Last Updated: December 15, 2023
Welcome to QuickTalk.
Improving real friendships is our mission. We want to build services and technologies that allow you connect and growth relationships with your real friends.
To help that happen, we want to be clear about what it means to be part of the QuickTalk community. We want you to know what you can expect from us, what we expect from you, and how together we can make QuickTalk better for you and your friends.
To do that we created these Terms of Service (“Terms”) and our Privacy Policy (“Privacy”), together comprising the “User Agreement”. Throughout the User Agreement, some words have specific meanings and they should be interpreted the same way wherever they are used. If anything is unclear, or you don’t understand what we’re saying – don’t hesitate to reach out. Our goal is to maximize transparency and understanding of how QuickTalk works.
If you think reading all of this is hard, imagine having to write it! But we wrote it for you because it’s important for you and us. So please read it.
If you don’t want to read or agree to the User Agreement then don’t use our Services but if you use our Services understand that you are agreeing to be bound by the User Agreement.
1. Who can use our Services
Our Services means all aspects of the QuickTalk mobile applications, our website (https://quicktalk.io/), and the software and systems powering the applications and our website.
Our Services are not to be used by AI or bots. To use our Services you must be a real human:
All references to “you” and “your” in the User Agreement will mean both you, the end user and/or for accounts created on behalf of another person, company, organization, government, or other legal entity, the person who has legal authority to create and/or operate the account.
2. Data Protection and Privacy
Our Privacy Policy describes what information you share with us, when it is shared, and how we handle it when you use our Services. By using our Services you understand and consent that we must collect, use, store, process, share, and transfer this information to countries where we operate our Services and to partners who help us provide our Services.
3. Content
No one likes people who steal Content or people who disrespect others. Don’t be that person.
Content means profile answers, photos, photos, videos, emojis, captions, comments, or messages, and other text or visual artifacts shared through our Services.
You are responsible for the Content you share through our Services including ensuring that you have the right to use the Content, and that it complies with laws, rules, regulations and the User Agreement.
If you share Content that you do not have the right to use or that violates laws, rules, regulations or the User Agreement, we have the right to remove it and we will remove it. No complaints.
We do not tolerate harassment, intimidation, defamation, threats, hateful content, child sexual exploitation, sexual abuse, promotion of suicide or self harm, intellectual property theft, or other illegal activities.
You own the Content you share through our Services and grant QuickTalk a license to use the Content under the following conditions:
Friends Only Content means Content you shared only with your friends on QuickTalk. On a voluntary basis, some people may choose to share their Friend Only Content with QuickTalk so that it can be used for communication, commercial and marketing purpose, like on billboards, other advertising, Apple’s App Store or Google’s Play Store. If you decide to do that you will need to give QuickTalk a license to use your Friends Only Content.
Globally Shared Content means Content you shared with everyone on QuickTalk. In exchange for using our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute the content you share with a Globally Shared Content in any and all media or distribution methods. This license authorizes us to make your Globally Shared Content available to the rest of the world and to let others do the same. You agree that this license includes the right for QuickTalk to provide, promote, and improve our Services and to make Globally Shared Content available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication on other media and services. Such additional uses by QuickTalk, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Globally Shared Content as the use of our Services by you is hereby agreed as being sufficient compensation.
4. Reporting Violative Content
We are not under an obligation to monitor the Content people share through our Services. Nevertheless, we want our Services to be a place where people can have fun and express their real selves while feeling safe. Content that violates another person’s rights, or does not comply with laws, rules, regulations or the User Agreement (“Violative Content”) is prohibited. If you see Violative Content, you can report it to us through the reporting feature in the applications or by visiting the reporting form on our website.
If you believe your Content has been copied in a way that infringes your intellectual property rights, you can report this directly in the application or by visiting our intellectual property reporting form on our website.
5. Ending our Services
We may temporarily or permanently suspend your account and prevent your use of our Services if we have determined that you have shared Violative Content or used our Services in a way that violates another person’s rights, or does not comply with laws, rules, regulations or the User Agreement.
We operate a 3 strike policy in most instances. That means if you share violative Content, we will suspend your account for 30 days, during which you will not be able to share Content or see other Content on our Services. If this happens 3 times, you’re out of here! We will permanently suspend you from our Services and prevent you from creating a new QuickTalk account.
Note, certain Violative Content (e.g., Child Sexual Abuse Material (CSAM)) will result in your immediate and permanent suspension from our Services.
You may appeal a suspension by contacting us through our support channel.
To protect you, other users and our Services, we may temporarily suspend your account in the event that we detect abnormal activity which could present technical or security risks to you, other users or our Services.
We will delete your account if it is inactive for more than 2 years. Before we do, we will let you know so that you can stop the deletion if you want.
We get it, sometimes things just aren’t meant to be. You can delete your account at any time by going into the settings in your account and choosing the account deletion option.
6. License to use our Services
Our Services are protected by copyright, trademark, trade secret and other laws around the world. As tempting as it may be, nothing in the User Agreement gives you a right to use the QuickTalk name or any of the QuickTalk trademarks, logos, domain names, other distinctive brand features, and other proprietary rights.
During the time you are using our Services, QuickTalk gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of our Services. This license has the sole purpose of enabling you to use and enjoy our Services in a manner consistent with the User Agreement. This license comes to an end when you stop using our Services.
QuickTalk is free to use any feedback, comments or suggestions you may provide regarding our Services.
7. Limitation of Liability
By using our Services you agree that QuickTalk, its affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence.
8. Applicable law and jurisdiction
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or QuickTalk (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other QuickTalk users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Privacy Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your QuickTalk account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: QuickTalk ATTN: QuickTalk Arbitration Opt-out, 112 Ellsworth St, CA 94110.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your QuickTalk account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to QuickTalk ATTN: QuickTalk Arbitration Opt-out, 112 Ellsworth St, CA 94110. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your QuickTalk account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $5,000 and you timely provided us with a
Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Francisco County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
9. General
QuickTalk may update the User Agreement at any time. If we make an update that impacts either parties rights or obligations, we will let you know approximately 30 days before the update goes into effect. If you keep using our services after the 30 days, you are agreeing to our updated User Agreement. If you do not want to agree, you must stop using our Services.
In the event that any part of these Terms or User Agreement are found to be unenforceable, our lawyers will probably panic, but all of the other provisions will remain applicable.
The User Agreement is between you and QuickTalk, with a registered office located at 112 Ellsworth St San Francisco, CA 94110.
10. Contact or Questions
Hearing from you makes us and our Services better. Whether you have a question about any part of the User Agreement, a comment or feedback about our Services, we want to hear from you.
You can submit questions through our help center here or contact us by email.