End-User License Agreement (EULA) for Quixt

Introduction

This End-User License Agreement (“EULA”) is a binding agreement between you (“User” or “You”) and Quixt LLC, a Florida limited liability company with its principal place of business located at 1750 SW 2nd Avenue, Boca Raton, Florida 33432 (“Quixt” or “We”). This EULA governs your use of the Quixt web application, hereinafter referred to as the “App.”

License

Subject to the terms of this Agreement, Quixt grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal or business use. You may not sublicense, transfer, sell, or distribute the App in any way.

User Account

To access certain features of the App, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account information and are liable for any activities that occur under your account. You agree to notify Quixt immediately of any unauthorized use of your account or any other breach of security.

Use of the App

You agree to use the App in accordance with all applicable laws and regulations and for lawful purposes only. You may not use the App to engage in any activities that are illegal, infringe upon the rights of others, or violate this EULA.

Intellectual Property

The App, including all content, features, and functionality, is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the App without the prior written consent of Quixt.

User Content

The App may provide you with the opportunity to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or in the App, including but not limited to text, writings, video, audio, photographs, graphics, comments, feedback, or personal information or other material (collectively, “Content”). You are responsible for your use of the App and for any Content you provide, including compliance with applicable laws, rules, and regulations.

By submitting, posting, or displaying Content on or through the App, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, disclose, adapt, modify, publish, transmit, display, and distribute such Content for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

We do not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content. We are not liable for any statements or representations in your Content provided by you in any area in the App. You are solely responsible for your Content related to the App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content.

We have the right, in our sole and absolute discretion, to edit, redact, or otherwise change any Content; to recategorize any Content to place them in more appropriate locations in the App; and to prescreen or delete any Content at any time and for any reason, without notice. We have no obligation to monitor your Content. Any use of the App in violation of this Agreement may result in, among other things, termination or suspension of your rights to use the App.

Collection and Use of Your Information

You acknowledge that when you download, install, or use the App, Quixt may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this App is subject to our Privacy Policy, which can be found at https://app.quixt.io/legal/privacy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Updates

Quixt may, but is not obligated to, provide support, updates, or upgrades to the App. Quixt reserves the right to cease providing support, updates, or upgrades at any time without notice.

Term and Termination

The term of this Agreement commences when you download/install the App and will continue in effect until terminated as provided herein (the “Term”). You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device. Quixt may terminate this Agreement at any time without notice if it ceases to support the App, which Quixt may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination, all rights granted to you under this Agreement will also terminate, and you must cease all use of the App and delete all copies of the App from your Mobile Device.

Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, QUIXT DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

QUIXT 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 QUIXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE APP.

Indemnification

You agree to indemnify, defend, and hold harmless Quixt and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement. Furthermore, you agree that Quixt assumes no responsibility for the content you submit or make available through this App.

Export Regulation

The App may be subject to United States export control laws. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the United States.

Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.

Governing Law

This Agreement is governed by and construed in accordance with the internal laws of the State of Florida, without regard to its conflict of law principles. Any action or proceeding arising out of or relating to this Agreement shall be instituted in the state or federal courts located within the State of Florida, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Entire Agreement

This Agreement constitutes the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understandings, or statements of any nature made by the parties or any of them, whether oral or written (and, if written, whether or not in draft form), with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties, or representations given or made by any of them in relation to the subject matter of this Agreement, save those expressly set out in this Agreement, and that they shall have no rights or remedies with respect to such subject matter otherwise than under this Agreement, save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of this Agreement shall be effective unless it is in writing and signed by or on behalf of Quixt.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

Contact Information

For general inquiries, complaints, questions, or claims concerning the App or this EULA, please contact:

Last Updated: 11/10/2023

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