Digital Delivery and File Sharing. The Easy Way.
Terms of Service
By using the quixly.com web site ("Service"), a service of Valio, Inc. ("Valio"), you are agreeing to be bound to the following terms and conditions ("Terms of Service").
Valio reserves the right to update and change the Terms of Service at their discretion without notice. Any new features in excess to the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.quixly.com/terms
Violation of any of the terms below will result in immediate termination of your Service account.
- Accounts registered by automated methods are not permitted and will be deleted immediately without notice.
- You must provide your legal full name, a valid email address, and any other pertinent information requested in order to complete the signup process.
- Your login may only be used by one (1) person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
- You are responsible for maintaining the security of your account and password. Valio cannot and will not be liable for any loss of information or security breaches that result from your failure to comply with this security obligation.
- You are hereby considered fully responsible for all content posted and any and all activity that occurs under your account, even when certain content is posted by others who have accounts under your account.
- You may not use the Service for any illegal activities. You must not, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- One person or legal entity may not maintain more than one free account.
Customers may access their Quixly Service account via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Quixly, is bound by the terms of this agreement in addition to the following specific terms:
- You expressly understand and agree that Valio shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Valio has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data or post data via the API.
- Abuse or excessively frequent requests to Quixly via the API may result in the temporary or permanent suspension of your account's access to the API. Valio, in it's sole discretion, will determine abuse or excessive usage of the API. Valio will make a reasonable attempt via email to warn the account owner prior to suspension.
- Valio reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Upgrading, Downgrading and Refunds Terms
- A valid credit card is required for paying accounts. A credit card is not required upon initial sign up.
- The Service bills in advance on a monthly basis for the "Self-Hosted" plan and at the end of each billing cycle for the "Pay As You Go" plan, and is non-refundable. There will be no refunds or credits or upgrade/downgrade refunds. We will not make any exceptions, however extreme the circumstance.
- If you sign up for the "Pay As You Go" plan, you will be charged based on your average daily storage usage and your actual daily bandwidth usage during each month.
- You are responsible for correctly maintaining and understanding the "Price Cap" feature in the "Pay As You Go Plan". Valio cannot and will not be liable or offer any refunds for any mis-use or over-charges that result from your failure to properly manage the "Price Cap" feature.
- If you initially sign up for the "Self-Hosted" plan, your Service will be temporarily canceled after the fourteen (14) day Free period if you do not provide a valid credit card. Once you provide a valid credit card it will be immediately charged after the fourteen (14) day Free period.
- If you Downgrade from the "Pay As You Go" to the the "Self-Hosted" plan, you will not be eligible for the fourteen (14) day Free period. In addition, you will immediately be charged the "Self-Hosted" plan rate as well as the current balance from the "Pay As You Go" plan.
- If you Upgrade from the "Self-Hosted" plan to the the "Pay As You Go" plan, the "Pay As You Go" price structure will immediately begin after you Upgrade.
- All fees exclude any taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- Valio does not accept any liability for such loss of content due to upgrading or downgrading your plan.
Cancellation and Termination
- It is your responsibility to ensure that your account has been properly cancelled. An email requesting an account to be cancelled is not considered a cancellation. You can cancel your account at any time by selecting the "Account" tab from within Quixly.
- All of your Content will be immediately deleted from the Service should you initiate cancellation. This information can not be recovered once your account is cancelled.
- Your cancellation will be effective immediately once initiated. You will not be charged again from that point forward.
- Valio 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. Valio, in their sole discretion, reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Valio reserves the right at any time, with or without notice, to modify or discontinue the Service, temporarily or permanently.
- Valio reserves the right to change the prices of any and all Services upon 30 days notice.
- Valio shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- Valio claims no intellectual property rights over the material you provide to the Service. The materials you upload remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- Valio does not pre-screen Content, but Valio has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- Your use of the Service is at your own risk. The service is provided on an "as is" and "as available" basis.
- Technical support is available to paying account holders and is only available via our website.
- You acknowledge and understand that Valio uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Valio, or any other Valio service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
- We may remove Content and Accounts containing Content that we determine in our sole discretion are violating the Terms of Service, including but not limited to content deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, explicitly obscene, generally objectionable or violating any party's intellectual property.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Valio employee, member, or officer will result in immediate account termination and potential criminal charges.
- You must not upload, post, host or transmit any worms, viruses or any other code of a destructive and furtive nature.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- Valio shall not be liable to you or to any third party for outages, downtime, connection issues, or unavailability of files or data stored on any server (your's or third party) when using the "Self-Hosted" Service plan.
- Valio does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Valio shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Valio has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (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 service; (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 the service.
- The failure of Valio to aggressively enforce any right or provision of the Terms of Service shall not be construed as a waiver of such right or provision. The Terms of Service outlines the entire agreement between you and Valio and supersedes any prior agreements between you and Valio including prior iterations of the Terms of Service.
Valio ID Terms
- In addition to the Quixly Terms of Service, you agree to the Valio ID Terms of Service found here: Valio ID Terms of Service.
- Valio ID is Valio, Inc's secure authentication service that powers Quixly.