Terms of Service

1. Eligibility and accounts

You must be able to form a binding contract in your jurisdiction to use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization. You are responsible for safeguarding your account credentials and for all activity under your account. Notify us promptly if you suspect unauthorized access.

2. License to the software

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Qwicut application for your personal or internal business purposes, in accordance with any documentation we provide. You may not copy, modify, distribute, sell, lease, or reverse engineer the Services except where applicable law prohibits such restrictions.

3. Acceptable use

You agree not to:

• Use the Services in violation of law or third-party rights, including intellectual property and privacy rights.
• Attempt to probe, scan, or test the vulnerability of our systems, or breach security or authentication measures.
• Use the Services to generate or distribute malware, spam, fraudulent content, or unlawful, harmful, or hateful material.
• Interfere with or disrupt the Services or servers or networks connected to the Services.
• Use automated means to access the Services in a way that sends more requests than a human could reasonably produce in the same period, except with our prior written consent.

4. Your content

You retain ownership of text and other materials you submit to the Services ("User Content"). To operate and improve the Services, you grant us a worldwide, non-exclusive license to use, host, store, reproduce, and process User Content solely as necessary to provide the Services and as described in our Privacy Policy. You represent that you have all rights needed to grant this license. We may use third-party providers (including AI or cloud infrastructure) to process User Content as part of delivering the Services.

5. Third-party services and AI outputs

The Services may integrate with or rely on third-party services, models, or platforms. Your use of those services may be subject to separate terms. Outputs from AI-assisted features are generated automatically and may be inaccurate or incomplete. You are responsible for reviewing and using outputs appropriately. We do not warrant that outputs will meet your requirements or be error-free.

6. Changes, suspension, and termination

We may modify, suspend, or discontinue the Services (in whole or in part) at any time. We may suspend or terminate your access if you violate these Terms or if we reasonably believe suspension is necessary to protect the Services or other users. Upon termination, your right to use the Services ceases; provisions that by their nature should survive will survive.

7. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL QWICUT OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100), IF YOU HAVE NOT PAID US. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Indemnity

You will defend, indemnify, and hold harmless Qwicut and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your User Content, your use of the Services, or your violation of these Terms or applicable law.

10. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict-of-law rules, unless mandatory local law requires otherwise. You agree that the courts located in Delaware will have exclusive jurisdiction for disputes arising from these Terms or the Services, subject to any rights you may have under mandatory consumer protection laws in your country of residence.

11. Changes to these Terms

We may update these Terms from time to time. We will post the revised Terms on this page and update the "Last updated" date. If changes are material, we will provide additional notice as appropriate (for example, via the app or email). Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

12. Contact

For questions about these Terms, contact us at legal@qwicut.com.