Terms of Service

Last Revised: July 15, 2015

These Terms of Service ("Terms") apply to your access and use of quiply’s mobile application (the "App"), and other online products and services (collectively, the "Service"). These Terms and the quiply Privacy Policy ("Privacy") set forth the legally binding terms for your use of the Service.

1) Highlights

quiply is an App and Service for anonymously sharing information and experiences about the workplace.

You own any Content that you upload, provide, make available, or otherwise "post" on the Service. You grant quiply rights to use such Content in connection with and in support of the Service, as set forth below. The Service contains Content provided by us and our licensors (including other Users). We and our licensors own and retain all property rights to that Content and to the Services, as set forth below. Content from other Users and third parties is made available to you through the Service. We make no guarantees about the accuracy, quality or suitability of that Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Content made available by other Users and by other third parties.

You are solely responsible for any and all Content that is posted through your account on the Service and for your interactions with other Users -

Don’t post, link or otherwise make available on or through quiply any of the following:

  1. Content that is illegal or unlawful;
  2. Content that may infringe or violate any rights of any party;
  3. Content that may contain viruses, corrupted data or other harmful, disruptive or destructive files or code; and
  4. Content containing language that may be deemed racist, obscene, pornographic, indecent, vulgar, abusive, intimidating, bullying, harassing, threatening, libelous, defamatory or otherwise inappropriate.

Don't:

  1. Post any content if you are not at least 18 years of age;
  2. Use quiply in any manner that could interfere with, disrupt, negatively affect or inhibit other quiply users or that could damage, disable, overburden or impair the functioning of quiply;
  3. Breach, or attempt to breach, the security of the Service;
  4. Gain unauthorized access to the Service or any part thereof;
  5. Collect any personal information about other users;
  6. Use any data mining, robots, or similar data gathering and extraction methods in connection with the Service;
  7. Use the Service for any purpose that is beyond the scope of the Service’s expected use, that is illegal or that is prohibited by these Terms;
  8. Solicit any activity, unlawful or otherwise, that infringes quiply’s rights or the rights of any other party;
  9. Use the Service to transmit spam, junk email, bulk email, promotions, or other solicitations, or content that includes any advertising or marketing materials;
  10. Circumvent or attempt to circumvent any features designed to protect quiply, quiply users, or third parties.

We change these Terms of Service every so often. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, provide you with additional notice (on our homepage, for example).

These terms are between you and quiply, and not with Apple, Inc. While you may be subject to certain terms and conditions with Apple, Inc. by using Apple’s App Store or other products, these terms are specifically between You and quiply. Your use of the quiply Service is governed solely by these terms and the quiply Privacy Policy.

If you access or use quiply, it means you agree to all the terms below and the quiply Privacy Policy.

2) Accepting these Terms

If you access or use the Service, it means you agree to be bound by all of the terms below and the quiply Privacy Policy. Before you use the Service, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Service. If a term does not make sense to you, please contact us at contact@quiply.me

3) Changes to these Terms

We reserve the right to change these Terms of Service from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, provide you with additional notice (such as adding a statement to our homepage). We encourage you to review these Terms of Service periodically to stay informed about our practices. If you continue to use the Service after the revised Terms have been posted, then you have accepted the changes to these Terms.

Whenever we make changes to these Terms, they are effective when the revised Terms are posted. If you continue to use the Service after the revised Terms have been posted, then you have accepted the changes to these Terms.

4) Privacy Policy

For information about how we collect and use information about users of the Service, please refer to our Privacy Policy.

5) Right to Use the Service

quiply grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service. The App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by quiply that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

If you use this Service, you agree that all information provided by you is accurate and truthful; you will maintain the accuracy of such information; you are eighteen (18) years of age or older; and your use of the Service does not violate any applicable law or regulation, or any other obligation (including contractual obligation) you might have towards third parties. You are responsible for any and all activity that occurs on the quiply App installed on your mobile device. You agree to notify quiply immediately, at contact@quiply.me, of all unauthorized use of the quiply App installed on your mobile device. You may be held responsible for any losses incurred by quiply or any other user of the Service that are in any way related to inaccurate or untruthful information provided to the Service by you and/or from the quiply App installed on your device.

Unless we expressly state otherwise, your right to use the Service does not include (i) publicly performing or publicly displaying the Service or any Content from the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or access to the Service in order to build a competitive product or service; (vi) selling, or participating in any selling, renting, leasing, loaning, assigning, distributing, licensing, sublicensing, or exploiting in any way, in whole or in part, any of the quiply Content, the Service or any related software, except as expressly authorized herein; or (vii) using the Service other than for its intended purposes. Should you do any of this, we may terminate your use of the Service, and you may have infringed the copyright and other rights of quiply, which may subject you to prosecution and damages.

By posting any Content on the Service, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world, on or off the App. No compensation will be paid with respect to the Content that you post through the Service. You should only post Content to the Service that you are comfortable sharing with others under the terms and conditions set forth herein.

Content from other Users and third parties is made available to you through the Service. We make no guarantees about the accuracy, quality or suitability of that Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Content made available by other Users and by other third parties.

The Service contains information, materials and content, including, but not limited to, text, graphics, data, formatting, graphs, designs, HTML, "look and feel", photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content, provided by quiply and our licensors (including other Users), collectively "the quiply Content". We and our licensors own and retain all proprietary rights in the quiply Content, and we own and retain all property rights in the Service, or use them with permission. The quiply Content and Service is protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Any unauthorized use of the quiply Content may violate such laws and these Terms. Except as expressly provided herein, quiply does not grant any express or implied rights to use the quiply Content or Service.

6) Your Content and Conduct

You own any Content that you upload, provide, make available, or otherwise "post" on the Service. You agree to follow our Community Guidelines. You may not post, link or otherwise make available on or through the Service any of the following:

  1. Content that is illegal or unlawful;
  2. Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
  3. Viruses, corrupted data or other harmful, disruptive or destructive files or code; and
  4. Content containing language that may be deemed racist, obscene, pornographic, indecent, vulgar, abusive, intimidating, bullying, harassing, threatening, libelous, defamatory or otherwise inappropriate.

Also, you agree that you will not do any of the following in connection with the Service or other Users:

  1. Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
  2. Collect any personal information about other users;
  3. Intimidate, threaten, bully, stalk or otherwise harass other users of the Service;
  4. Post any content if you are not at least 18 years of age; and
  5. Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

When you post, link or otherwise make available any Content on the Service, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, publish, translate, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world, on or off the App. No compensation will be paid with respect to the Content that you post through the Service. You should only post Content to the Service that you are comfortable sharing with others under the terms and conditions set forth herein.

7) Feedback

Any suggestions, comments or other feedback provided by you to us with respect to the Service will constitute our confidential information. We will be free to use, disclose, reproduce, license and otherwise distribute, and exploit this feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

8) Disclaimers, limitation of liability and indemnification

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

QUIPLY DOES NOT ENDORSE ANY USER CONTENT SUBMITTED TO THE SERVICE BY ANY USER OR OTHER LICENSOR, OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND QUIPLY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT. QUIPLY DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON THE SERVICE (RECOGNIZING THAT THERE ARE LEGAL EXCEPTIONS AND LIMITATIONS LIKE 'FAIR USE'), AND QUIPLY WILL REMOVE ALL INFRINGING USER CONTENT IF PROPERLY NOTIFIED THAT SUCH USER CONTENT INFRINGES ON ANOTHER’S INTELLECTUAL PROPERTY RIGHTS.

QUIPLY, INC IS IN NO WAY RESPONSIBLE FOR THE USER-GENERATED CONTENT POSTED ON THIS APP. CONTENT POSTED ON THIS APP IS SUBJECT TO:

1ST AMENDMENT: FREEDOM/ANONYMITY OF SPEECH AS PROTECTED UNDER THE 1ST AMENDMENT.

COMMUNICATIONS DECENCY ACT: "OPERATORS OF INTERNET SERVICES ARE NOT TO BE CONSTRUED AS PUBLISHERS AND THUS NOT LEGALLY LIABLE FOR THE WORDS OF THIRD PARTIES WHO USE THEIR SERVICES".

IN NO EVENT WILL QUIPLY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur we in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your account violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

9) Third party software

The software you download consists of a package of components, including certain third party software ("Third Party Software" and together with the App, the "Package") provided under separate license terms (the "Third Party Terms"). Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software.

10) Modifications to the Service

quiply reserves the right at its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that quiply will not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.

11) Consent to electronic communications

By using the Service you agree that we may communicate with you electronically regarding administrative, security and other issues relating to your use of the Service. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at contact@quiply.me.

12) Suspension and/or Termination

If quiply believes that a posting you have made violates these Terms, quiply may remove that post without prior notification. Since posts are anonymous, we may not be able to notify you directly. If one of your posts is removed, please feel free to contact us at contact@quiply.me for an explanation.

quiply may suspend and/or terminate your rights with respect to the Service for any reason or for no reason at all and with or without notice at quiply’s sole discretion. Suspension and/or termination may include restricting access to and use of the App. If your rights with respect to the Service are suspended and/or terminated, you agree to make no further use of the Service during suspension or after termination. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.

The Terms relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Controlling Law and Severability shall survive termination. You also agree that any breach or violation by you of any of these Terms will cause quiply irreparable damage, for which monetary damages would be inadequate, and you consent to quiply obtaining injunctive or equitable relief, without being required to post a bond, if quiply seeks such relief under the circumstances. Such injunctive or equitable would be in addition to any other remedies that quiply might have at law.

13) Governing law and arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH QUIPLY AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM QUIPLY.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and quiply agree to consult and negotiate with each other and, recognizing your mutual interests, attempt to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Portland, Oregon. We both give up our right to litigate our disputes and may not proceed to arbitration without first attempting mediation, except that you and quiply are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and quiply will not commence against the other a class action, class arbitration or other representative action or proceeding.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Portland, Oregon. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding upon the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

14) DMCA copyright policy

(a) Notice

If you are a copyright owner or an agent thereof and believe that any content available on our Service infringes your copyrights, you may, pursuant to the Digital Millennium Copyright Act (DMCA), notify our Copyright Agent by providing the following information in writing (see 17 U.S.C § 512(c)(3)):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that a failure to comply with all of the above requirements will result in an invalid notification. If you knowingly misrepresent that content on the Service is infringing, you may be subject to significant civil penalties, which may include monetary damages, court costs, and attorneys’ fees incurred by us, by any copyright owner, or by an copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation.

quiply’s designated Copyright Agent to receive notifications of claimed infringement is:

quiply DMCA Agent
2373 NW 185th Avenue, #511
Hillsboro, OR 97124
email: contact@quiply.me

(b) Counter-notice

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to other law, to submit the content to quiply, you may send a counter-notice containing the following information to the Copyright Agent:

  1. Your physical or electronic signature;
  2. Identification of the content that was removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number and e-mail address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, quiply may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at quiply’s sole discretion.

(15) NOTICE REGARDING APPLE

While you may be subject to certain terms and conditions with Apple, Inc. by using Apple’s App Store or other products, these Terms of Service are specifically between You and quiply. Your use of the quiply Service is governed solely by these terms.

Notwithstanding any terms to the contrary in these Terms of Service, the following additional terms will apply to the download of the App for use on the iPhone or iPad:

You and quiply acknowledge that the terms are solely between You and quiply, and not with Apple, Inc. ("Apple"), and that quiply, not Apple, is solely responsible for the Service, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone App Store ("App Store"). You agree to pay all fees charged by the App Store in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of these Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.

(16) Scope of License

The license granted to you is limited to a non-transferable license to use the App on any iPhone that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

(17) Maintenance and support

quiply is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

(18) Warranty

You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of quiply. However, you understand and agree that in accordance with these Terms, quiply has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.

(19) Product claims

You and quiply acknowledge and agree that as between Apple and quiply, quiply, not Apple, is responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(20) Intellectual property rights

You and quiply acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, quiply, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

(21) Legal compliance

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(22) Developer name and address

Any end user questions, complaints or claims with respect to the App should be directed to:

quiply Inc.
2373 NW 185th Avenue, #511
Hillsboro, OR 97124
email: contact@quiply.me

(23) Third party beneficiary

The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against you as a third party beneficiary thereof.