TERMS & CONDITIONS
Thanks for using QuoDeck! We’re happy you’re here. Please read these Terms of Service (“Terms”) carefully before accessing or using QuoDeck. Because this is an important contract between us, we have tried to make it as clear as possible. For your convenience, we’ve presented a short version or a TLDR in a non-binding summary at the start of each section, followed by the full legal terms.
By registering or using our Services, you agree to be bound by the Terms.
If you are using QuoDeck or Websites on behalf of an organization, you are agreeing to the Terms for that organization (in which event, “you”, or “your” will refer to that organization), and representing to QuoDeck that you have the authority to bind that organization to the Terms unless that organization has a separate written contract in effect with us (an “Agreement”), in which case the Terms will govern your use of QuoDeck; but if there is any conflict between the Terms and an Agreement, the provisions of the Agreement shall prevail. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE QUODECK.
We may, in our sole discretion, modify the Terms of Service via email or by posting notice on any part of QuoDeck or on the Website. The “Last Updated” date at the top the Terms indicates when the latest modifications were made to the Terms. By continuing to access and use QuoDeck, you agree to any such modifications. In addition, when using particular services or features, you may be subject to any posted guidelines or policies applicable to these specific services or features that may be posted from time to time, including but not limited to the Privacy Policy included below. All such guidelines or policies are incorporated by reference into these Terms.
If you have any comments or questions regarding the Terms, or wish to report any violation of the Terms, you may contact us at legal@quodeck.com
1. What is this?
1.1. Let’s first introduce ourselves. QuoDeck is a cloud hosted, training platform that helps onboard, train and engage audiences through the use of entertainment mechanics like games and gamification. You add others to the platform to consume training content and information (collectively “Users”).
QuoDeck typically stores the events / logs related to User’s use of the platform and services. QuoDeck also stores Your Content and User Data.
1.2. Definitions
TLDR: We use these basic terminologies throughout these Terms, and they have specific meanings. This section is to clarify what these mean in the context of the Terms you’re reading. Basically, so we are all on the same page!
An “Account” represents your legal relationship with QuoDeck. Your “Personal Account” represents an individual user’s authorization to log in to and use QuoDeck, and serves as a User’s identity on QuoDeck. “Training Platforms” are shared spaces where multiple users can access and consume Your Content, and generate User Data. A Personal Account can be a member of any number of Training Platforms.
“Account-Related Information” means contact information and biographical information about Users and other stakeholders that may be used for marketing, opening new User accounts to use QuoDeck, and to maintain existing accounts.
“Agreement” refers collectively to all the terms and conditions, notices within or referred to in this document (“Terms”), and all other operating rules, policies and procedures that we may publish from time to time on our Website. Most of our site policies are available at http://legal.quodeck.com.
“Beta Previews” means software, services or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meaning.
“Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “Your Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
“QuoDeck”, “Our”, “Us” and ‘We” refers to QuoDeck Technologies PLC, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents and employees.
“Services” refers to the applications, software, products and services provided by QuoDeck, including any Beta Previews.
The “User”, “You”, and “Your” refers to the individual person, company or organization that has visited or is using the Website or Services; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government Accounts.
The “Website” refers to QuoDeck’s website located at quodeck.com, and all content, services, and products provided by QuoDeck at or through the Website. It also refers to QuoDeck-owned subdomains of quodeck.com. These Terms also govern product websites, such as gamiquo.com. Occasionally, websites owned by QuoDeck may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
2. Account Terms
TLDR: Personal Accounts and Training Platforms have different administrative controls; a human must create your account; you must be 13 or over; you must provide a valid email address; and you may not have more than one account with us. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.
2.1 Account Controls.
Users - Subject to these Terms, you retain ultimate administrative control over your Personal Account and the Content within it.
Training Platforms - The "owner" of a Training Platform that was created under these Terms has ultimate administrative control over that Training Platform and the Content within it. Within the Service, an owner can manage User access to the Training Platforms content. A Training Platform cannot have multiple owners, and is mapped to a single Personal Account designated as an owner of the Training Platform. If you are the owner of a Training Platform under these Terms, we consider you responsible for the actions that are performed on or through that Training Platform.
2.2. Account Requirements
We have a few simple rules for Personal Accounts on QuoDeck
2.3. Account Security
You are responsible for keeping your Account secure while you use our Service. We offer tools such as changing password to help you maintain your Account's security, but the content of your Account and its security are up to you.
2.4. Additional Terms
In some situations, third parties' terms may apply to your use of QuoDeck. For example, you may add videos using YouTube or Vimeo, applications with whom QuoDeck has an integration. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.
If you are a government User or otherwise accessing or using any QuoDeck Service in a government capacity, some additional QuoDeck Terms of Service may apply to you.
If you have signed up for QuoDeck Enterprise, the Master Subscription Agreement applies to you, and you agree to its provisions.
3. User Generated Content
TLDR: You own content you create, but you allow us certain rights to it, so that we can display and share the content on your Training Platform. You have complete control over and responsibility for your content, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.
3.1. Responsibility for User-Generated Content
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
3.2. QuoDeck may remove Content
We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or QuoDeck terms or policies. User-Generated Content displayed on QuoDeck Mobile Apps may be subject to mobile app stores' additional terms.
3.3. Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other QuoDeck Users — certain legal permissions, listed in Sections 3 (3.4) — 4 (3.6). These license grants apply to Your Content. If you upload Content that already comes with a license granting QuoDeck the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections 3 (3.4) — 3 (3.6). The licenses you grant to us will end when you remove Your Content from our servers.
3.4. License Grant to Us
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.
This license does not grant QuoDeck the right to sell or monetize Your Content. It also does not grant QuoDeck the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content, QuoDeck may permit our cloud partners to store and archive Your Content.
3.5. License Grant to Other Users
By inviting other Users to your Training Platform, you grant each invited User a non-exclusive, worldwide license to use, display, and perform Your Content through the QuoDeck Service. You may grant further rights if you adopt a paid license for other plans. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other QuoDeck Users.
3.6. Moral Rights
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section 3.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant QuoDeck the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
4. Intellectual Property
TLDR: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.
4.1. QuoDeck’s Rights to Content
QuoDeck and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, code, or visual design elements or concepts without express written permission from QuoDeck.
5. API Terms
TLDR: You agree to these Terms of Service, plus this section 4, when using any of QuoDeck’s APIs (Application Provider Interface), including use of the API through a third-party product that accesses QuoDeck.
Abuse or excessively frequent requests to QuoDeck via the API may result in the temporary or permanent suspension of your Account's access to the API. QuoDeck, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not share API tokens to exceed QuoDeck’s subscription rate limitations.
You may not use the API to download data or Content from QuoDeck for spamming purposes, including for the purposes of selling QuoDeck users' personal information, such as to recruiters, headhunters, and job boards.
All use of the QuoDeck API is subject to these Terms of Service and the QuoDeck Privacy Statement.
QuoDeck may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of QuoDeck Service.
6. Beta Previews
TLDR: Beta Previews may not be supported, and may be subject to change at any time. You may receive confidential information through those programs that must remain confidential while the program is private. We’d love your feedback to make our Beta Previews better.
6.1. Subject to Change
Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk.
6.2. Confidentiality
As a user of Beta Previews, you may get access to special information that isn’t available to the rest of the world. Due to the sensitive nature of this information, it’s important for us to make sure that you keep that information secret.
Confidentiality Obligations. You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered QuoDeck’s confidential information (collectively, “Confidential Information”), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the “Purpose”), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don’t otherwise prohibit or restrict such disclosure (for example, you might be part of a QuoDeck-organized group discussion about a private Beta Preview feature).
Exceptions. Confidential Information will not include information that is: (a) or becomes publicly available without breach of this Agreement through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from QuoDeck. You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided QuoDeck has been given reasonable advance written notice to object, unless prohibited by law.
6.3. Feedback
We’re always trying to improve of products and services, and your feedback as a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that QuoDeck will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.
7. Payment
TLDR: You are responsible for paying all fees associated with your use of QuoDeck. We are responsible for communicating these fees directly to you clearly and accurately, and letting you know in advance if they are going to change.
7.1. Pricing
Our pricing plans and payment terms are available -https://www.quodeck.com/welcome/pricing.html.
If you subscribe to a specific plan, then that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
7.2. Upgrades, Downgrades, and Changes
We will immediately bill you when you upgrade from the free plan to any paying plan.
If you change from a monthly billing plan to a yearly billing plan, QuoDeck will bill you for a full year at the next monthly billing date.
If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
You may change your level of service at any time by choosing a plan option or going into your Account settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.
7.3. Billing Schedule; No Refunds
For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an Account; however, the service will remain active for the length of the paid billing period, regardless of whether it is used or not. In order to treat everyone equally, no exceptions will be made.
All Users pay online through the payment options offered by QuoDeck through the payment portal or page. User is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on QuoDeck’s net income) that are imposed or become due in connection with this Agreement.
7.4. Authorization
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for QuoDeck.
7.5. Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay QuoDeck the charges incurred in connection with your use of the Service. If you dispute the matter, contact support@quodeck.com. You are responsible for providing us with a valid means of payment for paid Accounts.
8. Cancellation and Termination
TLDR: You can close your Account anytime. If you do, we will treat your information responsibly.
8.1. Account Cancellation
It is your responsibility to properly cancel your Account with QuoDeck. You can cancel your Account writing in with a cancellation request to support@quodeck.com. We will seek confirmation through your registered email address and then do it for you. We are not able to cancel Accounts in response to a phone call or chat message.
8.2. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is cancelled.
Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
8.3. QuoDeck may terminate
QuoDeck has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. QuoDeck reserves the right to refuse service to anyone for any reason at any time.
8.4. Survival
All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Communications with QuoDeck
TLDR: We use email and other electronic means to stay in touch with our Users.
9.1. Electronic Communication Required
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
9.2. Any legal notice to QuoDeck must be in writing
Communications made through email or QuoDeck’s Support's messaging system will not constitute legal notice to QuoDeck or any of its officers, employees, agents or representatives in any situation where notice to QuoDeck is required by contract or any law or regulation. Legal notice to QuoDeck must be in writing and served on QuoDeck’s legal department, with an email copy to legal@quodeck.com.
10. Disclaimer of Warranties
TLDR: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
QuoDeck provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
QuoDeck does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
11. Limitation of Liability
TLDR: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control. QuoDeck provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory,
12. Release and Indemnification
TLDR: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release QuoDeck from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that QuoDeck (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases QuoDeck of all liability); and (3) provides to you all reasonable assistance, at your expense.
13. Changes to these Terms
TLDR: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any material changes and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website, or sending email to the primary email address specified in your QuoDeck account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. You can view all changes to these Terms in our Site Policy repository.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
14. Miscellaneous
14.1. Governing Law
Except to the extent applicable law provides otherwise, this Agreement between you and QuoDeck and any access to or use of the Website or the Service are governed by the laws of the Government of India, without regard to conflict of law provisions. You and QuoDeck agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Mumbai, India.
14.2. Non-Assignability
QuoDeck may assign or delegate these Terms of Service and/or the QuoDeck Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section 3.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
14.3. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
14.4. Severability; No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of QuoDeck to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
14.5. Amendments; Complete Agreement
This Agreement may only be modified by a written amendment signed by an authorized representative of QuoDeck, or by the posting by QuoDeck of a revised version in accordance with Section 13. Changes to These Terms.
These Terms of Service, together with the QuoDeck Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and QuoDeck relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
Questions about the Terms of Service? Contact us @ legal@quodeck.com.