Terms of Service

Last Updated: July 21, 2024

On behalf of everyone at Quackmate, thank you for using our products! We build them to help you do your best work. Because we don't know every one of our customers personally, we have to lay down some Terms of Service to help keep the ship afloat.

When we say “Company,” “we,” “our,” or “us” in this document, we are referring to Quackmate SL, owner of the Quackmate services.

When we say “Services,” we mean our websites, including quackmate.com, and any product created and maintained by Quackmate SL.

When we say “You” or “your,” we mean the people or organizations that own an account with one or more of our Services.

We may update these Terms of Service (“Terms”) in the future. Whenever we make a significant change to our policies, we will update the date at the top of this page and take any other steps necessary to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times when we don’t exercise or enforce a right or provision of the Terms; however, that doesn’t mean we are waiving that right or provision. These Terms contain a limitation of our liability.

If you violate any of the Terms, we may cancel your account. That’s a broad statement and means you need to place a lot of trust in us. We do our best to deserve that trust by keeping an open door to your feedback.

Account Terms

  1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You are responsible for all content posted and activity that occurs under your account, including content posted by and activity of any users in your account.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

  1. If you are using a free version of one of our Services, it’s really free: we don’t ask for your credit card, and just like for customers who pay for our Services, we don’t sell your data.
  2. For paid Services that offer a free trial, we explain the trial duration when you sign up. After the trial period, you must pay in advance to continue using the Service. If you do not pay, we will freeze your account, making it inaccessible until you make a payment. If your account has been frozen for a while, we will queue it for automatic cancellation.
  3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle will start on the day of the upgrade. For other upgrades or downgrades in plan level, the new rate will begin with the next billing cycle.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to the taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple cancellation link. An email or phone request to cancel your account is not considered a cancellation. If you need help canceling your account, you can always contact us.
  2. All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from the active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
  3. If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again. We do not automatically prorate unused time in the final billing cycle.
  4. We have the right to suspend or terminate your account and refuse any current or future use of our Services for any reason at any time. Suspension means that you and any other users on your account will not be able to access the account or any content in the account. Termination will result in the deletion of your account or your access to your account and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because, statistically speaking, out of the hundreds of thousands of accounts on our Services, at least one is up to something nefarious. There are some things we are firmly against and this clause is how we exercise that stance.
  5. Verbal, physical, written, or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to Service and Prices

  1. When it comes to security, privacy, and customer support, we will continue to maintain any legacy Service. Sometimes it becomes technically impossible to continue with a feature, or we redesign a part of our Services because we believe it could be better, or we decide to close new enrollments for a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
  2. Sometimes we change the pricing structure of our products. When we do, we tend to grandfather in existing customers. However, we may choose to change prices for existing customers. If we do, we will give at least 14 days’ notice and notify you through your registered email address. We may also post a notice about the changes on our websites or within the affected Services.

Uptime, Security, and Privacy

  1. Your use of the Services is at your own risk. We provide these Services “as is” and “as available.” We do not offer service-level agreements for our Services, but we take uptime of our applications seriously.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we will contact the account owner before taking any action, except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We apply encryption for the transmission of data from public Internet.

  4. When you use our Services, you trust us with your data. We take that trust seriously. You agree that Quackmate SL may process your data as described in our Privacy Policy and for no other purpose. We as humans may access your data for the following reasons:

    • To help you with support requests you make. We will ask for your express consent before accessing your account.
    • On rare occasions when an error occurs that stops an automated process midway. We receive automated alerts when these errors occur. When we can fix the issue and restart the automated processing without looking at any personal data, we do so. In rare cases, we have to view a minimal amount of personal data to fix the issue. In these rare cases, our goal is to fix the root cause to prevent the errors from recurring.
    • To safeguard our services, we will review logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an investigation into reports of abuse.
  5. We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
  6. Under the California Consumer Privacy Act (“CCPA”), Quackmate SL is a “service provider,” not a “business” or “third party,” with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms and the Privacy Policy. We do not retain, use, disclose, or sell any of that information for other commercial purposes unless we have your explicit permission. And, conversely, you agree to comply with your requirements under the CCPA and not to use Quackmate Services in a way that violates the regulations.
  7. These Terms incorporate the Quackmate SL Data Processing Addendum (“DPA”) when the EU General Data Protection Regulation (“GDPR”) applies to your use of Quackmate SL services to process Customer Data as defined in the DPA.

Copyright and Content Ownership

  1. All content posted on the Services must comply with EU copyright law.
  2. You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
  3. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Services Adaptations and API Terms

We might offer Application Program Interfaces (“API”s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by these Terms plus the following specific terms:

  1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
  2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity other than time tracking, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
  3. Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent. If you choose to use our Services, thank you for betting on us.

If you have a question about any of these Terms, please contact our Support team.