Terms & Conditions

IMPORTANT READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE, PLATFORM, APPLICATIONS AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE “PRODUCTS”) OF QIK ENTERPRISES PRIVATE LIMITED, ITS BRANDS (“QIK MEETING” or “QIK.MT”) OR PARTNERS IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING. BY ACCESSING THE QIK MEETING WEBSITE OR BY USING THE ONLINE APP PLATFORM OR DOWNLOADING APPLICATIONS YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS AND INCORPORATED POLICIES (THE “AGREEMENT” OR “T&C”). THE PRODUCTS ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS & CONDITIONS.

1. Introduction:

Qik Meeting will provide the Products, and you may access and use the Products, in accordance with this Agreement.
Qik Meeting may provide any of the Products hereunder through any of its Partners.
If You are a Prime User or Enterprise User then please go through additional terms and conditions and information regarding the Paid Subscription process.
Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Product which You choose to use, those additional terms are hereby incorporated into this Agreement in relation to Your use of that Product.

2. System Requirements:

Use of the Products requires one or more compatible devices, Internet access (ISP fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time.
Because use of the Products involves hardware, software, and Internet access, Your ability to access and use the Products may be affected by the performance of these factors.
High speed Internet access is recommended.
You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.

3. DEFINITIONS:

The following definitions will apply in this Agreement, and any reference to the singular includes a reference to the plural and vice versa. Product specific definitions are found in the Qik Meeting Website & Docs.

“Partner” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by or is under common control with that Party. For purposes of this Agreement, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or cause the direction of the management and set the policies of such an entity.

User means a Free User or Prime User or Host or Participant (as defined in the Products Pricing Page) who uses the Products.
Prime User: Prime Users are paid users (as defined in the Products Pricing Page) who uses the Products
Prime Subscription: Prime Users pay a monthly or yearly product subscription fee to Qik Meeting.
Enterprise plan: Enterprise plan or Company plan or Family plan or School plan or any other Organizational plan is a group of Prime Users within the enterprise who are subscribed wholly through a single administrator or admin.
Paid Subscription Period or Prime Subscription Period means the subscription period for a Product as specified in the Payment process.
“Effective Date” means the date an Initial Subscription Period begins as specified in an Payment process.
“Renewal Term” means the renewal subscription term for a Product commencing after the Initial Subscription Term or another Renewal Term as specified in an Payment process.
Products: Qik Meeting will provide the Products as described in the Qik Meeting website or from any other App Stores, and standard updates to the Products that are made generally available by Qik Meeting during the term. Qik Meeting may, in its sole discretion, discontinue the Products or modify the features of the Products from time to time without prior notice.
Beta Phase: Qik Meeting may, from time to time, offer access to new features as beta phase that are classified as Beta version. Access to and use of Beta versions may be subject to additional agreements. Qik Meeting makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and Your use of a Beta version is at Your sole risk.

4. Use Of Products And Your Responsibilities:

You may only use the Products pursuant to the terms of this Agreement. You are solely responsible for Your and Your End Users’ use of the Products and shall abide by, and ensure compliance with, all Laws in connection with Your and each End User’s use of the Products, including but not limited to Laws related to recording, intellectual property, privacy and export control. Use of the Products is void where prohibited.

Registration Information : You may be required to provide information about Yourself in order to register for and/or use certain Products. You agree that any such information shall be accurate. You may also be asked to choose a name, email and password or directly sign in / sign up with information provided by our partners like Google, Facebook etc.,. You are entirely responsible for maintaining the security of Your email and password and agree not to disclose such to any third party.
Your Content: You agree that You are solely responsible for the content (“Content”) sent or transmitted by You or displayed or uploaded by You in using the Products and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to Qik Meeting and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Qik Meeting be liable in any way for any (a) Content that is transmitted or viewed while using the Products, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although Qik Meeting is not responsible for any Content, Qik Meeting may delete any Content, at any time without notice to You, if Qik Meeting becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Products.
Recordings: You are responsible for compliance with all recording laws. The host can choose to record meetings using any device. By using the Products, you are giving Qik Meeting consent to store recordings for any or all Qik Meeting meetings that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting. Although Qik Meeting is not responsible for any Recordings, Qik Meeting may delete any recordings, at any time without notice to You, if Qik Meeting becomes aware that it violates any provision of this Agreement, or any law.
Prohibited Use: You agree that You will not use, and will not permit any End User to use, the Products to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Products; (ii) knowingly or negligently use the Products in a way that abuses, interferes with, or disrupts Qik Meeting’s networks, Your accounts, or the Products; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Products any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Products; or (vi) use the Products to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Products in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Qik Meeting or other users of Products; (viii) engage in any activity or use the Products in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Products, or any servers or networks connected to the Products or Qik Meeting’s security systems. (ix) use the Products in violation of any Qik Meeting policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
Limitations on Use: You may not reproduce, resell, or distribute the Products or any reports or source code or data generated by the Products for any purpose unless You have been specifically permitted to do so under a separate agreement with Qik Meeting. You may not offer or enable any third parties to use the Products purchased by You, display on any website or otherwise publish the Products or any Content obtained from a Product (other than Content created by You) or otherwise generate income from the Products or use the Products for the development, production or marketing of a service or product substantially similar to the Products.

5. Responsibility For End Users

You are responsible for the activities of all End Users who access or use the Products through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and all other Qik Meeting policies. Qik Meeting assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Products by any person, please contact Qik Meeting at support@qik.company. Qik Meeting may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will Qik Meeting be liable in any way for any data or other content viewed while using the Products, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

6. Qik Meeting Obligations For Content

Qik Meeting will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards.
Qik Meeting will notify You if it becomes aware of unauthorized access to Content.
Qik Meeting will not access, view or process Content except (a) as provided for in this Agreement and in Qik Meeting’s Privacy Statement; (b) as authorized or instructed by You, (c) as required to perform its obligations under this Agreement; or (d) as required by Law.
Qik Meeting has no other obligations with respect to Content.

7. Eligibility

You affirm that You are at least 13 years of age in acceptable countries or otherwise 16 years of age in all other countries and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
The above age restrictions are not applicable to the children using family or school or college or university modules or products.
Your access may be terminated without warning if we believe that you are under the age of 13 in acceptable countries or under the age of 16 in all countries when using products other than family or school or college or university products.
Your access may also be terminated if you are otherwise ineligible.

8. Charges and Cancellation

You agree that Qik Meeting may charge to Your credit card or other payment mechanism selected by You and approved by Qik Meeting (“Your Account”) all amounts due and owing for the Products, including taxes and product fees, set up fees, subscription fees, or any other fee or charge associated with Your Account.
Qik Meeting may change prices at any time, including changing from a free service to a paid or prime service and charging for Products that were previously offered free of charge; provided, however, that Qik Meeting will provide you with prior notice and an opportunity to terminate Your Account if Qik Meeting changes the price of a Product to which you are subscribed and will not charge you for a previously free Product unless you have been notified of the applicable fees and agreed to pay such fees.
You agree that in the event Qik Meeting is unable to collect the fees owed to Qik Meeting for the Products through Your Account, Qik Meeting may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Qik Meeting in connection with such collection activity, including collection fees, court costs and attorneys’ fees.
You further agree that Qik Meeting may collect interest at the highest amount (not exceeding 1.5% per month) permitted by law on any amounts not paid when due.
You may cancel your subscription at any time. If you cancel, you will not be billed for any additional paid product and can continue until the end of the current Subscription Period. If you cancel, you will not receive a refund for any product already paid for unless otherwise explicitly stated for promotional purposes.
Any refund already explicitly mentioned during the promotional purposes will be processed within the next 7 working days of claiming for the same.

9. Termination

The Qik Meeting website contains information on how to terminate Your Account. If you have purchased a Product for a specific period, such termination will be effective on the last day of the then-current period. Your Payment process may provide that a Renewal Term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next Renewal Term. If You fail to comply with any provision of this Agreement, Qik Meeting may terminate this Agreement immediately and retain any fees previously paid by You. Sections 1 and 3 through 8, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, You must cease any further use of the Products. If at any time You are not happy with the Products, Your sole remedy is to cease using the Products and follow this termination process.

10. Proprietary Rights

Qik Meeting and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Products and in all trade names, trademarks, service marks, logos, and domain names which include “Qik” associated or displayed with the Products. You may not frame or utilize framing techniques to enclose any Qik Meeting Marks, or other proprietary information (including images, text, page layout, or form) of Qik Meeting without express written consent.
You may not use any meta tags or any other “hidden text” utilizing Qik Meeting Marks without Qik Meeting’s express written consent.

11. Copyright

You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Qik Meeting may deny access to the Products to any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify Qik Meeting as specified here.

12. No High Risk Use

The Products are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.
The Products shall not be used for or in any HIGH RISK environment.

13. Injunctive Relief

You acknowledge that any use of the Products contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Products, may cause irreparable injury to Qik Meeting, its Partners, suppliers and any other party authorized by Qik Meeting to resell, distribute, or promote the Products (“Resellers”), and under such circumstances Qik Meeting, its Partners, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

14. No Warranties

YOU UNDERSTAND AND AGREE THAT THE PRODUCTS ARE PROVIDED “AS IS” AND QIK MEETING, ITS PARTNERS, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. QIK MEETING, ITS PARTNERS, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PRODUCTS OR THAT THE PRODUCTS WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE PRODUCTS IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE PRODUCTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS REMAINS WITH YOU. QIK MEETING DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. QIK MEETING CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PRODUCTS. USE IS AT YOUR OWN RISK.

15. Indemnification

You agree to indemnify, defend and hold harmless Qik Meeting, its partners, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Products, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.

16. Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QIK MEETING OR ITS PARTNERS, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT PRODUCTS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF QIK MEETING, ITS PARTNERS, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, QIK MEETING’S, ITS PARTNERS’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS.

Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.

17. Agreement to Arbitrate; Waiver of Class Action

In any country, You agree to resolve disputes only on an individual basis, through arbitration. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.

18. Privacy And Other Policies

Use of the Products is also subject to Qik Meeting’s Privacy Policy, a link to which can be found by selecting “Privacy Policy” in the footer of Qik Meeting’s website. The Privacy Statement, and all policies noticed at https://qikmeeting.com are incorporated into this Agreement by this reference. Additionally, You understand and agree that Qik Meeting may contact You via e-mail or otherwise with information relevant to Your use of the Products, regardless of whether You have opted out of receiving marketing communications or notices.

19. General Provisions

This Agreement embodies the entire understanding and agreement between the Parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the Parties respecting such subject matter, except that if You or Your company have executed a separate written agreement or you have signed an order form referencing a separate agreement governing your use of the Products, then such agreement shall control to the extent that any provision of this Agreement conflicts with the terms of such agreement.
Qik Meeting may elect to change or supplement the terms of this Agreement from time to time at its sole discretion.
Qik Meeting will exercise commercially reasonable business efforts to provide notice to You of any material changes to this Agreement.
Within ten (10) business days of posting changes to this Agreement (or ten (10) business days from the date of notice, if such is provided), they will be binding on You.
If You do not agree with the changes, You should discontinue using the Products.
If You continue using the Products after such a ten-business-day period, You will be deemed to have accepted the changes to the terms of this Agreement.
In order to participate in certain Products, You may be notified that You are required to download software and/or agree to additional terms and conditions.
Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement.
This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.