Terms and Conditions
Terms of Use
These Terms and Conditions (these “Terms”) set forth the legally binding terms and conditions that govern your use of the service (as defined in the Legal Notice).
By accessing or using the service, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).
IF YOU DO NOT AGREE TO ANY PROVISION OF THESE TERMS YOU MUST DISCONTINUE THE USE OF THE SERVICE AND DELETE YOUR PROFILE AND YOUR USER DATA IN THE APPLICATION, IF ANY.
Registration
You must register, and provide certain information about yourself and/or your company as prompted by the account registration form, to use the application and its additional services. You represent and warrant that:
(a) all required registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information.
You are responsible for maintaining the confidentiality of your login information and are fully responsible for all activities that occur under your Profile and Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Profile or Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Free Trials
From time to time, we may offer a free trial of the service, at our sole discretion. Any such offer is occasional and optional: it may be limited in duration, scope or eligibility, may be subject to additional conditions stated at the time of the offer, and may be modified, suspended or withdrawn for new accounts at any time, with or without notice. The availability of a free trial at any time does not entitle you to a free trial at any other time. To continue using the service after a free trial ends, you must subscribe to a paid plan. These Terms apply in full during any free trial.
User License
Upon registration in the application, each user is granted a non-exclusive, non-transferable, revocable license (the license) to use the service.
The rights granted to the user in these Terms are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise exploit the service, in whole or in part, to offer the service, or a service based on it, to third parties;
(b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the service;
(c) you shall not access the service in order to build a similar or competitive website, product, or service; and
(d) except as expressly stated herein, no part of the websites and applications may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the service shall be subject to these Terms. All copyright and other proprietary notices on the service (or on any content displayed) must be retained on all copies thereof.
Support is provided as described for your subscription plan on the Pricing page. Beyond that, we have no obligation to provide you with any support or maintenance in connection with the service.
We reserve the right, at any time, to modify, suspend, or discontinue the service (in whole or in part) with or without notice to you.
You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the service or any part thereof.
User Data
User Data refers to any and all information and content that a user submits to, or uses with, the application and additional services (e.g., tasks, notes, etc.).
You retain all rights, title and interest in your User Data. We claim no ownership of it, and you grant us only the limited right to store, process and display it as needed to provide the service to you.
You are solely responsible for your User Data. You assume all risks associated with use of your User Data, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Data that personally identifies you or any third party. You hereby represent and warrant that your User Data does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Data is in any way provided, sponsored or endorsed by the Company. Since you alone are responsible for your User Data, you may expose yourself to liability if, for example, your User Data violates the Acceptable Use Policy. We are not obligated to backup any User Data. Your User Data may be deleted upon termination of your Account in accordance with these Terms, or at your own request. You are solely responsible for creating and maintaining your own backup copies of your User Data if you desire.
Each user is solely responsible for any and all of its own User Data. Since we do not control User Data, you acknowledge and agree that we are not responsible for any User Data, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Data. Your interactions with other users are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.
Acceptable Use Policy
You agree not to use the application and additional services to store, transmit or distribute any User Data that:
(i) infringes the rights of any third party, including any copyright, trademark, trade secret, privacy right or other intellectual property or proprietary right;
(ii) is unlawful, or is intended to harass, threaten, defraud or harm any person; or
(iii) contains viruses, malware or any code intended to damage or alter a computer system or data.
In addition, you agree not to:
(iv) send unsolicited or unauthorized advertising, spam or other duplicative messages through the application;
(v) interfere with, disrupt or place an undue burden on the servers or networks connected to the service;
(vi) attempt to gain unauthorized access to the service, to other users’ accounts or User Data, or to any connected system or network; or
(vii) use software, automated agents or scripts to create accounts on the application, or to access, scrape, mine or collect any data from the application or the website other than your own User Data. Automated creation of, or access to, your own User Data by any means other than the application’s own features requires our prior written permission, which you may request at info@taskquark.com. Operators of public search engines may index the website’s public pages, subject to our robots.txt file.
Where a plan includes an unlimited number of tasks, notes, projects or any other item, “unlimited” means that we set no fixed number for the normal use of the application, for the purposes the application is designed for. It does not cover use that places an undue burden on the service, as described in (v) above, and it remains subject to any storage size stated for the plan. If your use goes beyond normal use, we can contact you or we may limit that use until the situation is resolved.
In case of a violation of these Terms, or where we are required to do so by law or by a lawful request from a competent authority, we reserve the right to refuse or remove the User Data concerned, to investigate, and to take appropriate action against you, including terminating your Account in accordance with these Terms and reporting you to law enforcement authorities. We do not otherwise review User Data.
Release
You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature that arises directly or indirectly out of, or relates to, your interactions with other users of the service or User Data provided by other users.
Indemnification
You agree to indemnify and hold the Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of:
(a) your violation of these Terms,
(b) your violation of applicable laws or regulations or
(c) your User Data.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimer
THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE FEES YOU HAVE PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY US DOLLARS, WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Changes
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our services or on our social network accounts. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the service. We may suspend or terminate your rights to use the service (including your Profile and Account) at any time for any reason at our sole discretion, including for any use of the service in violation of these Terms.
Upon termination of your rights under these Terms, your Account and right to access and use the service will terminate immediately. You understand that any termination of your Account may involve deletion of your User Data associated with your Profile or Account from our live databases. We will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Data.