These Terms of Use are entered into by and between you and GORAN OU ("Company", "we", or "us"), a company incorporated in Estonia, Suur-Sojamae tn 6, 11415, Tallinn, Estonia. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of: (i) the website located at https://quince.chat and its subdomains ("Website"), (ii) mobile applications that we offer or process payments for subject to these Terms of Use (each, an "Application"), and (iii) the products, services, content, and other resources available on or enabled via our Website or any Application (collectively, with our Applications and Website, the "Services").
Please read the Terms of Use carefully before you start using the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company (at least 18 years of age) and have full legal capacity to accept these Terms. If you do not meet these requirements, you must not access or use the Services.
If you subscribe to any feature or functionality of the Services for a term (the "Initial Term"), your subscription will automatically renew for additional periods of the same duration at the Company's then-current fee unless you cancel in accordance with Section 11 below.
Section 19 (Arbitration) contains provisions that govern how disputes between you and the Company are resolved, including a mandatory arbitration clause and a class action waiver. Please read Section 19 carefully.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes take effect immediately upon posting and apply to all access to and use of the Services thereafter. If we make any material changes and you are registered in the Application, we will also notify you via the Application or by email.
Your continued use of the Services after the revised Terms of Use are posted means that you accept and agree to the changes. You are expected to check this page from time to time to stay informed about any changes, as they are binding on you.
We reserve the right to withdraw or amend the Website, and any service or material we provide together with the Website, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered users, to some parts of the Services or the entire Services.
You are responsible for:
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. You must notify us immediately of any unauthorized access to or use of your account credentials. We have the right to disable any username, password, or other identifier at any time in our sole discretion, including if you have violated any provision of these Terms of Use.
The Services and their entire contents, features, and functionality - including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof - are owned by the Company, its licensors, or other providers of such material and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material of the Services, except as follows:
You must not modify copies of any materials from the Services or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
From time to time, and in our sole discretion, we or our application partners may incorporate software components governed by open-source licenses into the Applications. Nothing in these Terms obligates us to open-source any software. To the extent any specific software component is made available under an open-source license, the terms of that license will govern the use of such software and will control in the event of any conflict with these Terms with respect to that component.
The Company name, GORAN OU, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
Additionally, you agree not to:
We do not facilitate or induce any illegal activities through our Services. We take intellectual property rights seriously and respond to good-faith notifications of alleged infringement. If you believe that any content or activity on our Services infringes your intellectual property rights, please notify us via the contact form with the following information:
We will investigate and respond to valid notices within a reasonable time. Repeat infringers may have their access to the Services terminated. Please note that we operate as a software development company and merchant of record - we are not a hosting, caching, or user-generated content platform.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
We may update the Services from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice or liability.
All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
If you purchase access to certain features and functionality of the Services on a time-limited basis (a "Subscription"), the fee for such Subscription will be billed at the start of the Subscription and at regular intervals in accordance with your elections at the time of purchase. The Company reserves the right to change the timing of our billing and to change Subscription pricing at any time with reasonable notice.
Subscriptions automatically renew at the end of each billing period at the Company's then-current price unless you cancel before the renewal date. By subscribing, you authorize the Company to charge your designated payment method at the start of each billing period. To cancel, sign in at quince.chat > Account > Subscription > Cancel, or submit a cancellation via the contact form from your registered email address with subject "Cancel subscription". We will process your cancellation within 1 business day. If you cancel, you may continue to use the Subscription until the end of your current billing period; it will not renew after that.
See our Refund Policy for full details.
Fees do not include applicable taxes unless stated otherwise. Where the Company or its payment processor is required to collect sales tax, VAT, GST, or other applicable taxes, these will be added to your charge. You are responsible for any taxes applicable to your jurisdiction that are not collected by the Company or its payment processors.
Where offered, free trials convert to paid Subscriptions at the end of the trial period unless you cancel before the trial ends. If you are inadvertently charged at the end of a trial and notify us in writing within 48 hours, we will reverse the charge.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
You must not cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site - for example, framing, deep linking, or in-line linking - without our prior written consent.
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
GORAN OU is incorporated in Estonia. We make no representation that the Services are appropriate or available in all locations. Access to the Services may not be legal for certain persons or in certain countries or territories. If you access the Services from outside Estonia, you do so on your own initiative and are solely responsible for compliance with your local laws, including any laws relating to the import or export of data, software, or digital services. The Company shall not be liable for your failure to comply with applicable local laws.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTIVIRUS PROTECTION AND FOR MAINTAINING MEANS FOR THE RECONSTRUCTION OF ANY LOST DATA.
YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY EXCEED THE GREATER OF USD 100.00 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST 12 MONTHS FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, including the statutory rights of EU and UK consumers.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including any use of the Services' content or products other than as expressly authorized in these Terms of Use.
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Estonia, without giving effect to any choice or conflict of law provision or rule.
Please read this section carefully. It affects your rights and contains procedures for mandatory binding arbitration and a class action waiver.
You and the Company agree that any dispute, claim, or controversy arising out of or relating in any way to your access to or use of the Services, any subscription purchased through the Services, or these Terms of Use (each, a "Dispute") will be resolved exclusively by binding arbitration, rather than in court, except that:
Before initiating arbitration, you agree to first attempt to resolve any Dispute informally by contacting us via the contact form with a written description of the Dispute, the relief you seek, and your contact information. We will attempt to resolve the Dispute informally within 30 days of receipt. If the Dispute is not resolved within that period, either party may commence arbitration as set out below. This informal resolution step is a condition precedent to filing any arbitration demand.
Any Dispute not resolved informally shall be resolved in the courts of the Republic of Estonia. The language of proceedings shall be English unless otherwise required by applicable law. Nothing in this section prevents EU or UK consumers from bringing claims before the courts of their country of residence where such rights cannot be waived by contract.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. If this class action waiver is found unenforceable with respect to any Dispute, then the entirety of the arbitration agreement in this Section 19 shall be void with respect to that Dispute, and it shall be resolved by a court of competent jurisdiction in Estonia.
Each party shall bear its own legal fees and costs in arbitration, unless the arbitrator determines that a claim or defence was frivolous or brought in bad faith, in which case the arbitrator may award costs and reasonable legal fees to the prevailing party.
All arbitration proceedings, documents exchanged, and awards shall be kept strictly confidential by both parties and shall not be disclosed to any third party without the prior written consent of the other party, except as required by law or to enforce the arbitration award.
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out via the contact form within 30 days after first becoming subject to these Terms. Your notice must include your name, the email address associated with your account, and an unequivocal statement that you wish to opt out of arbitration. If you opt out, all other parts of these Terms continue to apply. Opting out has no effect on any other arbitration agreement between you and the Company.
If any part of this Section 19 is found to be invalid or unenforceable, that specific part shall be severed and the remainder of this Section 19 shall continue in full force and effect, except as provided in Section 19.4 with respect to the class action waiver.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
These Terms of Use, the Privacy Policy, the Refund Policy, and any other document expressly incorporated herein by reference constitute the sole and entire agreement between you and GORAN OU regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
This website is operated by GORAN OU.
All feedback, comments, requests for technical support, and other communications relating to the Services should be sent via the contact form
