Terms of Service

1. Who we are and this agreement

QuxStudio is operated by QuxKit Inc. (“QuxStudio”, “we”, “us”), of Dallas Tx. These Terms of Service (“Terms”) are an agreement between you and us about your use of the QuxStudio website, console, chat API, SDKs, webhooks, media and calls (together, the “Service”).

By creating an account you confirm you have read and agree to these Terms and our Privacy Policy. If you use the Service for a company, you agree for that company and confirm you may bind it; “you” then means that company.

You must be at least 18 years old and using the Service for a business or a project you are building. The Service is not a consumer messaging app.

2. What the Service is

QuxStudio gives your application conversations, messages, attachments, read state, realtime delivery, webhooks and, where enabled, voice and video calls, through an API you call with a key from your workspace. Your application decides who its users are and what they may do; we hold and deliver what it sends us.

• Workspaces. Each workspace has its own keys, data and plan. Its data is kept apart from every other workspace's by the database itself.
• Plans and limits. Each plan includes an amount of monthly active users and messages, and other limits shown on our pricing page. When a workspace reaches a limit of its plan, requests may be refused until the plan changes or the period renews.
• Moving to QuxCloud. You can ask us to move a workspace to QuxCloud, our wider platform, with its data and keys. Once moved, QuxCloud's terms apply to it.

3. Your account and your keys

You sign in with a QuxCloud account. Keep your sign-in details confidential, and tell us promptly at [email protected] if you think your account has been misused.

API keys act for the workspace that created them. Keep them on your servers, never in a browser or a mobile app; anything done with a key is done by your workspace. Revoke a key you think has leaked — the console does it at once. Give us accurate information and keep it current.

4. Your content, and your users

“Customer Content” is everything your application or its users send through the Service: conversations, messages, attachments, media, metadata, webhook settings and call signals.

• It is yours. You give us the permission we need to host, copy, transmit and display it to run the Service for you, and nothing more. We do not sell it, use it to train or evaluate artificial-intelligence models, or use it to advertise.
• We act on your instructions. For your users' personal information we are your service provider (in some places, your “processor”): you decide why and how it is processed, and you are responsible for having a lawful basis, giving your users the notices the law requires, and answering their requests. Tell us if you need a data processing agreement.
• You answer for it. You are responsible for your application, your users and what they send, including their compliance with these Terms.
• Deleting it. Your application can delete conversations, messages and media through the API. When a workspace is closed we delete its Customer Content within a reasonable time, except what the law or our records require us to keep.

5. Acceptable use

You may not, and may not let your users or anyone else:

• send spam, malware, phishing, or content that is unlawful, infringing, sexually exploits children, threatens or harasses people, or promotes violence;
• use the Service to track, surveil or profile people without the notice and consent the law requires, or to send messages people have not asked for;
• get around a limit we place on the Service — plan limits, rate limits, key scopes, or any technical measure — or access another workspace's data;
• probe or test the Service's security, overload it, resell it as a service of your own without our written agreement, or reverse engineer it except where the law allows despite this restriction;
• use the Service in a way that could make us breach a law or a provider's terms.

We may remove content, refuse requests, revoke keys or suspend a workspace to stop a breach of this section, and where we reasonably can, we will tell you first.

6. Our Service, and what you may do with it

The Service, the console, the documentation and the SDKs are ours or our licensors'. We give you a limited, revocable, non-exclusive, non-transferable licence to use them to build and run your application during your subscription. The SDKs come with their own licence, which governs where it differs. Everything not expressly granted is reserved.

7. We can change the Service and these Terms

We may add, change or remove features, plans and limits, and we may stop offering all or part of the Service. For a change that removes something you rely on, we will give reasonable notice where we can.

We may update these Terms. The version and date at the top will change. For a change that materially reduces your rights we will give reasonable notice by email or on the Service before it takes effect. If you keep using the Service after a change takes effect, the updated Terms apply; if you do not agree, stop using the Service and you may close your account.

8. Feedback

If you send us feedback or suggestions, you give us a perpetual, worldwide, royalty-free licence to use them to improve the Service, without obligation to you. Do not send us anything confidential or that you do not have the right to share.

9. Third parties

Your webhooks send events to the addresses you choose, and attachments can point anywhere your application links to. We do not control those destinations, and what happens there is between you and them.

10. Disclaimers

The Service is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including availability, merchantability, fitness for a particular purpose and non-infringement, and any warranty that a message, webhook or call will be delivered or delivered on time. The Service is not for emergency communication.

11. Limitation of liability

To the fullest extent the law allows, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data, goodwill or business opportunity, arising from the Service. Our total liability for all claims relating to the Service is limited to the greater of the amount you paid us in the twelve months before the claim and one hundred US dollars.

Some places do not allow some of these limits; where they do not, they apply to the extent the law permits. Nothing in these Terms limits liability that cannot be limited by law.

12. Your responsibility to us

You will defend and indemnify us, and our officers, employees and agents, against claims, losses and costs (including reasonable legal fees) arising from your application, your Customer Content, your users' use of the Service, or your breach of these Terms.

13. Suspension and termination

You can stop using the Service and ask us to close your account at any time. We may suspend or close your account or a workspace, or restrict access to the Service, if we reasonably believe you have breached these Terms, if your use puts the Service or others at risk, or if the law requires it.

Sections 4, 5, 6, 10, 11, 12, 14 and 15 continue after your account ends, as does anything else that by its nature should.

14. Governing law and disputes

These Terms are governed by the laws of The State of Texas, without regard to conflict-of-law rules. The courts of Dallas, County have exclusive jurisdiction, and you and we consent to them; either of us may still seek an injunction anywhere to protect intellectual property or the Service.

Before starting a formal dispute, please contact us at [email protected] and give us 30 days to try to resolve it.

15. General

These Terms and the Privacy Policy are the whole agreement between you and us about the Service. If a provision is unenforceable, the rest still applies and that provision is enforced to the fullest extent allowed. Our not enforcing a right is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets, including to QuxCloud's operator.

Questions about these Terms: [email protected].