Welcome to quintly.com, a web based subscription service from SMT Social.Media.Tracking GmbH (hereinafter “QUINTLY”, “we” or “us”). These Terms of Service govern your use of the QUINTLY software and any additional services offered by or available from QUINTLY (the “Services”). Please read these Terms of Service carefully.

YOUR ACCESSING OF THIS WEB SITE AND USE OF THE SERVICES SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF SERVICE AND YOU CONSENT TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”) DISCLOSED HEREIN. YOU AND QUINTLY INTEND THAT THIS IS A BINDING LEGAL AGREEMENT. IF YOU DO NOT AGREE WITH ANY OR ALL OF THESE TERMS, DO NOT USE THE SERVICES. VIOLATION OF THESE TERMS OF SERVICE WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO THE SERVICES.

1. CHANGES TO THE TERMS OF SERVICE

We may change these Terms of Service at any time. You can review the most current version of these terms by clicking on the “Terms of Service” hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use the Services after we post changes to these Terms of Service, you are signifying your acceptance of the new terms.

2. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT

You agree that we may provide to you required notices, agreements and other information concerning the QUINTLY Services electronically. We will post the notices on the home page of QUINTLY or on the relevant web page of the applicable service.

3. PRIVACY POLICY

The QUINTLY Privacy Policy explains the practices that apply to your information when you use the QUINTLY Services. Your ongoing use of the QUINTLY Services signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the “Privacy Policy” link located on the home page of quintly.com.

4. CHANGES TO QUINTLY

We may discontinue or change any service or feature of QUINTLY at any time, provided we provide you with not less than fourteen (14) days prior notice.

5. SERVICE TERMS

You may use the QUINTLY Services for lawful, authorized purposes and only in accordance with these Terms of Service.

  • You must be 13 years or older in order to use the Services
  • You must provide your full legal name, a valid email address and other information we request in order to complete the signup process.
  • Your login may only be used by you. You may not share your log in with anyone else. Additional, separate logins are available through the Service.
  • You are responsible for maintaining the security of your account and password. QUINTLY accepts no responsibility or liability for any loss or damage arising from your failure to comply with this security obligation.
  • You are responsible for all of the content posted and activity that occurs under your account.
  • One person or legal entity may NOT maintain more than one free account.
  • You may not submit any material, or otherwise engage in any conduct that:
    • Impersonates any person, business or entity, including QUINTLY and its employees and agents;
    • Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
    • Encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
    • You may not use the QUINTLY Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the QUINTLY services.
    • You may not attempt to gain unauthorized access to any QUINTLY Services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

6. LICENSE TO USE QUINTLY

License Grant

QUINTLY grants to you (either to you individually or the company for whom you work) a non-exclusive, limited license to access one copy of the QUINTLY Services solely for your own personal or business purposes on a computer during the period of time or session where you interact with the QUINTLY Services (whether by means of a laptop computer, standard computer or a workstation attached to a multi-user network (a “Computer”). QUINTLY reserves all rights not expressly granted herein.

Ownership

QUINTLY or its licensors are the owner of all right, title, and interest, including copyright, in and to the QUINTLY Services. Copyright to the individual programs available through QUINTLY (the “Software”) which in turn are used to deliver the QUINTLY Services to you are either owned by QUINTLY or its licensors. Ownership of the Software and all proprietary rights relating thereto remain with QUINTLY and its licensors.

Restrictions on Use and Transfer

You may use only that copy of the QUINTLY Services associated with your account.

You may not:

  • rent or lease the QUINTLY Services;
  • transfer QUINTLY Services;
  • copy or reproduce the QUINTLY Services through a LAN or other network systems or through any computer subscriber system or computer network bulletin-board system;
  • modify, adapt, copy or create derivative works based on the QUINTLY Services; or
  • reverse engineer, decompile or disassemble the QUINTLY Services.

Disclaimer of Warranties

We provide QUINTLY “as is” and “as available” and you use the QUINTLY service at your own risk. We make no express warranties or guarantees about QUINTLY. TO THE EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS DISCLAIM IMPLIED WARRANTIES THAT QUINTLY AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH QUINTLY ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT QUINTLY WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF QUINTLY, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE QUINTLY (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QUINTLY REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change depending upon the jurisdiction in which the Software is utilized.

Remedies

YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE OR SERVICE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF QUINTLY. IN NO EVENT SHALL OUR LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF QUINTLY EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON QUINTLY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES, STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

7. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of QUINTLY. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

8. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

You agree that the laws of New York, New York, United States or Cologne, Germany, as determined by Licensor in its sole discretion, govern this contract and any claim or dispute that you may have against us, without regard to conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved exclusively by a court located in New York, New York, United States or Cologne, Germany, at Licensor’s sole discretion and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, COURTS IN NEW YORK, NEW YORK, UNITED STATES OR COLOGNE, GERMANY, AT LICENSOR’S SOLE DISCRETION, OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE JURISDICTION PROVIDED ABOVE FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

General

This Agreement constitute the entire understanding between you and QUINTLY and supersedes all prior agreements, whether oral or written, between us and may not be modified or amended except in a written document signed by both parties and which specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this Agreement are held by a court or tribunal of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, each and every other provision shall continue to apply and remain in full force and effect.

9. COPYRIGHT AND CONTENT OWNERSHIP

We claim no intellectual property rights over the material you provide to the Service. Your profile and the materials you upload are yours. We do not pre-screen any content, however, we retain the right, but not the obligation, in our sole discretion, to refuse or remove any content that violates this Terms of Service Agreement.

10. SEVERABILITY AND INTEGRATION

This Terms of Service contract and any supplemental terms, policies or rules on the QUINTLY website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

11. PAYMENTS

Subject to any amendment to this agreement, the Service is available in a free and in several paid versions. The prices and payment of the paid versions are based on the current price list which you can view at the http://www.quintly.com website.

QUINTLY has the right to change prices and terms of payment for the Service from time to time. QUINTLY will inform you about changes in prices or terms of payment via the website. The change in prices and payment will be made, however, at the expiry of the actual agreed contract period. Your continued use of the Service after such knowledge is taken as acceptance of those changes.

Unless otherwise agreed, all prices are in USD or EUR. Upon termination, all outstanding claims will become immediately due and – if this applies to you – will be collected via your account agreed recovery method.

Downgrading your Service may cause the loss of content, features, or capacity of your account. QUINTLY does not accept any liability for such loss.

12. TERMINATION

The minimum term for this agreement is listed in the pricelist on the QUINTLY website. If you do not cancel your subcription with the Service, the term will automatically be extended by the minimum term. Your right to use QUINTLY automatically terminates at the end of the term of our agreement and earlier if you violate these Terms of Service in connection with your use of QUINTLY. We reserve the right, in our sole discretion, to terminate your access to all or part of QUINTLY, in the event of you breach these Terms of Service, with or without notice.

You are solely responsible for properly cancelling your account. You can cancel your account at any time by written notice as follows:

SMT Social.Media.Tracking GmbH
Im Klapperhof 7-23
50670 Köln
Germany
Fax Number:. +49 22 1 – 67 77 58 10
E-mail: info@quintly.com

All of your content will be immediately deleted from the Services upon cancellation. This information can not be recovered once your account is cancelled. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. QUINTLY, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other QUINTLY service, for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. QUINTLY reserves the right to refuse service or the Services to anyone for any reason at any time.