Please read these terms carefully before using the Qpix platform
By accessing or using Qpix mobile application and services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Qpix Inc. ("Qpix," "we," "us," or "our").
If you do not agree to these Terms, you may not access or use the Service. The Service is offered and available to users who are 13 years of age or older. By using the Service, you represent and warrant that you meet the eligibility requirements.
These Terms contain an arbitration provision requiring disputes to be arbitrated on an individual basis, with no class action. By using Qpix, you waive the right to participate in class actions or pursue claims through a jury trial. Please review Section 11 carefully.
Throughout these Terms, we use specific terminology to refer to different aspects of our Service:
To access certain features of the Service, you must register for an account. When you register, you agree to:
We reserve the right to suspend or terminate your account if we believe that you have violated these Terms or that your account information is incomplete or inaccurate.
You must be at least 13 years of age to create an account and use the Service. If you are under the age of majority in your jurisdiction, you represent that your legal guardian has reviewed and agreed to these Terms.
You are responsible for maintaining the confidentiality of your login credentials and for all activities associated with your account. Qpix will not be liable for any loss or damage arising from your failure to protect your account information.
By submitting, posting, or displaying Content on or through the Service, you grant Qpix a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and providing the Service.
You represent and warrant that:
Qpix offers the functionality of sharing Temporary Images that are designed to be viewable only once or twice by the recipient(s). While we implement technological measures to align with this design, we cannot guarantee that recipients will not circumvent these restrictions through screenshots, third-party applications, or other means. You acknowledge this limitation and understand that once content is shared, there is an inherent risk of it becoming permanently accessible.
Qpix reserves the right, but is not obligated, to monitor and review all Content and to remove any Content that violates these Terms or that otherwise may be objectionable, at our sole discretion. We may remove your Content without prior notice.
You agree not to engage in any of the following prohibited activities in connection with the Service:
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. By using the Service, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.
The Service and its original content, features, and functionality are and will remain the exclusive property of Qpix and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Qpix.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Service, please notify our copyright agent as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to our designated copyright agent at: dmca@qpix.me
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QPIX, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.
UNDER NO CIRCUMSTANCES WILL QPIX BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QPIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
QPIX MAKES NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account through the app settings.
All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right, at our sole discretion, 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.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
You and Qpix agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The arbitration will be conducted in San Francisco, California, unless you and Qpix agree otherwise. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the rules of the arbitrator.
YOU AND QPIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Unless both you and Qpix agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
If you have any questions about these Terms, please contact us at:
Qpix Inc.
123 Tech Boulevard
San Francisco, CA 94105
Email: legal@qpix.me