1. Agreement to Terms
By accessing or using Quowski ("the Platform"), you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access our platform.
2. Definitions
- "Platform" refers to Quowski.com and all related services
- "User," "You," "Your" refers to the person or entity using our services
- "Content" refers to text, images, data, and other materials uploaded to the platform
- "SMS" refers to text messages sent through our platform
3. Account Registration
3.1 Eligibility
You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our services.
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use
4. Acceptable Use
4.1 Prohibited Activities
You agree not to use the Platform for:
- Spam: Sending unsolicited commercial messages
- Illegal Content: Promoting illegal activities or substances
- Harassment: Threatening, abusive, or harassing behavior
- Fraud: Phishing, scamming, or deceptive practices
- Violence: Inciting violence or hate speech
- Adult Content: Pornography or adult entertainment
- Malware: Distributing viruses or malicious code
4.2 SMS Compliance
You must comply with all applicable laws including:
- Telephone Consumer Protection Act (TCPA)
- General Data Protection Regulation (GDPR)
- Canadian Anti-Spam Legislation (CASL)
- Other relevant local and international regulations
5. Message Content and Consent
5.1 Consent Requirements
You represent and warrant that:
- You have obtained proper consent from all message recipients
- You maintain records of consent for legal compliance
- You honor opt-out requests immediately
5.2 Prohibited Message Types
You may not send messages containing:
- Loan or credit offers
- Adult content or dating services
- Gambling or casino promotions
- Pyramid schemes or multi-level marketing
- Pharmaceutical offers
- Hate speech or discriminatory content
6. Payment Terms
6.1 Fees
- Fees are based on your selected plan and usage
- All fees are exclusive of applicable taxes
- We reserve the right to change prices with 30 days' notice
6.2 Billing
- Payments are due in advance for subscription services
- Usage-based fees are billed in arrears
- Late payments may result in service suspension
6.3 Refunds
All fees are non-refundable except as required by law or at our sole discretion.
7. Intellectual Property
7.1 Our Rights
We own all intellectual property rights in the Platform, including:
- Software code and algorithms
- User interface and design
- Documentation and materials
- Branding and trademarks
7.2 Your Content
You retain ownership of content you upload, but grant us a license to process it for service delivery.
8. Termination
8.1 By You
You may cancel your account at any time through your dashboard.
8.2 By Us
We may suspend or terminate your account for:
- Violation of these terms
- Non-payment of fees
- Illegal or abusive behavior
- Any reason with 30 days' notice
9. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE:
- Uninterrupted or error-free service
- Specific delivery times for messages
- Accuracy of message delivery reports
- Compatibility with all mobile carriers
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:
- Indirect, incidental, or consequential damages
- Lost profits or revenue
- Data loss or corruption
- Messages not delivered or delayed
- Damages exceeding the amount paid to us in the past 6 months
11. Indemnification
You agree to indemnify and hold harmless Quowski and its affiliates from any claims, damages, or losses arising from:
- Your use of the platform
- Your violation of these terms
- Your violation of any laws or third-party rights
- Content you send through our platform
12. Privacy
Your use of the Platform is governed by our Privacy Policy, which is incorporated into these terms by reference.
13. Third-Party Services
13.1 Integrations
The Platform may integrate with third-party services. We are not responsible for:
- The availability or functionality of third-party services
- The terms or privacy practices of third parties
- Any damages caused by third-party services
13.2 Android Devices
You are responsible for:
- Providing and maintaining Android devices
- Ensuring devices have adequate service plans
- Complying with device manufacturer terms
14. Modifications to Terms
We reserve the right to modify these terms at any time. We will provide notice of material changes through:
- Email notification to registered users
- Prominent notice within the platform
- Updated "Last Updated" date
15. Governing Law
These terms shall be governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law provisions.
16. Dispute Resolution
16.1 Informal Resolution
We prefer to resolve disputes informally. Please contact us first at [support email].
16.2 Binding Arbitration
Any disputes not resolved informally shall be resolved through binding arbitration in accordance with [Arbitration Rules/Organization].
17. Miscellaneous
17.1 Entire Agreement
These terms constitute the entire agreement between you and Quowski regarding the Platform.
17.2 Severability
If any provision of these terms is held invalid, the remaining provisions will remain in effect.
17.3 No Waiver
Our failure to enforce any right or provision shall not be considered a waiver of those rights.
18. Contact Information
For questions about these Terms and Conditions, please contact us:
Email: admin@quowski.com