Quimby Order Form
Customer: Anyone signing up for an account in Quimby app or signing the order form document.
Services: QuimbyApp, Inc. will provide their product Quimby, a desktop application, to help the Customer get insights into their own or their selected group’s morale, and provide three trainings for the Customer during Pilot Use (the “Service(s)”).
Services Fees: If using, purchasing, or activating a group, the fee is $4.99 per user per month, payable in advance, subject to Quimby End User License Agreement.
If solely using an individual license without any form of group participation, then there is no charge.
Service Term: The service is available in one-year increments, and payable annually.
If solely using an individual license without any form of group participation, then the service is available to you in an ongoing capacity, subject to change without notice, and as Pilot Use or Beta use as defined in the End User License Agreement.
Service Capacity: Customer can add and remove users at any time. Customer will be billed for the following year’s subscription based on the exact number of users at that time.
This plan includes data storage for up to 5 GB. Once over 5 GB, Company will delete old Customer data and Customer will lose the old data. Customer will also have the option to purchase more storage if desired at the rate determined by the Company at that point.
This plan includes analytics on team morale and automated emotional awareness check-ins only. Company reserves the right to charge additional for any other future services and features that the Company makes available in their product.
Aggregated data and analytics are only available to groups with a minimum of three active users.
Pilot Use: Services offered by QuimbyApp, Inc. to Customer with a Pilot Period, use will be restricted to non-productive evaluation use. Notwithstanding anything else, in connection with such pilot/evaluation use (1) fees will apply as specified in Pilot Use Fee below, (2) the Services are provided “AS IS” and no warranty obligations of Company will apply, and (3) Customer may terminate this Agreement and all of its rights hereunder by providing Company written notice thereof no less than 48 hours prior to the end of the stated Pilot Period; otherwise, this Agreement shall continue in effect for the standard Service Term (subject to earlier termination as provided in the Agreement).
Pilot Period: 3 months
Pilot Use Fee: $1000/ training for up to 25 users + $ 4.99 per user per month
Marketing Materials: Customer permits Company perpetual use Customer logos, trademarks, and other brand intellectual property (“IP”) for Company’s marketing materials. Company acknowledges that the IP is provided under license, and not sold, to Company. Company does not acquire any ownership interest in the IP under this Agreement, or any other rights to the IP other than to use the IP to communicate the existence of Customer’s relationship with Company. Customer and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the IP and all rights arising out of or relating to the IP. Customer will indemnify and hold harmless Company for Company’s good faith use of IP. Customer may withdraw its permission by signed, written, and authorized request to Company, but will allow Company ample time to comply with such request. The sale, transfer, acquisition, or other change of ownership in IP shall not affect Company’s rights to use IP subject to this agreement. This provision shall survive the termination of this contract, whether in whole or in part.
SERVICES AGREEMENT
This Services Agreement (“Agreement”) is between QuimbyApp, Inc., a Delaware C Corp (“Company”, “Licensor”) and the Customer listed above (“Customer”, “Licensee”). This Agreement includes and incorporates the above Order Form, as well as the attached Quimby End User License Agreement and contains, among other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof.