Last updated: 11/17/2013
Quolony Tech SL (“Quolony” or “we”) provides a realtime collaboration and cobrowsing service for users (“service”). These Terms and Conditions are a legal agreement between you and Quolony. By subscribing or using the service you signify that you have read, understood and agree to be bound by these agreement.
Description of the service
Quolony service for users allows you to perceive the presence of other users in the web pages you visit. You can then interact with them in real time, by moving your mouse or tapping and dragging in the page, selecting parts of the page, and chatting.
The service allows to establish links and relations between its users, as a kind of social network, and share information in real time.
Users you can share information or activities with depends on the privacy level choosen by each user at every moment, as well as the relations previously established between users.
Quolony allows you to upload files and share them with others users.
You can also start cobrowsing with others users, to visit the same pages they are visiting, or to invite other users to browse with you. While in this state, Quolony lets you check what pages are being visited by the users you are cobrowinsg with.
The service is provided at no charge to you at this moment. We can define in the future several plans, with different features, some of them will be paid services.
The service may include advertisements, and the type and amount of these ads may change.
Subject to your compliance with the terms and conditions of this agreement, Quolony hereby grants you, solely during the term of this agreement, a non-exclusive, non-transferable, revocable license to access and use the service.
This website, its software and any other elements of the services are property of Quolony. This agreement doesn’t grant you, without limitation, any right to modify, distribute, or make use of data, text, images, logos, user interface designs and other creative designs, domain, code, technical resources, documentation, trademarks or service marks of Quolony, or any other content not directly generated by the users in any of our services, without explicit permission from Quolony.
You need to create a Quolony user account in order to make use of the service. We accept different authentication providers, although we also provide a limited and temporary access with not authenticated user account (guests), so you can try the service.
If you open a account on behalf of a company, organization, or other entity, then you warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
Any use or access to the service by anyone under 14 without parental consent is strictly prohibited and in violation of these Terms. You warrant that you are over 14, or otherwise that you have authorization from your parents or guardians.
You accept that we manage digitally this agreement, your acceptance, and your use of the site and services.
You must provide accurate, complete and updated information on your Quolony account. You are solely responsible for the activity that occurs on your account. You must keep your account credentials secure. You must notify us immediately of any breach of security or unauthorized use of your account.
If you allow third party to make use of the service with your account, or you allow their account to act on behalf of you or your entity, then you warrant this third party is bind to these Terms, and you accept the responsability for their activity on behalf fo you.
Quolony reserves the right at any time to modify or discontinue, temporarily or permanently, any feature of the Services, fees, details of our APIs, or aspects of these Terms.
Any change will be posted on our website. If a revision, in our sole discretion, is material we will notify you. Your continued use of the Services after revisions constitutes your acceptance of such changes.
Quolony shall not be liable to apply those modifications to previously suscribed services.
User content and responsibility
La propiedad intelectual que tengas sobre el contenido sigue siendo tuya. Sin embargo, al introducirlo o generarlo a través del servicio concedes a Quolony (y a sus colaboradores) licencia gratuita, irrevocable, transferible y perpetua para utilizar, reproducir, procesar, transmitir, mostrar y distribuir dicho contenido, con objeto de poder proporcionar, analizar, promocionar y mejorar nuestros servicios, así como desarrollar servicios nuevos.
You retain your rights in your content. But by posting or generating this content in the service, you grant Quolony (and our partners) a royalty-free, irrevocable, transferable and perpetual worldwide license to use, reproduce, modify, perform, display and distribute that content, for the purposes of operating, providing, analyzing, promoting and improving our services, as well as developing new services.
You are responsible for all the content posted or generated in the service, and you warrant that you have all necessary rights to comply with these Terms. You are also responsible for all activity that occurs under your account. Any use, tampering or abuse of the service will be at your own risk.
Quolony has no obligation no monitor the content, and takes no responsibility and assumes no liability for it, nor for the use than you or any other user can make of it. However, we reserve the right (but not the obligation) to refuse to transmit or to remove content, delete user accounts or demand their names or nicks.
Links included in the content and cobrowsing functions may take you to third party websites. You agree that under no circumstances will Quolony be liable in any way for the availability, accuracy or appropriateness of the content, products or services available in those third party websites or resources. You understand that any use of third party websites is at your own risk.
You can invite other people to join the service, from an invitation form in your account. Quolony doesn’t monitor the data entered in these invitations. You are responsible for them.
If you choose to submit feedback or suggestions you understand that we are free to use them without any restriction or compensation to you.
Without explicit permission from Quolony, you may not (nor facilitate a third party to):
- access or use restricted areas of the services or the systems of Quolony or its providers
- test, hack or crack any security measure
- access or try to access the services in a different manner (automatic or not) from the interfaces arranged by Quolony
- break the limitations and use restrictions implemented in the service
- reverse engineer, disassemble, decompile, or make any attempt to discover the source code of the service
- forge or manipulate headers, data, or network protocols
- impersonate nor misrepresent your identity or affiliations with other persons or entities (including Quolony and its partners)
- interfere or try to disrupt the access or use of the service to any user, server or network. This includes, but is not limited to transmit viruses or harmful software, or cause undue stress, using browsing scripts or overloading the services with mails or requests.
- rent, lease, sell or any way of transferring the rights and responsibilitys on software, documentation or use of the services.
- copy, modify, translate, alter or create derivative work from our software, documentation or design of the services
- remove, alter or obscure, visually or not, any copyrights, trademarks, or ads included in the software, documentation or services
- use the services for unauthorized commercial purposes, that is, for the purpose of generating revenue from the services themselves
- harass, threaten or annoy users of the services
- send unsolicited bulk e-mail (spam), with a direct or indirect link to the service, Quolony website, or others including our services.
- access or use the services to copy ideas or functions, or build a competition service
- use the services to solicit, interfere with, or endeavour to entice away from Quolony any customer or user. You agree to pay Quolony a minimum fee of 5,000€ per user enticed away.
Quolony reserves the right to limit or disable access to their services for certain web sites or pages, or to users accessing from certain territories.
You understand and agree that the service is provided “as is, as available”. To the maximum extent permitted by applicable law, except as expressly warranted in these terms, the services are provided without warranty of any kind, and we assumes no liability or responsibility for the accuracy, availability, usefulness, security, or reliability of the service.
Access and use of the service is at your own discretion and risk: Quolony takes no responsibility for any damage to your system, loss of data, or any other problem that results from the access or use of the service. You also accept that Quolony assumes no responsibility for the deletion or failure to store or deliver of any content of the service. Quolony makes no warranty that the service will meet your requirements, and that it will be available at any time, uninterrupted, secure or error free.
Limitation of liability
To the maximum extent permitted by applicable law, Quolony and its subsidiaries, their officers, directors, employees and agents shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages or other intangible losses that result from:
- your access to or use of or inability to access or use the services
- and conduct or content of any third party on the services
- any content made available through the services
- unauthorized access, use or alteration of your content
even if Quolony has been advised of the possibility of such damages.
Quolony shall not be responsible for any delay or failure to perform due to force majeure or unforeseen circumstances beyond its reasonable control.
In no event will Quolony’s aggregate liability for all claims exceed the total of the fees, if any, paid by you for the service during the 3-month period immediately preceding the alleged claim or alleged cause of action. If the service is provided at no charge to you, Quolony shall have no liability whatsoever to you.
You agree to defend, indemnify and hold harmless Quolony and its subsidiaries, and their officers, directors, employees and agents, from and against any claims, damages, proceedings, liabilities, losses, costs and/or expenses (including reasonable attorneys’ fees), in any way related to your breach of any of these Terms, or your use of the service.
These Terms, and all actions contemplated by them, shall be governed by the laws of Spain, without respect to its conflict of laws principles. Any disputes arising under this Agreement shall be heard in the courts of Salamanca (Spain), and we each agree to the accept its jurisdiction and exclusive venue.
These Terms, together with any exhibits hereto, and any additional agreements you may enter into with Quolony, contains the entire agreement between you and Quolony. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Quolony’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Quolony without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If there is any conflict or ambiguity between the Spanish language version and any other language version of this Terms, the Spanish language version will prevail.
The services are provided by Quolony Tech SL, located at Plaza San Marcos 3, Ático C 37002 Salamanca, Spain. Quolony is registered in the Trade Register of Salamanca, volume 426, sheet 151, page SA-14226, entry 1, with tax id number B37514585. If you have any questions about the Terms please feel free to contact us through our website contact form.