Quantac designs products and tools that track alcohol consumption to empower and inspire users to lead healthier lives. These Terms of Service (“Terms”) govern your use of our personal electronic body monitoring products, our websites, including http://www.quantac.co, the software embedded in Quantac devices, the mobile applications, memberships and other Quantac services (collectively, the “Quantac Service”).
You must accept these Terms to create a Quantac account and to use the Quantac Service. If you do not have an account, you accept these Terms by visiting www.quantac.co or using any part of the Quantac Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.QUANTAC.CO OR USE THE QUANTAC SERVICE.
These Terms May Change
These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on http://www.quantac.co. We will notify you by email, through the Quantac Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Quantac Service after a modification is posted, you are telling us that you accept the modified terms.
Who Can Use Quantac?
You may use the Quantac Service if you are of the legal drinking age in your country of residence and are not barred from receiving services under applicable law. You may connect to the Quantac Service using a device that is manufactured, distributed, or sold by or on behalf of Quantac, the Quantac mobile applications, or other Quantac software, approved third-party applications, or http://www.quantac.co (“Authorized Connections”). You may not connect to the Quantac Service with any device that is not manufactured, distributed, or sold by or on behalf of Quantac (such as a knock-off or counterfeit version of a Quantac Product), otherwise intends to resemble or purports to be a Quantac Product, or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Quantac Service.
Creating an Account
Full use of the Quantac Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. Quantac is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the Quantac Service. These communications are part of the Quantac Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
Full use of the Quantac Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Quantac Service and it is your responsibility to ensure the equipment’s functionality. Quantac is not responsible for the maintenance, security, or functionality of this equipment and is not responsible for the performance of the Quantac Service as affected by this equipment.
Posting Your Content On The Quantac Service
You may post personal content (“Your Content”) to the Quantac Service. You retain all rights to Your Content that you post to the Quantac Service. By making Your Content available on or through the Quantac Service you grant to Quantac a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the Quantac Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Quantac Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
“Quantac Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Quantac Service to you. Except for Your Content, Quantac Content, the Quantac Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Quantac Service.
What You Can Do On The Quantac Service
The Quantac Service is intended for your personal, non-commercial use.
Quantac grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Quantac Content, (2) access and use the software and mobile applications provided by the Quantac Service, and (3) use the software that is embedded into Quantac products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Quantac Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Quantac Content, Quantac Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Quantac or its licensors, except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do On The Quantac Service
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Quantac Service: (1) use, display, mirror or frame the Quantac Service or any individual element within the Quantac Service, Quantac’s name, any Quantac trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Quantac’s express written consent; (2) access or tamper with non-public areas of the Quantac Service, Quantac computer systems, or the technical delivery systems of Quantac’s providers; (3) test the vulnerability of any Quantac system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Quantac or any of Quantac’s providers or any other third party (including another user) to protect the Quantac Service or Quantac Content; (5) access the Quantac Service or Quantac Content through the use of any mechanism other than through the use of an Authorized Connection, Quantac Service or Quantac API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Quantac provides to you or any other part of the Quantac Service.
Our Enforcement Rights
We are not obligated to monitor access or use of the Quantac Service, Quantac Content, or Your Content or to review or edit any Quantac Content or Your Content, but we have the right to do so for the purpose of operating the Quantac Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Quantac Service, any Quantac Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Quantac Content, Your Content, or your use of the Quantac Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Quantac Service.
Use The Quantac Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Quantac Service, but we make no endorsement, representation or warranty of any kind about any Quantac Content, information, services or recommendations. The accuracy of the data collected and presented through the Quantac Service is not intended to match that of medical devices or scientific measurement devices and the data Quantac collects is not admissible in a court of law.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Quantac Service. If you rely on any Quantac Content or the Quantac Service, you do so solely at your own risk.
Quantac is not responsible for your drinking behavior while you are or are not using the Quantac Service. Quantac makes no claims regarding Blood Alcohol Content, impairment, or your ability to use heavy machinery or operate a motorized vehicle.
Consult Your Doctor Before Using The Quantac Service
The Quantac Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Quantac Service. If you experience a medical emergency, stop using the Quantac Service and consult with a medical professional.
Prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. To reduce irritation, follow four simple wear and care tips: (1) Keep it clean; (2) keep it dry; (3) don’t wear it too tight, and (4) give your wrist a rest by removing the band for an hour after extended wear. If you notice any skin irritation, remove your device. If symptoms persist longer than 2-3 days after removing the device, consult your doctor.
Use Common Sense
Use of the Quantac Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your Quantac product or service.
Quantac respects copyright law and expects its users to do the same. It is Quantac’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.
Feedback And Submissions Policy
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Quantac, or obtained from sources other than you.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Quantac and its partners. It is your responsibility to carefully review those terms and conditions.
You Agree to Receive Alerts And Notifications
As part of your use of the Quantac Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
We Are Not Responsible For Third-Party Links On The Quantac Service
The Quantac Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Quantac’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
Quantac Does Not Control Third-Party Services That You Link With Your Quantac Account
Changes To The Quantac Service
Quantac may change or discontinue, temporarily or permanently, any feature or component of the Quantac Service at any time without notice. Quantac is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Quantac Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Quantac products without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. Upon any termination, discontinuation or cancellation of the Quantac Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Quantac Service; Quantac’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The Quantac Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
THE QUANTAC SERVICE AND Quantac CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Quantac Service or Quantac Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Quantac Service or any Quantac Content. You acknowledge and agree that if you rely on any Quantac Content or the Quantac Service, you do so solely at your own risk.
You will indemnify and hold harmless Quantac and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Quantac Service, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation Of Liability
NEITHER QUANTAC, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE QUANTAC SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE QUANTAC SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QUANTAC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL QUANTAC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE QUANTAC SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO QUANTAC FOR USE OF THE QUANTAC SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO QUANTAC, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QUANTAC AND YOU.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Quantac and you regarding the Quantac Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Quantac and you regarding the Quantac Service and Quantac Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Quantac’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Quantac may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Quantac under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Quantac Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Quantac’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Quantac. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.