QuickSilk Inc (“QuickSilk”) provides customer experience management, website creation and management, content management, web hosting and other Software as a Service (SaaS) subscription services as further described in this Agreement and on the Website under specific subscription plans offered by QuickSilk from time to time. The QuickSilk services are provided through QuickSilk’s SaaS platform via www.QuickSilk.com (the “Website”). This Agreement applies to any one signing up to create an account in order to access and use the QuickSilk services provided under the terms of this Agreement (“You”/”Customer”).
THIS AGREEMENT CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICES SO YOU SHOULD READ IT CAREFULLY BEFORE USING THE SERVICES. EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING A PURCHASE ORDER THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS HEREOF. IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES.
“Customer Data” has the meaning given in Section 4.2;
“Customer Site” means the website Customer builds through use of the QuickSilk Service or imports to the QuickSilk Service using QuickSilk utilities which is hosted on QuickSilk’s servers.
“Documentation” means “how to” user guides and reference materials on the Website for the QuickSilk Service;
“Fees” means the applicable subscription fees payable by Customer to QuickSilk for the right to receive access to the QuickSilk Service and Support Services, all as further described on the Website and in the Documentation;
“Intellectual Property” means all rights in any invention, discovery, improvement, utility model, patent, copyright, trademark, industrial design or mask work right, and all rights of whatsoever nature in computer software and data, Confidential Information, trade secrets or know-how and all intangible rights or privileges of a nature similar to any of the foregoing, in every case in any part of the world whether or not registered, and shall include all rights in any applications and granted registrations for any of the foregoing rights;
“Pattern Data” means non-personally identifiable information, data and reports derived from or compiled through the QuickSilk Service, including but not limited to demographics data, mobility patterns, location data and trend data such as aggregated data and statistics indicating frequency of use and popularity of the services. For greater certainty, Pattern Data is data that does not identify a specific customer or its end users and is data which does not relate to a specific customer’s business (including data relating to a specific customer’s locations that receive the Services).
“QuickSilk Service” means the core QuickSilk Software as a Service (SaaS) offering made available on a subscription-basis through QuickSilk’s proprietary SaaS technology and platform. The QuickSilk Service includes access to free modules and paid-modules for customer experience management, website creation and management, content management, website hosting and other features and functionality made available by QuickSilk from time to time;
“Support Services” means any services and features provided by QuickSilk in support of or supplemental to the QuickSilk Service as further described in Section 3 and in more detail in the Support section of the Website;
“Services” means collectively the “QuickSilk Service” and the “Support Services”;
“Term” has the meaning given in Section 6.1;
“Third Party Software” has the meaning given in Section 2.8; and
“Website” means www.QuickSilk.com or such other URL as indicated by QuickSilk from time to time where information and access to the QuickSilk Service is available.
Last Updated: January13, 2015