "as is" basis, without warranty of any kind.

  13. We can issue a press release describing our relationship with you.

  14. We may enforce against your app or web site if we conclude that your app violates our terms or is negatively impacting the Platform. We may or may not notify you in advance.

  15. Enforcement is both automated and manual, and can include disabling your app, restricting you and your app’s access to platform functionality, requiring that you delete data, terminating our agreements with you or any other action that we deem appropriate.

  16. We communicate with developers through email. Ensure that the email address associated with your Quikkly account and the email address registered to the app are current and that you don’t filter out these messages.

  17. We may change these terms at any time without prior notice. Please check them regularly. Your continued use of Platform constitutes acceptance of those changes.

  18. If you use Quikkly SDKs, or operate a Platform app or website, you must follow our End User Licence Agreement and these additional rules and, unless you have our written permission to do otherwise, you are assumed to be bound by these agreements and rules.

  19. You are wholly responsible for the correct integration of Quikkly’s SDK and/or API calls into your Apps. This includes all testing.

  20. If you use Quikkly as part of a promotion (ex: a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:

    1. The official rules;

    2. Offer terms and eligibility requirements (ex: age and residency restrictions); and

    3. Compliance with applicable rules and regulations governing the promotion and all prizes offered (ex: registration and obtaining necessary regulatory approvals)

We will not assist you in the administration of your promotion, and you agree that if you use our service to administer your promotion, you do so at your own risk.

Availability of the Services may be subject to the payment of any applicable fees by you to us in accordance with the conditions set out below.

 

PAYMENT FOR QUIKKLY SERVICES

The price of the Services is set out in our price list in force at the time that we invoice you for use of our Services (see www.quikklycodes.com/pricing-detail for details). Our prices may change at any time, but price changes will not affect any of our Services that we have invoiced you for. We may notify you by email of any changes to our pricing.

You may select one of the current billing options when placing an order for the Services. A variety of billing options may be made available via website from time to time. When you choose a billing option, you must adhere to the terms of that plan. If you wish to change plans, please do so via your account settings or contact Quikkly to discuss available options. Details of current plans will be displayed on Quikkly's web site.

 

ALL PLANS:

You agree that regardless of plan selected, you will:

  • agree to respect stated usage limitations (e.g. limits on number of installs, limitations to a single territory or region, a specific brand or number of brands, and so on);

  • give us the right to renew your subscription automatically until you cancel the Service;

  • have the right to cancel the subscription such that your subscription and use of The Services expire at the end of the most recently paid-for monthly period, upon which event The Services shall cease to function as expected;

  • agree that no refunds are given;

  • agree that all Quikkly Code generation and scanning occurs locally in your app;

  • agree to pick the right plan by selecting the plan which matches the size of your app’s installed base (i.e. downloads to date); and, If you are using Quikkly in more than one app (i.e. more than one API key), the number of installs shall be the total of the installed base across your apps;

  • agree that, in the event your user base or installs increases during a given period above the threshold for your current Quikkly Plan, you will upgrade to a larger plan before the next monthly period starts; and

  • agree that we reserve the right to ensure you’re on the right plan by verifying the size of your installed base at any time and/or checking your usage of Quikkly; and that we have the right to contact you in the event of discrepancies; and that we reserve the right to cancel your use of Quikkly if abuse is discovered.

 

The Services offered may vary from time to time depending on the type of plan or billing option you choose. Limitations shall be stated clearly during the purchase process and prior to payment. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

You may change your payment method to those available. We may enable other forms of payment by making them available. These other forms of payment may be subject to additional terms which you may have to accept prior using the additional forms of payment. You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
 

QUIKKLY TRIAL:

By selecting this option, actively or by default, you will:

  • have the right to use Quikkly free of charge within the stated limits;

  • agree that this plan is intended for trial and testing of The Services or for small-scale commercial use only;

  • Agree that, as soon as the stated limit is hit, you will upgrade to a paid-for Quikkly Plan or cancel the subscription; and

  • Agree that, if we see significant usage above the limit allowed for, we reserve the right to ask that you move to a paid-for plan and/or to cancel or pause your subscription without notice.
     

QUIKKLY PLANS:

This includes for example Small, Medium, Large and Enterprise. If you select this option, you will:

  • pay for the Services on a monthly basis;

  • give us the right to charge the submitted credit or debit card, or bill you via other payment methods, for fees connected with the Service; and

  • pay in advance for each billing cycle on the first day of that cycle.

 

 

CONSULTANCY SERVICES:

In the event we agree to do custom work for you such as consulting on scannables, design of codes, technical assistance and more, such work will be subject to a specific consultancy agreement to be agreed to in addition to the terms laid out on our website(s).


 

DELINQUENT AND NON-PAYMENTS

Delinquent payments may bear interest at the rate of one-and-one-half per cent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by us in collecting such delinquent amounts, except where such delinquent amounts are due to our billing inaccuracies.

Automatic Suspension

  • You will have thirty days to pay us delinquent fees. If you do not pay us delinquent fees within thirty days, we will automatically suspend your use of the Services. The duration of this suspension will be until you pay us all outstanding fees.

During Suspension

  • If you are on a monthly billing plan, and you are suspended for non-payment, we will stop charging you monthly fees during your suspension for non-payment.

Termination After Suspension.

  • If you remain suspended for non-payment for more than sixty days, we may terminate your account for breach.

TAXES

You are responsible for any Taxes, and you will pay us for the Services without any reduction for Taxes. If we are obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide us with a valid tax exemption certificate authorised by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payments to us, you must provide us with an official tax receipt or other appropriate documentation to support such payments.

If you require a purchase order number on your invoice, you will inform us and we will include such purchase order number on invoices following receipt.  If you do not provide a purchase order number, you waive any purchase order requirement and (a) we will invoice you without a purchase order number; and (b) you agrees to pay invoices without a purchase order number referenced. Any terms and conditions on a purchase order do not apply to this Agreement and are null and void.

You may cancel your account at any time but you won’t be issued a refund unless legally required.

We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

You must provide us with accurate contact and billing information and keep this information up to date.

 

Definitions

  1. “App” means any technical integration we have assigned an app identification number.

  2. "Account Information" may consist of all or any part of: name, email, age, gender and location.

  3. “User data” means any data, including a person's content or information that you or third parties obtain from or through Quikkly.

  4. "SDK" means any object code library, sample source code, or documentation you receive from us or Quikkly APIs that you use, that helps you create apps for use with the Quikkly Platform, including but not limited to mobile applications, desktop applications and websites using Quikkly’s software.

  5. "UI" means the User Interface and/or visual elements displayed to the user.

  6. By "Quikkly" or "Quikkly Services" we mean the features and services we make available, including through (a) our website at www.quikklycodes.info, *.quikkly.io or www.quikklytags.com and any other Quikkly branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, brands, products, services, software (such as a plugin), devices, or networks now existing or later developed. Quikkly reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms..