Qwidder is a mobile smoking cessation tool designed to empower smokers and non-smokers alike, and to allow users to cooperatively take control of their cravings and quitting efforts. These Terms of Service (Terms) govern your use of our mobile applications, our related websites (www.qwidder.com), as well as your membership to other Qwidder services; collectively referred to as the “Qwidder Service”.
You must accept these Terms to create a Qwidder account and to use the Qwidder Service. If you do not have an account, you accept these Terms by visiting www.qwidder.com or using any part of the Qwidder Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.QWIDDER.COM OR USE THE QWIDDER SERVICE.
Changes to Terms.
These Terms will change over time as updates & features are released. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.qwidder.com. We will notify you by email, through the Qwidder Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Qwidder Service after a modification is posted, you are agreeing that you accept these modified terms.
Your Privacy Is Important.
Who Can Use Qwidder?
You may use the Qwidder Service if you are over 13 years of age, and are not banned from receiving services under applicable law. You may connect to the Qwidder Service using our Qwidder mobile applications; or www.qwidder.com (authorized connections); or by approved third-party applications. You may not connect to the Qwidder Service with any unauthorized application, or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Qwidder Service. If you have questions about whether a product or application qualifies as an authorized connection, please contact firstname.lastname@example.org.
Creating an Account.
Full use of the Qwidder Service requires that you create an account by providing us with a valid email address and a secure password. You are responsible for all activity that occurs in association with your account. Qwidder is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the Qwidder Service; these communications are a part of the Qwidder Service, and you may not opt-out from receiving them. However, you may manage and opt-out from receiving other communications, and keep your email address up-to-date from your account settings.
Full use of the Qwidder Service is dependent upon your use of a computer with adequate software & hardware requirements, or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Qwidder Service and it is your responsibility to ensure the equipment’s ongoing functionality.
User Content on Qwidder.
You may post motivational photos & quotations, progress summaries, comments & live chats, and other content (i.e. Your Content) to the Qwidder Service. You retain all rights to Your Content that you post to the Qwidder Service. By making Your Content available on or through the Qwidder Service you grant to Qwidder Inc. a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the Qwidder Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Qwidder Service will not: (a) infringe, misappropriate or violate a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You also agree that Your Content will comply with the following community guidelines:
· Don’t be a jerk. That is, please be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for your quitting effort may not work for everyone else. Give everyone the same courtesy you would expect in return.
· Please do not post explicit or profane content. · Please do not post profile pictures that might be considered inappropriate. · Please do not post communications that could be interpreted as threatening or harassing. · Please do not post, advertise, or promote products or services commercially.
“Qwidder Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Qwidder Service to you. Except for Your Content (see above), Qwidder Content, the Qwidder Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Canada and the United States, as well as foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Qwidder Service.
Using The Qwidder Service.
The Qwidder Service is intended for your personal, non-commercial use. Qwidder grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Qwidder Content, (2) access and use the software and mobile applications provided by the Qwidder Service, and (3) use the software that is embedded into any Qwidder related product as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Qwidder Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Qwidder Content, Qwidder Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Qwidder or its licensors, except for the licenses and rights expressly granted in these Terms.
How Not To Use The Qwidder Service.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Qwidder Service: (1) use, display, mirror or frame the Qwidder Service or any individual element within the Qwidder Service, Qwidder’s name, any Qwidder trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Qwidder’s express written consent; (2) access or tamper with non-public areas of the Qwidder Service, Qwidder’s computer systems, or the technical delivery systems of Qwidder’s providers; (3) test the vulnerability of any Qwidder system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Qwidder or any of Qwidder’s providers or any other third party (including another user) to protect the Qwidder Service or Qwidder Content; (5) access the Qwidder Service or Qwidder Content through the use of any mechanism other than through the use of an Authorized Connection, Qwidder Service or Qwidder API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Qwidder provides to you or any other part of the Qwidder Service.
Our Enforcement Rights.
We are not obligated to monitor access or use of the Qwidder Service, Qwidder Content, or Your Content or to review or edit any Qwidder Content or Your Content, but we have the right to do so for the purpose of operating the Qwidder Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Qwidder Service, any Qwidder Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Qwidder Content, Your Content, or your use of the Qwidder Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Qwidder Service.
Use Services At Your Own Risk.
Our goal is to provide helpful and accurate information on the Qwidder Service, but we make no endorsement, representation or warranty of any kind about any Qwidder Content, information, services or recommendations. The accuracy of the data collected and presented through the Qwidder Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Qwidder Service. Each individual metabolizes nicotine at varying rates depending on – but not limited to – age, sex, ethnicity, and pre-existing health conditions. Therefore, fluctuations in your health progress may be inaccurate or incomplete. If you rely on any Qwidder Content or the Qwidder Service, you do so solely at your own risk.
Consult Your Doctor.
The Qwidder Service is not intended to diagnose, treat, cure, or prevent any disease, or smoking-related ailment. If you have a medical or heart condition, consult your doctor before using the Qwidder Service. If you experience a medical emergency, stop using the Qwidder Service and consult with a medical professional. We are not responsible for any health problems that may result from your smoking cessation decisions, or events you learn about through the Qwidder Service. If you engage in any program or third-party tools that you learn about through the Qwidder Service, you agree that you do so at your own risk and are voluntarily participating in these activities. Use of the Qwidder Service should not replace your good judgment and common sense. DMCA/Copyright Policy
Qwidder respects copyright law and expects its users to do the same. It is Qwidder’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders. Please see Qwidder’s Copyright Policy.
Feedback & Submissions Policy.
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Qwidder, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.
Contests & Giveaways.
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Qwidder Inc. and its partners. It is your responsibility to carefully review those terms and conditions.
Alert Notifications Agreement.
As part of your use of the Qwidder Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
We Are Not Responsible For Third-Party Links On The Qwidder Service.
The Qwidder Service may contain links to third-party websites, apps, services and resources (collectively referred to as Third-Party Services) that are not under Qwidder’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services. Qwidder Does Not Control Third-Party Services That You Link With Your Qwidder Account
Changes To The Qwidder Service.
Qwidder may change or discontinue, temporarily or permanently, any feature or component of the Qwidder Service at any time without notice. Qwidder is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Qwidder Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Qwidder products without prior notice to you.
Termination Of Service.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting customer support. Upon any termination, discontinuation or cancellation of the Qwidder Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Qwidder Service; Qwidder’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The Qwidder Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
The Qwidder Service and Qwidder content are provided “As Is”, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties arising out of course of dealing or usage of trade. We make no warranty that the Qwidder Service or Qwidder Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Qwidder Service or any Qwidder Content. You acknowledge and agree that if you rely on any Qwidder Content or the Qwidder Service, you do so solely at your own risk.
You will indemnify and hold harmless Qwidder Inc. and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Qwidder Service, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences. Limitation of Liability
NEITHER QWIDDER, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE QWIDDER SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE QWIDDER SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QWIDDER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL QWIDDER’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE QWIDDER SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO QWIDDER FOR USE OF THE QWIDDER SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO QWIDDER, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QWIDDER AND YOU.
You agree that any dispute between you and Qwidder Inc. arising out of or relating to these Terms of Service, the Qwidder Service, or any other Qwidder products or services (collectively referred to as “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the Province of Nova Scotia (Canada) without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Qwidder, you agree to try to resolve the Dispute informally by contacting email@example.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 18 days after submission, you or Qwidder Inc. may bring a formal proceeding.
We Both Agree To Arbitrate: You and Qwidder agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The Canadian Arbitration Association (CAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the Canadian area where you live or work, Halifax - Nova Scotia, or any other location we agree to.
Arbitration Fees: The CAA rules will govern payment of all arbitration fees. Qwidder will pay all arbitration fees for claims less than $100,000. Qwidder will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Exceptions to Agreement to Arbitrate: Either you or Qwidder may assert claims, if they qualify, in small claims court in Halifax (NS) or any Canadian area where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Qwidder products or Qwidder Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Qwidder Inc. on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Qwidder Inc. agree that any judicial proceeding (other than small claims actions) will be brought in the federal or provincial courts of Halifax, Nova Scotia. Both you and Qwidder consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Qwidder products or Qwidder Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Qwidder Inc. and you regarding the Qwidder Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Qwidder and you regarding the Qwidder Service and Qwidder Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Qwidder’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Qwidder may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Qwidder under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Qwidder Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Qwidder’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Qwidder. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Please contact us if you have any questions regarding these terms: