Terms & Conditions

Important Notice

PLEASE READ THESE TERMS CAREFULLY. SECTION 9 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. THEY AFFECT HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED AND, UNLESS YOU OPT OUT, YOU GIVE UP THE RIGHT TO A COURT TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED BELOW.

These Terms of Use (the "Terms") form a binding agreement between Quintech LLC, with its principal place of business at 1728 Elizabeth Street, San Carlos, CA 94070 ("Quintech", "we", "us" or "our"), and you, the person or entity that orders, purchases or uses a Video through our website ("you", "your" or "Purchaser").

Acceptance

By clicking to accept these Terms, by placing an order, or by accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. If you accept these Terms on behalf of a company, organization or other legal entity, you represent that you have authority to bind that entity, and "you" refers to both you and that entity.

Privacy

Our collection and use of personal information is described in our Privacy Policy, available at [INSERT PRIVACY POLICY HYPERLINK], which is incorporated into these Terms by reference.

1. The Service

1.1 The Service

Quintech operates a website (the "Site") through which you may order and purchase video content (each, a "Video") intended for exhibition at corporate, business and private events. The Site, the ordering and configuration process, the automated chat assistant, the delivery of Videos, the Videos and all related functionality are referred to collectively as the "Service".

1.2 Automated Service; No Human Review

The Service is fully automated. Orders are received and fulfilled by automated systems.

1.3 Chat Assistant

The Service includes an automated chat assistant. You are communicating with a software program, not with a natural person. The chat assistant may produce inaccurate, incomplete or unexpected responses, and its responses do not vary these Terms. By using the chat assistant you consent to Quintech and its service providers recording, transcribing, storing and processing your chat interactions in order to operate, secure, support and improve the Service, as described in our Privacy Policy. Do not submit confidential information, or personal information about any other individual, through the chat assistant.

1.4 Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use the Service. The Service is not directed to children.

1.5 Availability and Changes

We will use commercially reasonable efforts to keep the Service available, but we do not commit to any availability level. We may modify, suspend, limit or discontinue the Service or any feature of it, in whole or in part, at any time, including for maintenance. We are not liable for any unavailability of the Service.

1.6 No Professional Advice

Videos and chat assistant outputs are provided for general informational and entertainment purposes only. They do not constitute legal, financial, medical, employment or other professional advice, and they do not replace your own judgment or that of your advisors.

2. Orders, Fees and Payment

2.1 Orders

Each order you submit through the Site is an offer to purchase, which we may accept or decline in our discretion. A contract is formed only when we confirm your order or make the Video available to you, whichever occurs first. We may cancel or refuse any order, including where we suspect fraud, where a price or product description was posted in error, or where we believe the order would result in a breach of Section 3.5 or Section 4.

2.2 Fees

You will pay the fees displayed at checkout for the Video you order (the "Fees"). You authorize us and our third-party payment processor to charge your designated payment method for the Fees and all applicable taxes. You represent that you are authorized to use the payment method you provide.

2.3 Taxes

Fees are exclusive of all sales, use, value-added, goods and services and similar taxes. You are responsible for all such taxes, other than taxes on our net income.

2.4 Delivery

Videos are digital content delivered electronically. Delivery occurs when the Video is made available to you for streaming or download.

2.5 Refunds and Cancellations

All sales are final once a Video has been delivered, and Fees are non-refundable, except (a) as required by applicable law; (b) as expressly stated on the Site at the time of purchase; or (c) where we cancel your order under Section 2.1. Nothing in these Terms limits any statutory refund or cancellation right that cannot be waived under the law applicable to you.

3. Videos: Ownership, Licence and Restrictions

3.1 How Videos Are Produced

Videos are generated, in whole or in part, using artificial intelligence systems. Videos also incorporate material that is protected by copyright and other intellectual property rights, including scripts, narration, dialogue, storyboards, templates, structures, arrangements, selections and other pre-existing or third-party material owned by or licensed to Quintech.

3.2 Ownership

As between you and Quintech, Quintech and its licensors own all right, title and interest in and to the Service, the Videos, together with all intellectual property rights in them. You acknowledge and agree that (a) certain elements of a Video may be generated by an artificial intelligence system; and (b) the licence and restrictions set out in Section 3.3 through Section 3.5 are agreed as a matter of contract and are enforceable independently of whether any particular element of a Video is subject to copyright protection. Nothing in these Terms assigns or transfers any ownership interest to you. Except as expressly granted, all rights are reserved.

3.3 Licence Grant

Subject to your payment of the Fees and your compliance with these Terms, Quintech grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to exhibit, display and perform the Video solely for Event Use, as described below.

3.4 Event Use

"Event Use" means exhibition of the Video, in its entirety and without modification, to attendees of one corporate, business or private event organized by or on behalf of you, whether that event takes place in person or by means of a transmission that is restricted to registered or invited attendees of that event, as well as viewings in preparation for such an event. Event Use does not include general publication or public distribution of the Video, nor recording of the Video. A purchase includes the right to display at one event, plus 9 preparation and rehearsal sessions. Each purchase generates a link that can only be used 10 times.

3.5 Restrictions

You will not, and will not authorize or permit any other person to:

• (a) publish, post, upload, broadcast, stream, syndicate or otherwise make the Video available to the general public or to any audience other than attendees of the applicable event, including on any public website, social media platform, video-sharing or streaming service, television, radio or cinema, provided however that publication of a limited number of stills is permitted;
• (b) modify, edit, adapt, translate, dub, re-cut, re-time, re-score, composite, excerpt, or create any derivative work from the Video, or combine it with other material in a way that alters it;
• (c) remove, obscure, alter, crop, cover, disable or circumvent any watermark, on-screen credit, trade mark, copyright or other proprietary notice, provenance indicator, metadata or other rights-management information contained in or applied to the Video;
• (d) sell, resell, rent, lease, licence, sublicence, distribute, transfer or otherwise commercially exploit the Video;
• (e) use the Video for any purpose other than Event Use, or extract, isolate or reuse any element of the Video separately from the Video as a whole;
• (f) use the Video, or any part of it, to train, fine-tune, evaluate or develop any machine learning or artificial intelligence model or allow a third-party to do so, or to develop any product or service that competes with the Service;
• (g) reverse engineer, decompile, scrape, or use any robot, spider or other automated means to access the Service, other than by using the chat assistant as intended; or
• (h) use the Video in any manner that is unlawful, defamatory, obscene, harassing, discriminatory or deceptive, or in any manner that falsely suggests endorsement, sponsorship or affiliation by any person or brand appearing in or associated with the Video.

3.6 Watermarks, Credits and Notices

Videos may contain visible or invisible watermarks, credits, content-provenance signals or embedded metadata identifying the Video as produced by Quintech and as containing AI-generated material. You must preserve all such elements intact and must not do anything described in Section 3.5(c). Removing or altering rights-management information may give rise to liability under applicable law, including 17 U.S.C. § 1202, in addition to breach of these Terms.

3.7 No Exclusivity

Videos are not unique to you. Quintech may produce, licence and supply Videos that are similar or substantially identical to yours to other purchasers, and nothing in these Terms grants you any exclusivity in any Video, style, template, script or element of a Video.

3.8 Feedback

If you provide suggestions, ideas or feedback about the Service, you grant Quintech a perpetual, irrevocable, royalty-free, worldwide licence to use them without restriction, attribution or compensation.

4. Acceptable Use and Your Obligations

4.1 Compliance with Law

You will comply with all laws applicable to your order and to your use and exhibition of the Video, including intellectual property, privacy, advertising, consumer protection and event-licensing requirements.

4.2 Disclosure of AI-Generated Content

You are responsible for determining whether any law applicable to your event requires you to disclose that the Video contains AI-generated material, and for making any such disclosure. You will not remove or contradict any disclosure contained in the Video itself.

4.3 Responsibility for Others

You are responsible for the acts and omissions of your personnel, contractors, venue operators, audiovisual providers and event attendees in relation to the Video as if they were your own, and you will ensure that any person to whom you provide access to a Video complies with Section 3.5.

5. Disclaimers

5.1 As Is

THE SERVICE AND ALL VIDEOS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUINTECH DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

5.2 Chat Assistant

QUINTECH MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY RESPONSE GENERATED BY THE CHAT ASSISTANT, AND NO STATEMENT MADE BY THE CHAT ASSISTANT CREATES ANY WARRANTY OR OBLIGATION NOT EXPRESSLY SET OUT IN THESE TERMS.

5.3 Statutory Rights

Some jurisdictions do not allow the exclusion of certain warranties. To the extent any warranty cannot be excluded under the law applicable to you, that warranty is limited in duration and scope to the minimum extent permitted by that law, and nothing in these Terms is intended to limit any non-waivable statutory right you may have.

6. Indemnification

6.1 Your Indemnity

You will defend, indemnify and hold harmless Quintech, its affiliates and their respective officers, directors, employees, agents and licensors from and against any third-party claim, demand, action or proceeding, and all resulting losses, damages, liabilities, costs and reasonable attorneys' fees, arising out of or relating to: (a) your breach of these Terms, including Section 3.5 and Section 4; (b) any use, exhibition, distribution or modification of a Video outside the scope of the licence granted in Section 3.3; (c) your Purchaser Materials, including any claim that they infringe or violate the rights of a third party; or (d) your violation of any applicable law or the rights of any third party.

6.2 Procedure

We will notify you promptly of any claim for which we seek indemnification, and will provide reasonable cooperation at your expense. We may participate in the defense with counsel of our own choosing at our expense, and you will not settle any claim in a manner that imposes any obligation or admission on us without our prior written consent.

7. Limitation of Liability

7.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUINTECH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR DATA, OR FOR ANY COST OF SUBSTITUTE CONTENT, ARISING OUT OF OR RELATING TO THE SERVICE OR ANY VIDEO, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUINTECH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE AND ANY VIDEO WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO QUINTECH IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (B) ONE HUNDRED U.S. DOLLARS (US$100).

7.3 Exceptions

The limitations in this Section 7 do not apply to any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, gross negligence, wilful misconduct, or death or personal injury caused by negligence. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

7.4 Basis of the Bargain

You acknowledge that the disclaimers in Section 5 and the limitations in this Section 7 are an essential basis of the bargain between you and Quintech and are reflected in the Fees.

8. Term, Suspension and Termination

8.1 Term

These Terms take effect when you first accept them or use the Service and continue for so long as you use the Service or retain any copy of a Video.

8.2 Suspension and Termination

We may suspend your access to the Service and revoke the licence granted in Section 3.3 immediately, with or without notice, if you materially breach these Terms, if we are required to do so by law, or if we reasonably believe your use creates a risk of legal liability for us or for any third party.

8.3 Effect of Termination

On revocation of the licence, you will immediately cease all use and exhibition of the affected Video and delete or destroy all copies in your possession or control. Termination does not entitle you to any refund except as required by law.

8.4 Survival

Section 3, Section 5, Section 6, Section 7, Section 9 and Section 10, together with any other provision that by its nature is intended to survive, will survive termination or expiry of these Terms.

9. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT AS DESCRIBED BELOW.

9.1 Informal Resolution First

Before commencing an arbitration or any proceeding, you and Quintech agree to attempt to resolve the dispute informally. The complaining party must send a written Notice of Dispute describing the nature and basis of the claim, the relief sought, and (if sent by you) your name, order number and contact details, to legal@quin-tech.ai or to the address in Section 10.4. The parties will negotiate in good faith for sixty (60) days from receipt of the Notice of Dispute. Completion of this process is a condition precedent to commencing arbitration, and any applicable limitation period is tolled during it.

9.2 Agreement to Arbitrate

If the dispute is not resolved under Section 9.1, you and Quintech agree that any dispute, claim or controversy arising out of or relating to these Terms, the Service, any Video, or the relationship between you and Quintech, whether based in contract, tort, statute, fraud or any other theory, will be resolved by final and binding individual arbitration, and not in court, except as expressly provided in Section 9.10, Section 9.12 and Section 9.13. The Federal Arbitration Act governs the interpretation and enforcement of this Section 9.

9.3 Delegation

The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability or formation of this Section 9, including any claim that it is void or voidable, except that a court of competent jurisdiction (and not an arbitrator) will decide the enforceability of the class action waiver in Section 9.9 and any claim for public injunctive relief under Section 9.10.

9.4 Your Right to Opt Out

You may opt out of this arbitration agreement. To do so, send written notice within thirty (30) days after you first accept these Terms to legal@quin-tech.ai or to the address in Section 10.4, stating your name, mailing address, email address used with the Service, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms or your use of the Service, and we will not retaliate against you for opting out. If you opt out, Section 10.2 governs the forum for your disputes.

9.5 Arbitration Forum and Rules

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules where you are an individual acting primarily for personal, family or household purposes, and otherwise under its Commercial Arbitration Rules, in each case as modified by these Terms. The rules are available at www.adr.org. The arbitration will be conducted by a single arbitrator. If the AAA is unavailable or declines to administer the arbitration consistently with these Terms, the parties will agree on an alternative administrator or, failing agreement, a court of competent jurisdiction will appoint one.

9.6 Fees and Costs

Where you are an individual consumer, Quintech will pay all AAA filing, administration and arbitrator fees in excess of what you would have paid to file the claim in court, unless the arbitrator determines that your claim was frivolous or brought for an improper purpose. Each party will otherwise bear its own attorneys' fees and costs, except where a statute or the applicable rules provide otherwise, or where the arbitrator determines a claim or defense was frivolous.

9.7 Location and Format

Where you are an individual consumer, the arbitration will take place in the county of your residence, or, at your election, will be conducted by telephone, by videoconference, or solely on the basis of written submissions. Where you are a business purchaser, the arbitration will take place in [San Francisco] County, California, unless the parties agree otherwise.

9.8 Arbitrator's Authority

The arbitrator may award any relief that a court could award on an individual basis, including declaratory and injunctive relief in favour of the individual party seeking relief and only to the extent necessary to provide that relief. The arbitrator's award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.

9.9 Class Action Waiver

YOU AND QUINTECH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate or join the claims of more than one person and may not preside over any form of class or representative proceeding, except as expressly permitted by Section 9.11. If a court decides that this waiver is unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court of competent jurisdiction, and all other claims will proceed in arbitration.

9.10 Public Injunctive Relief

Notwithstanding Section 9.2 and Section 9.9, nothing in these Terms waives, and the arbitrator has no authority to determine, any claim for public injunctive relief that may not be waived under applicable law, including California law. Any such claim must be brought in a court of competent jurisdiction and will be stayed pending completion of the arbitration of the parties' individual claims.

9.11 Batch Arbitration

If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against Quintech by or with the assistance of the same or coordinated counsel within a ninety (90) day period, the parties will cooperate with the AAA to have the demands administered in sequential batches of no more than one hundred (100) demands, each batch before a single arbitrator, with a single set of administrative fees per batch. Any applicable limitation period is tolled for demands awaiting a batch. This provision is intended to promote efficiency and does not affect any party's right to individualized resolution of its claim.

9.12 Small Claims

Either party may bring an individual claim in small claims court, so long as the claim remains in that court, is brought on an individual basis, and is within that court's jurisdiction.

9.13 Injunctive Relief for Intellectual Property

Either party may seek provisional, preliminary or injunctive relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or unauthorized use of its intellectual property rights, including a breach of Section 3.5, without first complying with Section 9.1, and without waiving any other provision of this Section 9.

9.14 Changes to this Section

If we make any material change to this Section 9 after the date you last accepted these Terms, the change will not apply to any dispute of which we had actual notice before the change, and you may reject the change by sending written notice within thirty (30) days of the change, in which case the version of this Section 9 in effect immediately before the change will continue to apply.

9.15 Severability and Survival

If any part of this Section 9 other than Section 9.9 is found unenforceable, that part will be severed and the remainder will continue in effect. This Section 9 survives termination of these Terms and the end of your relationship with Quintech.

10. General Provisions

10.1 Governing Law

These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the State of California, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 9. If you are an individual consumer resident outside California, nothing in this Section 10.1 deprives you of the protection of any mandatory consumer-protection provision of the law of your place of residence that cannot be derogated from by agreement.

10.2 Forum for Court Proceedings

Subject to Section 9, any claim that is not subject to arbitration, or that is brought by a party who has validly opted out under Section 9.4, will be brought exclusively in the state or federal courts located in [San Francisco] County, California, and each party consents to the personal jurisdiction of those courts and waives any objection based on venue or forum non conveniens.

10.3 Changes to these Terms

We may amend these Terms by posting a revised version on the Site with an updated "Last updated" date. Material changes will be notified to you by email or by a conspicuous notice on the Site before they take effect. The version of these Terms in effect at the time you place an order governs that order. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms; if you do not agree, you must stop using the Service.

10.4 Notices

We may give you notice by email to the address associated with your order or by posting on the Site. You may give us notice at legal@quin-tech.ai or by mail to 1728 Elizabeth Street, San Carlos, CA 94070, Attention: Legal. Notice by email is deemed received on the day it is sent.

10.5 Entire Agreement; Severability

These Terms, together with the Privacy Policy and the order confirmation for each Video, constitute the entire agreement between you and Quintech regarding the Service and supersede all prior or contemporaneous understandings. In the event of a conflict, these Terms prevail over an order confirmation except as to price, quantity and delivery details. If any provision is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will continue in full force.

10.6 No Waiver

Our failure to enforce any provision is not a waiver of our right to do so later. Any waiver must be in writing to be effective.

10.7 Force Majeure

We are not liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including acts of God, fire, flood, epidemic, war, civil unrest, labour disruption, power or telecommunications failure, internet or hosting-provider outage, or failure of any third-party artificial intelligence or infrastructure provider.

10.8 Third-Party Services

The Service relies on third-party providers, including payment processors, hosting providers and artificial intelligence model providers. Your use of any third-party website or service linked from the Site is governed by that third party's terms, and we are not responsible for it.

10.9 California Consumer Notice

Under California Civil Code § 1789.3, California residents are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at [1625 North Market Blvd., Suite N 112, Sacramento, California 95834], or by telephone at [(800) 952-5210].