APP TERMS & CONDITIONS
Date of Revision: March 23, 2017
Thank you for using Qikspace!
These terms of service (the “Terms”) govern your access to and
use of Qikspace (“we” or “our”) websites, applications, apps and services (the “Services”), so please
carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an
organization, you are agreeing to these Terms for that organization and promising that you have the
authority to bind that organization to these terms. In that case, “you” and “your” will refer to that
You may use the Services only in compliance with these Terms. You may use the Services only if you have the
power to form a contract with Qikspace and are not barred under any applicable laws from doing so. The
Services may continue to change over time as we refine and add more features. We may stop, suspend, or
modify the Services at any time without prior notice to you. We may also remove any content from our
Services at our discretion.
To insure the safety of Your Stuff be aware Qikspace is currently in a beta phase and suggests that mission
critical information not be solely stored in Qikspace, due to potential volatility of the system and
potential for data loss.
Your Stuff & Your Privacy
By using our Services you provide us with information, files, messages, emails, social networks, contacts,
notes, workspaces, links to third party services, tasks, events, spaces and folders that you submit to
Qikspace (together, “your stuff”). You retain full ownership to your stuff. We don’t claim any ownership to
any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the
limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your stuff, for example, hosting your notes,
tasks, events, messages, topics, spaces, files; or sharing them at your direction. This includes product
features visible to you, for example, image thumbnails or document previews. It also includes design choices
we make to technically administer our Services, for example, how we redundantly backup data to keep it safe,
how the system makes recommendations, and how information is replicated for sharing. You give us the
permissions we need to do those things solely to provide the Services. This permission also extends to
trusted third parties we work with to provide the Services, for example Amazon, Google, Microsoft or
whomever provides our storage space and analytics services (again, only to provide the Services).
change, we won’t share your content with others, including law enforcement, for any purpose unless you
You are solely responsible for your conduct, the content of your messages, notes, tasks, events, spaces,
topics, files and folders, and your communications with others while using the Services. For example, it’s
your responsibility to ensure that you have the rights or permission needed to comply with these
We may choose to review public content for compliance with our community guidelines, but you acknowledge
that Qikspace has no obligation to monitor any information on the Services. We are not responsible for the
accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may
be able to access using the Services.
Sharing Your Stuff
The Services provide features that allow you to share your stuff with others or to make it public. There are
many things that users may do with that stuff (for example, copy it, modify it, re-share it). Please
consider carefully what you choose to share or make public. Qikspace has no responsibility for that
activity. When you share stuff with others that are not members of Qikspace and email will be sent to them
to notify them of the sharing intent. If a reply is not received within a given period of time then a
maximum of three follow-up emails will be sent.
Files and other content in the Services may be protected by intellectual property rights of others. Please
do not copy, upload, download, or share files unless you have the right to do so. You, not Qikspace, will be
fully responsible and liable for what you copy, share, upload, download or otherwise use while using the
Services. You must not upload spyware or any other malicious software to the Service.
You, and not Qikspace, are responsible for maintaining and protecting all of your stuff. Qikspace will not
be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up
or restoring any of your stuff.
If your contact information, or other information related to your account, changes, you must notify us
promptly and keep your information current. The Services are not intended for use by you if you are under 13
years of age. By agreeing to these Terms, you are representing to us that you are over 13.
You are responsible for safeguarding the password that you use to access the Services and you agree not to
disclose your password to any third party. You are responsible for any activity using your account, whether
or not you authorized that activity. You should immediately notify Qikspace of any unauthorized use of your
account. You acknowledge that if you wish to protect your transmission of data or files to Qikspace, it is
your responsibility to use a secure encrypted connection to communicate with the Services.
Software and Updates
Some use of our Service requires you to download a client software package (“Software”). Qikspace hereby
grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access
the Services. Your license to use the Software is automatically revoked if you violate these Terms in a
manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted
in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist
anyone else to do so. Our Services may update the Software on your device automatically when a new version
is available. Our ability to pause syncing feature pauses syncing of your files, but may not cease all data
transfer, so you should exit the client if you’d like to stop data transfer.
Qikspace Property and Feedback
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the
Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback,
comments, or suggestions you send us or post in our forums without any obligation to you. The Software and
other technology we use to provide the Services are protected by copyright, trademark, and other laws of
both the United States and foreign countries. These Terms do not grant you any rights to use the Qikspace
trademarks, logos, domain names, or other brand features.
Acceptable Use Policy
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner
consistent with the Qikspace Acceptable Use Policy.
Qikspace reserves the right to change its pricing and plan option features at any time without advanced
notice. Some jurisdictions might require Qikspace to collect sales taxes, use taxes, VAT or other types of
taxes; Qikspace will add the required taxes to your plan pricing and collect via the selected payment
option. Users will not be refunded for cancelation prior to the end of a selected billing payment period.
Refunds or damages will not be offered due to disruption of service or system outages.
Qikspace respects others’ intellectual property and asks that you do too. We will respond to notices of
alleged copyright infringement if they comply with the law and are properly provided to us. Such notices
should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be
infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright
infringement on the Services is firstname.lastname@example.org:
100 S King Street, Suite 100
Seattle, WA 98104
The Services may contain links to third-party websites or resources. Qikspace does not endorse and is not
responsible or liable for their availability, accuracy, the related content, products, or services. You are
solely responsible for your use of any such websites or resources. Also, if we provide you with any software
under an open source license, there may be provisions in those licenses that expressly conflict with these
Terms, in which case the open source provisions will apply.
Though we’d much rather you stay, you can stop using our Services at any time. We reserve the right to
suspend or end the Services at any time, with or without cause, and with or without notice. For example, we
may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way
that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your
use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for
example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we
may suspend immediately. Retrieval of all data is not guaranteed due to the dynamic nature of the service
Qikspace is Available “AS-IS”
Though we want to provide a great service, there are certain things about the service we can’t promise. For
example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED
WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. (We are not shouting- it’s just that these disclaimers are really
important, so we want to highlight them). Qikspace will have no responsibility for any harm to your computer
system, loss or corruption of data, or other harm that results from your access to or use of the Services or
Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL QIKSPACE, ITS AFFILIATES, PARENT, SUBSIDIARIES,
OFFICERS, DIRECTORS, 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 QIKSPACE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH
DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS
RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO QIKSPACE FOR THE PAST
THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this
paragraph, so they may not apply to you.
We may revise these Terms from time to time and the most current version will always be posted on our
website. If a revision, in our sole discretion, is material we will notify you (for example via email to the
email address associated with your account). Other changes may be posted to our blog or terms page, so
please check those pages regularly. By continuing to access or use the Services after revisions become
effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop
using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY WASHINGTON LAW EXCEPT FOR ITS
CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR
SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF KING COUNTY, WASHINGTON, AND BOTH
PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive
agreement between you and Qikspace with respect to the Services, and supersede and replace any other
agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary
rights. Qikspace’s failure to enforce a provision is not a waiver of its right to do so later. If a
provision is found unenforceable the remaining provisions of the Agreement 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 Qikspace may assign its rights to any of its
affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Qikspace and you are not legal partners or agents; instead, our relationship is that of independent
Questions & Contact Information
Questions or comments about the Sites may be directed to Qikspace at the email address email@example.com