Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of quackhq.org and the Quack trainable AI customer-support agent platform (collectively, the "Service") operated by Quack, Inc. ("the Company," "we," "us," or "our"), located at 301 Brannan Street, Suite 500, San Francisco, CA 94107. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

The Service is intended for businesses and professionals. The Quack agent processes your support tickets, documentation, and end-user queries to generate responses on your behalf. These Terms govern your access to quackhq.org and your participation in the Quack early-access and subscription program.

2. Use of the Service

• You must be at least 18 years old or have the consent of a parent or legal guardian to use the Service.
• You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to systems or data.
• You may not scrape, reverse-engineer, or copy the Service except as permitted by applicable law.
• When connecting Quack to a helpdesk, you are responsible for ensuring your use of the Service complies with your agreements with your own customers and end users, including applicable privacy obligations relating to the ticket and query data you provide to the Service.

3. Intellectual Property

The Service, including all text, graphics, logos, and software, is owned by Quack, Inc. or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended purpose. You retain all rights in the support tickets, documentation, and data you provide to the Service. You grant the Company a limited license to use, store, and process that content as necessary to operate the Quack agent on your behalf.

4. User Content

You are responsible for any content you submit through the Service (including via contact forms, early-access registration, or helpdesk connections). You represent that you have all necessary rights to submit such content, including the right to share support ticket data and documentation with the Service. You grant us a limited license to use, store, and process the content as necessary to provide the Service and respond to your inquiry. We do not use your ticket content or end-user query data to train models shared with other customers or for any purpose beyond operating and improving the Service for your account.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUACK, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE QUACK AGENT GENERATES RESPONSES BASED ON YOUR DOCUMENTATION AND TICKET HISTORY; THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR FITNESS OF ANY AGENT-GENERATED RESPONSE FOR ANY PARTICULAR CUSTOMER SITUATION.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUACK, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED USD $100.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless Quack, Inc. from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right, including any privacy or data obligations you owe to your own customers or end users.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. On termination, ticket and document indexes associated with your account will be deleted within 30 days in accordance with our data retention practices. Sections that by their nature should survive termination will survive (including Sections 3, 5, 6, 7, 9, and 10).

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in California, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and Quack, Inc. each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in California, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new effective date at the top of this page. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

11. Contact