1. Acceptance of Terms
Welcome to QIIAA ("QIIAA", "we", "us", or "our"). These Terms of Use ("Terms") govern your access to and use of the qiiaa.com website (the "Website") and the digital content protection services described on our Website, primarily focused on DMCA takedown processes (collectively, the "Services").
By accessing the Website, contacting us to inquire about Services, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access the Website or use our Services. These Terms constitute a legally binding agreement between you ("Client", "you") and QIIAA.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
2. Description of Services
QIIAA offers subscription-based Services designed to help creators protect their digital content from online piracy. Our Services generally involve monitoring online platforms for infringing content, analyzing potential infringements, reporting findings to the Client, and acting as an authorized agent to submit DMCA takedown notices (or equivalent notices under other jurisdictions) to search engines, hosting providers, and other online platforms on behalf of the Client.
We offer several Service Plans (such as Standard, Premium, and Ultimate) with varying levels of monitoring frequency, reporting detail, scope of takedown actions, and support. The specific features, scope, and limitations of each Service Plan are detailed on our Website's pricing/plans section or as agreed upon during the consultation process before purchase. QIIAA reserves the right to modify the features and scope of the Service Plans from time to time.
3. Eligibility and Account
To use our Services, you must be at least 18 years old and have the legal capacity to enter into binding contracts. You represent and warrant that you meet these requirements.
While direct account creation on the Website might not be available, engaging our Services requires providing accurate and complete information during the consultation and onboarding process, including contact details (primarily email) and necessary information for service execution. You are responsible for maintaining the confidentiality of any communication and information related to the Services.
4. Client Obligations and Authorization
To enable QIIAA to perform the Services effectively, you agree to:
- Provide accurate information regarding your identity (or authorized stage name/pseudonym) and the Content you wish to protect.
- Provide proof or a formal declaration of ownership or exclusive rights to the Content submitted for protection. You represent and warrant, under penalty of perjury, that you are the rightful owner or hold exclusive rights to the Content and that the information provided is accurate and truthful.
- Sign or electronically agree to an authorization statement (Letter of Authorization / Agent Authorization Form) granting QIIAA the limited, necessary power of attorney to act as your designated agent solely for the purpose of sending takedown notices related to the specified Content to identified third-party platforms (search engines, hosting providers, websites, etc.).
- Cooperate with QIIAA by providing necessary information promptly, such as lists of authorized platforms (whitelists) or details about specific infringements you are aware of, if requested.
- Notify QIIAA immediately of any changes to your ownership status or authorization regarding the Content.
You acknowledge that QIIAA relies entirely on the information and authorization provided by you. QIIAA is not responsible for any consequences arising from inaccurate information or declarations provided by you. You agree to indemnify and hold QIIAA harmless from any claims, damages, or liabilities arising from your breach of these obligations or representations, including claims from third parties regarding ownership or authorization.
5. Fees, Payment, and Subscription
The fees for our Services are based on the selected Service Plan and billing cycle (e.g., monthly, prepaid 6 or 12 months), as presented on our Website or communicated to you prior to purchase. All fees are quoted in US Dollars unless otherwise specified.
Payment is typically due in advance for the chosen subscription period. Access to Services commences after successful payment and completion of the necessary authorization steps. Payments are processed via a secure third-party payment processor through a link provided via email. You agree to provide valid payment information and authorize us (or our processor) to charge the applicable fees.
Subscriptions are generally set to automatically renew at the end of each billing cycle unless cancelled by you in accordance with the cancellation procedure communicated to you or outlined herein. You are responsible for timely payment. Failure to pay may result in suspension or termination of Services.
Any promotional offers or discounts are subject to specific terms and conditions and may not be applicable upon renewal.
6. Refund Policy
Our policy regarding refunds is detailed in our separate Refund Policy page. Please review it carefully. In general, due to the nature of our Services which commence promptly upon payment and authorization, fees paid are non-refundable.
7. Intellectual Property
You retain all ownership rights to your Content. By using our Services and providing the necessary authorization, you grant QIIAA only a limited, non-exclusive, worldwide, royalty-free license solely to use, reproduce, distribute (in the form of takedown notices), and display necessary portions of your Content (like titles, descriptions, or thumbnails if required in notices) as reasonably required to perform the Services on your behalf.
QIIAA retains all rights, title, and interest in and to its Website, the Services platform, methodologies, software, documentation, and brand materials (logos, trademarks). These Terms do not grant you any rights to QIIAA's intellectual property except for the limited right to use the Services as a Client.
8. Disclaimers and Limitation of Liability
Disclaimer of Warranties:THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
QIIAA USES COMMERCIALLY REASONABLE EFFORTS TO IDENTIFY AND REPORT INFRINGING CONTENT AS PER THE SCOPE OF YOUR SERVICE PLAN. HOWEVER, QIIAADOES NOT GUARANTEETHAT ALL INFRINGING CONTENT WILL BE FOUND OR THAT ALL TAKEDOWN REQUESTS SUBMITTED WILL BE SUCCESSFUL. THE FINAL DECISION TO REMOVE CONTENT RESTS SOLELY WITH THE THIRD-PARTY PLATFORMS (SEARCH ENGINES, HOSTING PROVIDERS, ETC.), AND THEIR RESPONSE TIMES AND ACTIONS ARE OUTSIDE OF QIIAA'S CONTROL.
QIIAA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Limitation of Liability:TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QIIAA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS 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: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICES (INCLUDING HOSTING PROVIDERS OR INFRINGERS); (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (D) THE SUCCESS OR FAILURE OF ANY TAKEDOWN ACTION.
IN NO EVENT SHALL QIIAA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO QIIAA FOR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9. Confidentiality
QIIAA agrees to treat the information you provide about your Content and business as confidential, subject to our Privacy Policy. However, you acknowledge that performing the Services requires disclosing certain information (such as your identity as the copyright holder or QIIAA as your authorized agent, and details about the infringing content and original content) to third-party platforms as part of the takedown notice process.
10. Term and Termination
These Terms become effective upon your first use of the Website or Services and continue as long as you have an active subscription or are using the Services. Subscription terms are typically monthly or prepaid for longer periods, renewing automatically unless cancelled.
You may terminate your subscription at any time by contacting us via the method specified (e.g., through email or contact form via Contact page), usually effective at the end of the current billing period. No refunds will be issued for partial periods (see Refund Policy).
QIIAA may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms, fail to make timely payments, or provide false or misleading information.
Upon termination, your right to use the Services will cease immediately. QIIAA will cease all monitoring and takedown activities on your behalf. Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws ofthe Republic of Poland, without regard to its conflict of law provisions.
Any dispute arising from or relating to the subject matter of these Terms shall first be attempted to be resolved through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree thatthe exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts of general jurisdiction competent for Tarnów, Poland. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
12. Modifications to Terms
QIIAA reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, likely by posting the updated Terms on the Website and indicating the "Last Updated" date. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
13. Miscellaneous
Entire Agreement:These Terms, together with the Privacy Policy, Cookies Policy, Refund Policy, and any specific agreement regarding your Service Plan, constitute the entire agreement between you and QIIAA regarding our Services and supersede all prior agreements or understandings.
Severability:If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Waiver:The failure of QIIAA to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment:You may not assign or transfer these Terms, by operation of law or otherwise, without QIIAA's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. QIIAA may assign or transfer these Terms, at its sole discretion, without restriction.
Notices:Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by QIIAA via email (to the address you provide) or by posting to the Website.
14. Contact Information
If you have any questions about these Terms, please contact us through our Contact page.
Last Updated: June 4, 2024