Additional Product Terms

Last modified: January 01, 2022.

From time to time, Kwikqy may make available one or more Kwikqy product(s) and/or service(s) referred to as ‘Additional Products’ in the Agreement. For the purposes of these Additional Product Terms, such product(s) and/or service(s) will be collectively referred to as "Additional Products".

If Customer or any End User uses any Additional Products, Customer agrees to these Additional Product Terms, which will be incorporated into the applicable Agreement. If Customer or any End User uses any such Additional Products, Customer also agrees that the separate terms of service applicable to such products will apply as described below. For clarity, such terms of service will each form a separate agreement and are not governed by, or incorporated into, the applicable Agreement.

If Customer does not wish to enable any Additional Products, or if you are acting on behalf of Customer but do not have the requisite authority to bind Customer to these Additional Product Terms, please disable such Additional Products..

Definitions. All capitalized terms used in these Additional Product Terms have the meanings given to them in the applicable Agreement, unless otherwise defined or stated herein.

Applicable Terms of Service. The Additional Products are subject to (a) these Additional Product Terms and (b) Kwikqy's Terms of Service at or other terms of service that Kwikqy may make available (if applicable, the "Terms of Service"). Customer is responsible under these Additional Product Terms for its End Users' compliance with such Terms of Service. Terms of Service may be updated or changed by Kwikqy from time to time.

Availability. Additional Products may not be available in all countries.

Technical Support. Customer is responsible for responding to questions from End Users relating to Customer's or End Users' use of the Additional Products. Kwikqy only provides technical support services for the Additional Products to the extent described in the applicable Terms of Service, and will not provide other technical support for the Additional Products unless Kwikqy agrees otherwise in writing.

Compliance with Laws. Customer agrees to provide Additional Products to its End Users in compliance with all applicable laws and regulations, including privacy and data protection laws and, where applicable, the United States Family Educational Rights and Privacy Act (FERPA) of 1974, the United States Children's Internet Protection Act (CIPA), and the United States Children's Online Privacy Protection Act (COPPA) of 1998.

Customer Access to End User Data. Customer may be able to access, monitor, delete, rectify, export, use or disclose data provided by and related to End Users in the context of Additional Products or to disable End User Accounts for Additional Products. To the extent Customer has any such abilities, Customer will provide End Users with relevant information and facilitate the exercise of any related rights of End Users under privacy or data protection laws. If Kwikqy receives any request from an End User pertaining to Customer’s processing of his/her personal data in relation to any Additional Products, Kwikqy will advise the End User to submit his/her request to Customer, and Customer will be responsible for responding to the request.

End-User Consent. Except in relation to End Users described in the Section Parental Consent, Customer will, before it allows any End Users to access or use any Additional Products, obtain and maintain consents from those End Users to the collection and use of their personal information in connection with those Additional Products.

Parental Consent. Before Customer allows any End Users who are under the age of 16 (or such other minimum age as is specified in the relevant European Economic Area member state, the UK or Switzerland) and resident in the European Economic Area, the UK or Switzerland, or any other End Users under the age of 18, to access or use any Additional Products, Customer will obtain parental consent for the collection and use of personal data in connection with those Additional Products.

Refund for Paid Services. If Customer disables an Additional Product for which Customer or an End User has provided payment, Kwikqy will not be obliged to refund any fees paid by Customer and/or the End User for unused paid services. Customer will indemnify Kwikqy from and against all liabilities, damages, losses, expenses and costs (including settlement costs and reasonable legal fees) arising out of End User claims concerning refunds for such paid services

Severability. If any part of these Additional Product Terms is found to be unenforceable, the remainder of the Additional Product Terms will remain in full force and effect.

Modifications. Kwikqy may modify these Additional Product Terms from time to time.

Interpretation of Conflicting Terms. To the extent of any conflict or inconsistency between these Additional Product Terms and the remainder of the applicable Agreement, the remainder of the Agreement will prevail.