Terms of Service

PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY, AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU (THE “USER” OR “YOU”) AND QUICKPAGE INC. (“WE” or “QUICKPAGE”) REGARDING YOUR ACCESS TO AND USE OF OUR WEBSITE, MOBILE APPLICATIONS, SOFTWARE, AND CONTENT AVAILABLE IN AND THROUGH THEM (“APP SERVICES”). IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL TERMS, YOU MAY NOT USE OUR APP SERVICES. BY DOWNLOADING OR USING ANY OF THE APP SERVICES, YOU SIGNIFY YOUR AFFIRMATIVE ASSENT TO BOTH THESE TERMS AND QUICKPAGE’S PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE.

1. Use of the App Services

These Terms of Service apply to all users of the App Services. Information provided by our users through the App Services may contain links to third party websites that are not owned or controlled by Quickpage. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Quickpage will not and cannot censor or edit the content of any third party site. By using the App Services, you expressly acknowledge and agree that Quickpage shall not be responsible for any damages, claims, or other liability arising from or related to your use of any third party website.

By signing up I agree to receive coupons, promotions, surveys, and updates via email and phone about Quickpage it’s partners.

Payment, Refunds, Upgrading and Downgrading Terms

The Service is offered with a free trial. If you need more than the days allotted for your trial, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made.

For any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.

Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.

Cancellation and Termination

You are solely responsible for properly canceling your account. An email, phone or live chat request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Billing link in top navigation. The Billing screen provides a simple no-questions-asked cancellation link.

All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all content will be permanently deleted from backups and logs. This information can not be recovered once it has been permanently deleted.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.

For team accounts, a 30-day cancellation notice is required due to the complexity of custom integrations, CRM, Inventory, and SMS services involved.

The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.

Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Quickpage site or the Service itself.

The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service

2. Access

Subject to your compliance with these Terms, Quickpage hereby grants you permission to use the App Services, provided that (a) your use of the App Services as permitted is solely for your personal use, (b) you do not resell or charge others for use of or access to the App Services, (c) you will not duplicate, transfer, give access to, copy, or distribute any part of the App Services in any medium without Quickpage’s prior written authorization, (d) you will not attempt to reverse engineer, alter, or modify any part of the App Services, and (e) you otherwise comply with the terms and conditions of these Terms and the Privacy Policy.

In order to access and use the features of the App Services, you acknowledge and agree that you will have to provide Quickpage with your name and email address, all of which will be subject to Quickpage’s Privacy Policy. Please keep in mind that your name will be viewable by other users of the App Services.

3. Responsible Use

You may use the App Services for lawful purposes and in accordance with these Terms. You may not use the App Services (a) for any purpose that is unlawful or prohibited by these Terms, (b) to cause harm or damage to any person or entity, (c) to interfere with the proper operation of the App Services, or impair, overburden, or disable the same, (d) to copy or harvest any personally identifiable information from the App Services or its users, including, without limitation, names and email addresses, (e) to engage in any conduct that restricts or inhibits any other user from using or enjoying the App Services, or (f) to upload, post, or transmit any material that violates any law, infringes on the rights of any third party, or contains defamatory, libelous, abusive, obscene, or otherwise objectionable material, as determined by Quickpage in its sole discretion. Harassment in any manner or form in connection with use of the App Services, including via e-mail or chat, is strictly forbidden. You may not upload commercial content onto the App Services.

The App Services are not intended for use by anyone under the age of 18. By accessing, using, or submitting information to or through the App Services, you affirm that you are (a) 18 years of age or older, (b) an emancipated minor, or (c) over the age of 13 and possessing legal parental or guardian consent to enter into these Terms. If you are a parent or legal guardian and you provide consent to your dependent’s access to and use of the App Services, you agree to be bound by these terms.

4. User Submissions

The App Services allow users to submit text, photos, videos, and other communications (“User Submissions”). These User Submissions may be hosted, shared, and/or published as part of the App Services, and may be visible, along with your name and/or email address, to other users of the App Services who are communicating or interacting with you in several possible ways through the App Services. Given the fact that what you submit may be viewable to others, do not submit information or content that you do not want seen by others.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. Because Quickpage is only acting as a repository of data, information provided by users, including, but not limited to, content, statuses, information, opinions, and links to third party sites, do not necessarily represent the views or opinions of Quickpage and Quickpage makes no guarantees as to the validity, accuracy, or legal status of any such information.

In connection with your User Submissions, you affirm, represent, and warrant that (a) you own or have the necessary license, rights, consents, and permissions to use, and also authorize Quickpage to use, all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the App Services and these Terms, and (b) you have the written consent, release, and/or permission, as needed, to submit the information in your User Submission. To be clear, you retain all of your ownership rights in your User Submissions, if any, but you must have the ownership rights in the first place.

By submitting the User Submissions to Quickpage through the App Services, you hereby grant to Quickpage a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the App Services and Quickpage’s (and it’s successor’s) business, including, without limitation, for promoting and redistributing part or all of the App Services in any media formats and through any media channels. You also hereby grant each subscriber to your User Submissions on the App Services a non-exclusive license to access your User Submissions through the App Services. The foregoing license by you terminates once you remove or delete a User Submission from the App Services.

In connection with User Submissions, you further agree that you will not (a) submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Quickpage all of the license rights granted herein, (b) publish falsehoods or misrepresentations that could damage other users, third parties, or Quickpage, (c) impersonate another person, (d) submit content that is unlawful, threatening, abuse, libelous, defamatory, invasive of privacy, vulgar, obscene, profane, pornographic, filthy, excessively violent, harassing, or otherwise objectionable, (e) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs, (f) interfere with or disrupt the integrity or performance of the App Services or the data contained therein, or (g) attempt to gain unauthorized access to the App Services or its related systems or networks.

Quickpage reserves the right to remove content or User Submissions without prior notice. Quickpage also reserves the right to decide whether content or User Submissions are appropriate and in compliance with these Terms for violations other than copyright infringement and violations of intellectual property law.

The App Services serve as venue to allow users to communicate for various reasons. One potential use is for the offer for sale of a specific product or service to potential buyers. You acknowledge and understand that when using the App Services, you will be exposed to User Submissions from a variety of sources, including without limitation, other users comments and communications in chats, third party sources and sites, and pages created by salespeople. Quickpage is not involved in any transactions of any kind between users, even though Quickpage may, from time to time, provide tools that enable users to communicate directly regarding a potential transaction. Quickpage is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or related to such information, nor does Quickpage accept responsibility for such information. You further acknowledge and understand that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Quickpage with respect thereto. Further, the quality, safety, or legality of any products and services that are the focus of communication between users through the App Services are solely the responsibility of the users.

The App Services may include the ability trigger communications through third party telecommunications providers, including without limitation Twilio, Inc. You are responsible for the content and propriety of your communications, and you hereby represent and warrant that you fully understand and will comply with the rules of the Telephone Consumer Protection Act and other related international, federal and state statutes (collectively, “Consumer Protection Laws”) with respect to the transmission of text messages and other commercial communications. You agree that you will not send text messages or other communications through the App Services to individuals that have not consented to receive such messages from you. Quickpage may suspend service or individual messages in its sole discretion if Quickpage receives complaints from third parties about your use of the App Services, or to mitigate legal risk associated with the activities under your account. Quickpage shall not be responsible or liable for any legal responsibilities related to the Client’s use of the SMS service.

5. Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:Quickpage Inc.ATTN: Legal Department (Copyright Notification) 1429 Avenue D #338 Snohomish, WA, 98290 Email: contact@quickpageapp.com

Any notice alleging that materials hosted by or distributed through the App Services infringe intellectual property rights must comply with elements of notification as described in 17 U.S.C. §512.

Quickpage will promptly terminate the accounts of users that are determined by Quickpage to be repeat infringers. A repeat infringer is a user who has been notified of infringing activity more than once or has had a User Submission removed from the App Services more than twice.

6. Intellectual Property Rights

The design of the App Services, along with Quickpage’s created text, scripts, graphics, interactive features, and the like (except User Submissions, as defined below), and the trademarks, service marks, and logos, if any, contained therein (“Marks”) are owned by or licensed to Quickpage, subject to copyright and other intellectual property rights under United States laws, foreign laws, and international conventions. The App Services are provided to you AS IS for your information and personal use only. Quickpage reserves all rights not expressly granted in and to the App Services. Quickpage may make subdomains available to you for use in Connection with the App Services. Subdomains within the App Services are owned by Quickpage, and Quickpage reserves the right to suspend or reassign subdomains in its sole discretion.

7. Links and Third Party Content and Services

The App Service may contain links to third party products, services, and websites, and access to services provided by third parties, including without limitation telecommunications services from Twilio Inc. (the “Twilio Services”). We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites. You are solely responsible for all use (whether or not authorized) of the Twillio Services under your account, including for the quality and integrity of the data and other information made available to Twillio through the use of the Twillio Services. Access to Twillio Services may be subject to additional terms and conditions, including those imposed by Twillio, Inc.

8. Privacy

The privacy and security of your information is important to us. Our Privacy Policy is incorporated into these Terms and also governs your use of the App Services. To the extent there is a conflict between these Terms and the terms of the Privacy Policy, these Terms will govern.

The Privacy Policy describes potential data that we may gather about or from users of the App Services and how we process, use, or share such data. By using the App Services, you consent to all actions that we take with respect to your data consistent with our Privacy Policy. Please review the Privacy Policy for a more complete understanding of what information we may collect and how we may use such information.

9. Changes to Terms

We reserve the right, at any time and from time to time, for any reason, to add to, delete, or modify the Terms provided herein, as well as any of our App Services. The effective date of these Terms will be displayed at the bottom of the page. If you use the App Services after changes become effective, it means you have expressly agreed to be bound by the revised terms. We recommend that each user review the Terms on a regular and frequent basis in order to be fully aware of the current rights and obligations that apply to usage of the App Services.

10. Provision of App Services

We are constantly looking for ways to improve the App Services in order to provide the best possible experience for you and other users. As such, you acknowledge and agree that the App Services, or certain features of the App Services, may change from time to time without notice. Any new feature that augments, enhances, or modifies the current App Services is subject to these Terms.

You acknowledge and agree that we may decline to provide access to the App Services or permanently or temporarily stop providing the App Services, or any feature, program, or content with the App Services, to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the App Services at any time. You do not need to specifically inform us when you stop using the App Services.

If you use a mobile device to access the App Services, the following additional terms and conditions also apply (“Mobile Terms”):

1. (a) You agree that you are solely responsible for all message and date rates and/or charges that apply to use of your mobile device to access the App Services. All such rates and charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.
2. (b) You understand that wireless service maybe not be available in all areas and at all times and may be affected by product, software, coverage, or service changes made by your service provider.
3. (c) Additional terms and conditions may apply to your use of the App Services based on the type of mobile device you use.

YOUR ACCESS TO AND USE OF THE APP SERVICES VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS THE REMAINING TERMS HEREIN.

11. Indemnity

You are responsible for your use of the App Services, and you will defend and indemnify Quickpage and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the App Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation, including without limitation any violation of Consumer Protection Laws; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. Quickpage reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

12. Disclaimer of Warranty

YOU AGREE THAT YOUR USE OF THE APP SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, QUICKPAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP SERVICES AND YOUR USE THEREOF. QUICKPAGE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP SERVICES, OR ANY CONTENT THEREIN, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE APP SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM, OR CONNECTION WITH, OUR APP SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (E) OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP SERVICES.

QUICKPAGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY OR THROUGH A USER SUBMISSION OR OTHER ADVERTISING, BY A THIRD PARTY THROUGH THE APP SERVICES, OR BY ANY HYPERLINKED WEBSITE. QUICKPAGE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND OTHER USERS OR THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

13. Limitation of Liability

IN NO EVENT SHALL QUICKPAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (A) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OF CESSASION OF TRANSMISSION TO OR FROM, OR CONNECTION WITH, OUR APP SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QUICKPAGE IS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, OR (F) ANY DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR THE PRIVACY POLICY. THE AGGREGATE LIABILITY OF QUICKPAGE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE APP SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO QUICKPAGE FOR ACCESS TO AND USE OF THE APP SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The App Services are controlled and offered by Quickpage Inc. from its location in the United States of America. Quickpage makes no representations that the App Services are appropriate or available for use in other locations. Those who wish to access or use the App Services from other jurisdictions do so on their own volition and are responsible for compliance with local law.

14. Indemnity

You agree to defend, indemnify, and hold harmless Quickpage, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from (a) your use of and access to the App Services, (b) your violation of any term of these Terms, (c) your violation of any third party right, including without limitation any copyright, property, or privacy right, or (d) any claim that one of your User Submissions caused damage to a third party. These defense and indemnification obligations will survive these Terms and your use of the App Services.

15. General Provisions

You further agree to be subject to the jurisdiction of the state of Washington in the event of any legal dispute. These Terms of Service shall be governed by the laws of the state of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and Quickpage that arises in whole or in part from the App Services shall be decided exclusively by a court of competent jurisdiction in Snohomish County, Washington.

These Terms, together with the Privacy Policy and any other legal notices published by Quickpage, shall constitute the entire agreement between you and Quickpage concerning the App Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of any term in these Terms shall be deemed a further or continuing waiver of such term or any other term, and Quickpage’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Last Updated / Effective Date: 03/01/2024