Terms of Service

Welcome to Queztly! These Terms of Service ("Terms") govern your access to and use of the Queztly mobile application (the "App"), and any related services (collectively, the "Services") provided by Queztly ("we," "us," or "our").

Please read these Terms carefully. By creating an account, or by accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services.

1. Description of the Service

Queztly is a mobile application that allows users ("you," "your," "User") to participate in challenges by uploading photographs and other media. The Service includes features for account creation, content submission, and communication.

2. Eligibility and Account Creation

Eligibility

You must be at least 13 years old (or the minimum age required in your country to consent to use online services) to use the App.

Account Creation

To access the Services, you must create an account. You can do this by using a third-party authentication service, such as Google Sign-In or Sign in with Apple ("Third-Party Account").

Third-Party Accounts

By creating an account using a Third-Party Account, you grant us permission to access certain information from that service, such as your name, email address, and profile picture, as permitted by the third party and your privacy settings on that service. We are not responsible for the practices of these third-party services.

Account Responsibility

You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. User-Generated Content

Your Content

Our Services allow you to upload, post, and store content, specifically photographs and related media, to complete challenges ("User Content"). You retain all ownership rights to your User Content.

License Grant to Us

By uploading User Content, you grant Queztly a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, display, publish, distribute, and create derivative works of your User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services.

Storage of User Content

Your User Content, particularly the pictures you upload, will be stored on our behalf by a third-party cloud storage provider (a "blob storage" service). By using our Services, you consent to this storage arrangement.

Content Responsibility

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit.

Prohibited Content

You agree not to post User Content that is:

• Illegal, harmful, threatening, abusive, or hateful.
• Infringing on any third party's intellectual property rights, including copyright, trademark, or patent.
• Invasive of someone's privacy.
• Sexually explicit, pornographic, or obscene.
• Containing viruses, corrupted data, or other harmful, disruptive, or destructive files.

We reserve the right, but are not obligated, to review and remove any User Content that violates these Terms at our sole discretion.

4. Push Notifications

By creating an account and using the App, you consent to receive push notifications from us. These notifications may include alerts, reminders about challenges, and other service-related communications. You can control or disable push notifications at any time through the settings on your mobile device.

5. Account Deactivation and Data Retention (Soft Delete)

Account Deactivation

You may choose to deactivate your account at any time through the App's settings. This action is a "soft delete."

Effect of Soft Delete

When you soft delete your account:

• Your profile will no longer be visible to other users.
• You will be logged out of the application on all devices.
• You will cease to receive non-essential communications from us.

Data Retention

To allow for potential account reactivation and for our internal record-keeping, analytical, and legal purposes, we do not permanently delete your data immediately upon deactivation. Your account information and all User Content you have uploaded (including your pictures) will be retained in our database and blob storage for a period of time as described in our Privacy Policy.

Permanent Deletion

If you wish to permanently delete your data, please contact us directly at michael@queztly.com. We will process your request in accordance with applicable laws.

6. Our Intellectual Property

All rights, title, and interest in and to the Services, including the App's design, software, text, graphics, logos, and brand names (Queztly), are and will remain the exclusive property of Queztly and its licensors. You may not copy, modify, distribute, sell, or lease any part of our Services or included software.

7. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share your personal information and data, including your User Content. By using our Services, you agree to the collection and use of this information as set forth in the Privacy Policy. We strongly recommend you read it carefully.

View our Privacy Policy here.

8. Termination

Termination by You

You can stop using our Services and deactivate your account at any time as described in Section 5.

Termination by Us

We may suspend or terminate your account and access to the Services at our sole discretion, without notice or liability, for any reason, including if you breach these Terms.

9. Disclaimers and Limitation of Liability

"AS IS" Service

The Services are provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, express or implied. We do not warrant that the service will be uninterrupted, secure, or error-free.

Limitation of Liability

To the maximum extent permitted by law, Queztly and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the Services.

10. Indemnification

You agree to indemnify and hold harmless Queztly, its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or (ii) your User Content, or (iii) your violation of these Terms.

11. Modifications to the Terms

We reserve the right to modify these Terms at any time. If we make changes that are material, we will provide you with reasonable notice, such as by sending an email, a push notification, or through a notification in the App. Your continued use of the Services after the changes become effective will constitute your acceptance of the new Terms.

12. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of Austria, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved in the courts located in Austria.

13. General Terms

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Queztly concerning the Services. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.