Terms of service

1. Who we are and scope

These Terms of Service ("Terms") apply to your use of QUIX, the narrowcasting and digital signage platform, including the web-based CMS, the player software for Android and Windows, our website and related services (together the "Services").

The Services are provided by QUIX, trading as QUIX, Zompstraat 39, 8102 HX Raalte, registered with the Dutch Chamber of Commerce under number 96778989, VAT number NL867760928B01 ("QUIX", "we", "us").

The Services are intended for business use only. If you accept these Terms on behalf of a company or organization, you confirm that you are authorized to bind that organization. If a written agreement or order form signed by both parties conflicts with these Terms, the signed document prevails.

By clicking "Continue" when creating an Account, by signing an order form that refers to these Terms, or by using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

2. Definitions

Account: the account through which you access the Services.

Customer or you: the company or organization that holds the Account.

Authorized User: any person you allow to use your Account.

Screen: a display connected to a player that shows content managed through the Services.

Player Software: the QUIX software that runs on a device and displays content on a Screen.

Customer Content: all media, text, data, layouts, playlists and other material that you or your Authorized Users upload to or create in the Services.

Subscription: the paid plan you selected, including the number of Screens and features.

Documentation: the guides and help material we make available about the Services.

Reseller: a partner that we have authorized in writing to resell or offer the Services to End Customers.

End Customer: an organization that uses the Services through a Reseller.

3. Account and access

You must provide accurate information when registering and keep it up to date. You are responsible for all activity under your Account, including activity by Authorized Users. Keep your login details confidential and do not share a single login between multiple people. Tell us without delay if you suspect unauthorized access.

4. Right to use the Services

Subject to these Terms and payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the term of your Subscription, for your internal business purposes and up to the number of Screens covered by your Subscription. You may only resell or offer the Services to third parties if we have agreed to this in writing, for example under a reseller or partner agreement (see Section 11).

We may verify the number of Screens and players connected to your Account. If you use more Screens than your Subscription covers, we may invoice the difference from the date the excess use started, or ask you to upgrade.

Storage, bandwidth and API use are subject to the limits of your Subscription or the Documentation. If your use is unreasonably high compared to typical use of your plan, or affects other customers, we may ask you to reduce it or move to a suitable plan.

5. Player Software and updates

We grant you a licence to install and run the Player Software on devices you control, only for use with the Services and for the number of Screens in your Subscription. The Player Software may update itself automatically over the air to keep it secure and compatible with the platform. You are responsible for choosing hardware that is compatible with the Player Software and for the network, power and physical installation of your devices and Screens. We can only support the Player Software on devices and operating system versions listed in the Documentation.

6. Acceptable use

You will not, and will not allow others to:

copy, modify, translate or create derivative works of the Services or the Player Software;

decompile, reverse engineer or try to obtain the source code, except where mandatory law allows this;

circumvent technical limits, security measures or the Screen limit of your Subscription;

use the Services to transmit malware, or to interfere with or overload the Services or their infrastructure;

use the Services to show or distribute content that is unlawful, infringing, defamatory, discriminatory, sexually explicit, misleading or harmful;

access the Services by automated means (such as scraping) other than through interfaces we provide;

use the Services in breach of applicable law, including sanctions and export rules.

7. Customer Content

You own your Customer Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit and display Customer Content, and to adapt it technically (for example transcoding or resizing), only as needed to provide and secure the Services.

You are solely responsible for your Customer Content and for what is shown on your Screens. You confirm that you have all rights, licences and consents required for it, including rights in images, video, fonts, music and third-party data feeds, and any public performance or broadcast licences that apply where your Screens are located. You also confirm that Customer Content and its display do not violate applicable law or the rights of third parties.

We do not monitor Customer Content in advance. We may remove or block Customer Content, or suspend affected Screens, if we have reasonable grounds to believe it is unlawful or violates these Terms, for example after a notice from a third party or an authority. Where reasonable we will inform you first. To report illegal content, contact support@quixone.com with a description of the content, where it is located and why you consider it illegal.

We may monitor the use and performance of the Services for technical, security and legal compliance purposes. We may terminate Accounts that repeatedly infringe the rights of third parties or violate these Terms.

The Services are not designed as a safety-critical or emergency alerting system. Do not rely on the Services as your only means of communicating urgent safety information.

8. Third-party services and integrations

The Services can connect to third-party services, such as data sources, apps and content providers. Those services are governed by their own terms and are outside our control. We are not responsible for their availability, content or handling of data. By enabling an integration you authorize us to exchange the data needed for that integration to work.

9. Fees, payment and renewal

Fees are stated on our pricing page or in your order form and are exclusive of VAT unless stated otherwise. We add VAT to our invoices where the law requires this. If you are a business established in another EU country, you must provide a valid VAT identification number, so that we can apply the VAT reverse charge where the law allows this. Subscriptions are billed in advance, per month/year, through our payment provider. You authorize us and our payment provider to charge the payment method you provide.

Subscriptions renew automatically for the same period unless you cancel before the end of the current period through your Account or by emailing support@quixone.com. Fees already paid are not refundable, except where these Terms or mandatory law say otherwise.

Unless agreed otherwise, invoices must be paid within 14 days. If you do not pay on time, we may charge statutory commercial interest and reasonable collection costs, and may suspend the Services after giving you notice. We may change prices for a renewal period by giving you at least 30 days' notice before that period starts. If you do not agree, you can cancel before the renewal.

Section 10 applies to the Evaluation Period and the Free Plan.

10. Evaluation Period and Free Plan

New Customers may receive a one-time free evaluation period of 30 days, starting on the day the Account is created, with all features for up to 1 Screen (the "Evaluation Period"). The Evaluation Period is available once per Customer and only for Accounts created directly with us, not through a Reseller.

When the Evaluation Period ends, you must choose a paid Subscription or the free plan (the "Free Plan"). If you do not choose a paid Subscription, your Account continues on the Free Plan. The Free Plan is limited to one Screen and basic features and continues until it is ended in accordance with these Terms. You may not hold more than one Free Plan Account, directly or indirectly, and you may not use the Free Plan to provide the Services to third parties.

If your Account moves to the Free Plan, whether after the Evaluation Period or because a paid Subscription ends or is not renewed, the number of available Screens and features is reduced. Customer Content connected to Screens beyond the Free Plan limit may become inaccessible or be permanently deleted.

If you do not log in to a Free Plan Account for more than 365 days, we may permanently delete the Account and its Customer Content. After the first six months of inactivity we will send you a reminder about every 60 days, so that you can keep the Account active or upgrade to a paid Subscription. Deleted content cannot be recovered.

During the Evaluation Period the Services are provided "as is", without support or warranty of any kind, and our total liability in connection with the Services during that period is limited to EUR 100.

11. Resellers and End Customers

You may only resell or offer the Services to End Customers if we have authorized you in writing as a Reseller, for example under a reseller or partner agreement. As a Reseller you will make sure that each End Customer accepts these Terms, or terms that are at least as protective of QUIX, before using the Services, and you will tell us on request to whom you provide the Services. You are responsible for the use of the Services by your End Customers as if they were your Authorized Users.

These Terms apply to the Customer, its Authorized Users and End Customers that use the Services through a Reseller. If we have no direct agreement with an End Customer, the Reseller remains responsible towards us for the End Customer's use.

You may agree separate terms with your Authorized Users or End Customers (an "EULA"). An EULA is solely between you and them. We are not a party to it and are not liable under it. It must comply with these Terms and applicable law, and it must give you all the licences, rights, consents and permissions needed for the Customer Content.

12. Availability, support and maintenance

We use commercially reasonable efforts to keep the Services available and to provide support as described in the Documentation. We may carry out maintenance, and will try to announce planned downtime in advance. Unless we agree a separate service level agreement (SLA) in writing, we do not guarantee any specific uptime. Players are designed to keep playing cached content when they lose connection, but we cannot guarantee this for every device, configuration or content type.

13. Intellectual property

We and our licensors own all intellectual property rights in the Services, the Player Software, the Documentation and any templates we provide. Nothing in these Terms transfers those rights to you. If you give us feedback or suggestions, we may use them freely without obligation to you.

We may collect and use technical and usage data about the Services, such as device status, error logs and feature usage, to operate, secure and improve the Services. We only share or analyse this data outside the provision of the Services in aggregated or de-identified form.

The Services and the Player Software may include open source components. Those components are licensed under their own licences, which apply to them instead of these Terms to the extent those licences require.

14. Personal data

We process personal data in line with the General Data Protection Regulation (GDPR) and our Privacy Policy. For personal data contained in Customer Content or otherwise processed on your behalf, you are the controller and we act as processor, and our Data Processing Agreement (DPA) applies. You are responsible for having a legal basis and for informing the people whose data you put in the Services, for example if your content shows personal data or your Screens are placed where people can be identified.

Customer Content is hosted on infrastructure located within the European Union. We do not transfer personal data outside the European Economic Area without appropriate safeguards, such as the European Commission's Standard Contractual Clauses, or unless you instruct us to (for example by enabling an integration with a third-party service). We use sub-processors under GDPR-compliant agreements. The list of sub-processors is available on request at support@quixone.com, and we will notify you of relevant changes as described in the DPA.

15. Security

We apply appropriate technical and organizational measures to protect the Services and Customer Content, including encrypted connections, access controls, monitoring and regular encrypted back-ups, as described in our Privacy Policy and DPA. You are responsible for securing your Account, your devices, your network and your Authorized Users' access.

16. Confidentiality

Each party will keep confidential the non-public information it receives from the other party that is marked confidential or that should reasonably be understood to be confidential, and will only use it to perform or use the Services. This does not apply to information that is public without breach, was already known to the receiving party, was independently developed, or was lawfully received from a third party. A party may disclose confidential information where required by law or a court order, provided it informs the other party first where allowed.

17. Warranties and disclaimer

We will provide the Services with reasonable skill and care. Beyond that, the Services are provided "as is" and "as available". To the extent permitted by law, we do not warrant that the Services will be uninterrupted or error free, or that they meet your specific requirements. You confirm that you have not relied on statements about the Services on our website, in marketing materials or in presentations that are not included in these Terms, the Documentation or your order form.

Each party confirms that it is a validly existing company or organization, that it has the power and authority to enter into these Terms, and that it has the licences, consents and permissions it needs to perform them.

18. Limitation of liability

Our total liability to you for all claims arising from or relating to the Services or these Terms in any period of twelve months is limited to the greater of (a) the fees you paid to us for the Services in the twelve months before the event that caused the damage and (b) EUR 100.

We are not liable for indirect or consequential damages, including lost profit, lost revenue, lost business opportunities, loss of goodwill or damage caused by content shown on your Screens.

Nothing in these Terms limits liability that cannot be limited by law, including liability for intent or deliberate recklessness, or for death or personal injury caused by negligence.

19. Indemnification

You will indemnify us against claims by third parties arising from (a) your Customer Content, (b) your or your Authorized Users' use of the Services in breach of these Terms or applicable law, including privacy law, (c) your agreements with your Authorized Users and End Customers, or (d) an infringement of third-party rights by your content or your use of the Services. We will inform you promptly of such a claim and allow you to take reasonable part in its defence.

20. Term, suspension and termination

These Terms start when you first accept them or use the Services and remain in force as long as you have an Account. You may cancel your Subscription at any time, with effect at the end of the current billing period. After that, your Account moves to the Free Plan (see Section 10), unless you close your Account.

Either party may terminate with immediate effect if the other party materially breaches these Terms and does not remedy the breach within 14 days of written notice, or becomes insolvent. We may suspend your access immediately if this is needed to protect the security or integrity of the Services, to comply with the law, or because of serious or repeated breaches of Section 6 or Section 7.

After termination, your right to use the Services ends. You can export your Customer Content for 30 days after termination. After that period we may delete your Account and Customer Content, subject to backup retention periods and legal obligations. Back-ups are kept for a limited period and are overwritten in the normal course, after which your data is permanently removed. Amounts you owe us up to the date of termination remain payable, and each party will, on request, return or delete the confidential information of the other party. Sections that by their nature should continue (including intellectual property, confidentiality, liability, indemnification and governing law) remain in force.

21. Sanctions and export

You confirm that you are not subject to applicable EU, UN, US or other relevant sanctions, and that you will not use the Services in violation of sanctions or export control laws.

22. Changes

We may improve, change or discontinue parts of the Services. If a change materially reduces the functionality of your Subscription, we will notify you in advance, and you may cancel with effect from the date of the change. We may update these Terms. For material changes we will give you at least 30 days' notice by email or in the Services. If you continue to use the Services after the effective date, you accept the updated Terms. If you do not agree, you can cancel before that date. Disputes are resolved under the version of these Terms that was in force when the dispute arose.

23. General

Notices: we may send notices to the email address on your Account. You may send notices to support@quixone.com.

Assignment: you may not transfer these Terms without our written consent. We may transfer them to a successor of our business.

Force majeure: neither party is liable for failure caused by events beyond its reasonable control, such as internet or power outages, third-party infrastructure failures, natural disasters or government measures. Payment obligations are not covered.

No waiver: a failure or delay by either party to enforce a provision is not a waiver of that provision or of the right to enforce it later. A waiver is only valid if it is made in writing.

Customer name and logo: we may name you as a customer and use your name and logo on our website and in marketing materials, unless you object in writing.

Severability: if a provision is invalid, the rest remains in force and the provision is replaced by a valid one that comes closest to its intent.

Entire agreement: these Terms, together with the Privacy Policy, the DPA and any signed order form, form the entire agreement between us regarding the Services. Terms on a purchase order, in your own general terms or in any other document of yours do not apply and do not change these Terms, even if we do not object to them.

Language: the English text of these Terms is the authentic text. Translations are for convenience only.

24. Governing law and disputes

These Terms are governed by the laws of the Netherlands, excluding the UN Convention on Contracts for the International Sale of Goods. Disputes will be submitted exclusively to the competent court in Rechtbank Oost-Nederland, the Netherlands, unless mandatory law provides otherwise. We encourage you to contact us first so we can try to resolve the matter informally.

25. Contact

QUIX, Zompstraat 39, 8103 HX Raalte, 96778989

Email: support@quixone.com