Last updated: December 06, 2024

Please read these Terms And Conditions carefully before using Our Service.

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company downloaded by You on any electronic device, named Spell Write™.
• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: United States.
• Company (referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to QUIKSTA, INC. 800 North King Street, Suite 304, Wilmington, DE 1980, United States.
• Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
• Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
• In-App Purchase refers to any products, services, or content available for purchase within the Application or Service.
• Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
• Service refers to the Application.
• Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
• Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
• User-Generated Content means any content or material created, submitted, or uploaded by You, the user, while using the Service. This includes, but is not limited to, handwritten spelling words, touchpoints associated with the handwritten words, lists, text, or other data that You create, submit, or generate within the Application.
• You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Children cannot register. As the Responsible Adult you act as gatekeeper for any child using the site under your registration, and you take responsibility for monitoring and moderating any user materials produced by the child, and for making best efforts to protect child data, identity, and privacy.

As the Responsible Adult you may allow children under your control and supervision to use the services under your registration, providing that in doing so you accept and acknowledge that:

• The children you allow to use the services are under your control and supervision and you have appropriate parental consent if you are not the children’s parents.
• You may only allow children, not adults, to use the services under your registration. You will ensure that children choose a username that is not their real name and which does not make them identifiable.
• You recognise the need to prevent unauthorised access to your account and will take all reasonable steps to prevent this.
• You will monitor and moderate user materials produced by the children before allowing it to be shared or made public.

By submitting or creating any handwritten spelling words or other content through the Service, You acknowledge and agree that all such content, including handwritten words and associated touchpoints, shall become the exclusive property of QUIKSTA, INC.

QUIKSTA, INC. will own all rights, title, and interest in and to such content, including any intellectual property rights.

You irrevocably assign to QUIKSTA, INC. all rights, title, and interest in User-Generated Content, including the right to reproduce, distribute, modify, or sell such content without compensation or further approval from You.

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

You may cancel Your Subscription renewal by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.

You shall provide the Company with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancel Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel such Free Trial offer.

The Service may offer products, services, or content available for purchase within the application (hereinafter referred to as "In-App Purchases"). All In-App Purchases are processed through the respective platform (such as Google Play, Apple App Store, etc.) and are subject to their terms and conditions, including their payment policies.

By making an In-App Purchase, you agree to pay all applicable fees and taxes associated with the purchase. You are responsible for ensuring that you have sufficient funds or credit available on your account to cover the cost of the In-App Purchases.

Please note that In-App Purchases are non-refundable, except where required by law or under the platform's refund policies.

We reserve the right to modify, suspend, or discontinue any In-App Purchase at any time without prior notice.

If you experience any issues with your In-App Purchase or require support, please contact the platform from which you made the purchase or reach out to us directly for assistance.

The Service may include AI-powered features, including but not limited to content generation, recommendations, or automated interactions. While we strive to provide accurate and reliable AI-based services, the Company does not guarantee the accuracy, completeness, or reliability of any results or outputs generated by the AI.

You acknowledge that AI systems, including those integrated into our Service, are inherently imperfect and may produce errors, inaccuracies, or unintended results. The Company does not accept responsibility for any such errors, nor for any damages, losses, or harm that may result from reliance on AI-generated outputs.

You agree to use the AI-powered features at your own risk, and you understand that the Company shall not be held liable for any errors, omissions, or consequences arising from the use of AI-based services provided through the Service.

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

The Service and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

You represent and warrant that:

• You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country;
• You are not listed on any United States government list of prohibited or restricted parties.
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If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

If You have any questions about these Terms and Conditions, You can contact us:

• By email: info at quiksta.com