Last modified: January 01, 2022.

Capitalized terms not defined in these Service Specific Terms for Kwikqy Workspace have the meaning stated in the Kwikqy Workspace Services Summary, the Terms of Service for Kwikqy Workspace, or any other applicable agreement governing the use of Kwikqy Workspace Services (in each case, the "Agreement").

These terms apply to all Licenses (editions) of Kwikqy including:

(a) Kwikqy Workspace Flex
(b) Kwikqy Workspace Starter
(c) Kwikqy Workspace Pro
(d) Kwikqy Workspace Full Suite
(e) Kwikqy Workspace Enterprise
(f) Kwikqy Workspace for Education Full Suite
(g) Kwikqy StartUp
(h) Kwikqy Workspace Archived User
(i) Kwikqy Workspace Co Worker
(j) Kwikqy Smart Search

1. Data Regions. All data, including primary data, for the entire Kwikqy Workspace will be stored in Europe.

2. Kwikqy Safe. The following terms only apply to Kwikqy Safe:
Should the Customer not renew its Kwikqy License, all data stored in Kwikqy Safe shall be deleted at the termination date. 

3. Kwikqy Smart Search. The following terms only apply to Kwikqy Smart Search.

3.1 Third Party Data Sources. Customer's use of third party data sources in connection with the Services including Kwikqy Smart Search, is subject to and governed by the terms of service and other agreements between Customer and the applicable provider of the third party data source. The Customer is solely responsible for compliance with such third party data source terms, including ensuring necessary rights to allow Kwikqy to access or use such third party data sources for provisioning the Services including Kwikqy Smart Search to the Customer.

3.2. Feedback/feature requests. The Customer may provide feedback or feature requests for Kwikqy's consideration, which Kwikqy may in its sole discretion consider adding to the future iterations of Kwikqy Smart Search and the Services. Kwikqy is not obligated to implement any feedback or feature request, whether or not it is added to Kwikqy Smart Search and the Services.

4. Pre-General Availability Offerings Terms. Kwikqy may make available to the Customer pre-general availability Kwikqy Workspace features, services, or software that are identified as "Early Access," "Alpha," "Beta," "Preview," "Experimental," or a similar designation in the Services Summary, related documentation or materials, or a Test Application (as defined below) (collectively, "Pre-GA Offerings" ). While Pre-GA Offerings are not Services, The Customer's use of Pre-GA Offerings is subject to the terms of the Agreement applicable to Services, as amended by this Section 4.

4.1 Access to and Use of Pre-GA Offerings.

(a) Test Applications. The Customer may apply to be a test user of one or more Pre-GA
Offerings by submitting the application(s) available via the Admin Console or through other communication channels available at Kwikqy ("Test Application(s)"). If Kwikqy accepts Customer as a test user of any Pre-GA Offering, Kwikqy will make that Pre-GA Offering available for use by the Customer subject to the terms of this Section 4. Additional terms ("Specific Test Terms") may apply to that Pre-GA Offering and, if applicable, will be provided by Kwikqy via the Test Application or otherwise in writing before any use by the Customer of the Pre-GA Offering. The Test Application and any Specific Test Terms are incorporated into this Section 4.

(b) Use of Customer Test Data. Subject to Section 4(c) (Use Restriction for Government Customers), Kwikqy may, and the Customer will (including by collecting or providing any required consents or notices) ensure that Kwikqy may use any Customer Data (including Customer Personal Data) submitted, stored, sent or received via any Pre-GA Offerings by Customer or its End Users ("Customer Test Data") to provide, test, analyze, develop and improve those Pre-GA Offerings and any Kwikqy products and services used with them without any restriction or obligation to the Customer, any End User or any third party, other than as stated in the Agreement's confidentiality provisions and below.

If the Customer has accepted or the parties have otherwise agreed to Kwikqy's then-current terms describing data protection and processing obligations with respect to Customer Data as stated at https://kwikqy.com/en/legal/privacy, the Privacy Policy will apply to Pre-GA Offerings as "Services" and, for clarity, this Section 4 will form part of the "Agreement", subject to the following amendments:

(i) Pre-GA Offerings are not "Audited Services";
(ii) Customer acknowledges that, for purposes of Deletion During Term and to the extent permitted by applicable law, the functionality of the Pre-GA Offerings may not allow deletion of Customer Test Data during the period during which Customer is permitted to use the Pre-GA Offering ("Pre-GA Term"), but that Customer Test Data will be deleted upon expiration of the Term in accordance with Deletion on Term Expiry;
(iii) Unless stated otherwise in the applicable Test Application: (A) information about Subprocessors engaged in relation to Pre-GA Offerings, including their functions and locations, will be made available in writing by Kwikqy upon request from Customer; and (B) Kwikqy will inform the Customer of the engagement during the Pre-GA Term of any new third party Subprocessor in relation to Pre-GA Offerings (including the name and location of the Subprocessor and its activities) by sending an email to the Notification Email Address before the Subprocessor starts processing any Customer Test Data. The Customer may, as its sole and exclusive remedy if Customer objects to the Subprocessor, cease using the applicable Pre-GA Offering.

(c) Use Restriction for Government Customers. Unless authorized in writing by Kwikqy, the following Customers may only use test or experimental data with Pre-GA Offerings and are prohibited from using any "live" or production data in connection with Pre-GA Offerings: government customers, including federal, national, state, provincial, or local government or regulatory entities or agencies and excluding Customers that are educational institutions.

(d) Feedback. The Customer may provide feedback and suggestions about the Pre-GA Offerings to Kwikqy, and Kwikqy and its Affiliates may use any feedback or suggestions provided without restriction and without obligation to Customer.

4.2 Other Terms.
PRE-GA OFFERINGS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND.
Pre-GA Offerings (a) may be changed, suspended or discontinued at any time without prior notice to Customer and (b) are not covered by any SLA or Kwikqy indemnity. Except as otherwise expressly indicated in a Test Application or other documentation or materials for a given Pre-GA Offering, (i) Pre-GA Offerings may not be covered by TSS and (ii) Customer may not use Pre-GA Offerings to process protected health information, and for Customers located and/or active in the USA, as defined in HIPAA. With respect to Pre-GA Offerings, to the maximum extent permitted by applicable law, Kwikqy will not be liable for any amounts in excess of the lesser of (i) the limitation on the amount of liability stated in the Agreement or (ii) EUR 500,00 (five hundred Euro). 

Nothing in the preceding sentence will affect the remaining terms of the Agreement relating to liability (including any specific exclusions from any limitation of liability). Kwikqy may terminate Customer's use of a Pre-GA Offering at any time with written notice to Customer.

5. Verification End Users

5.1 Verification Email address and mobile phone number. The Workspace can only be used after every End User has been verified as set forth below. Prior to gaining access to the Kwikqy Workspace, verification of a direct (personal) email address and a mobile phone number is required.

5.2  Inviting End Users. The Customer may invite other users with a Domain Email Address to use the Services. If those users accept Customer's invitation to use the Services, they will be considered Customer's End Users under the Agreement.

5.3 Data Deletion. In a manner consistent with the functionality and administration of the Services, and unless use of the Services has been Suspended in accordance with the Agreement, at any time the Customer or its End Users can delete or export Customer Data and/or delete its End User Account(s). 

5.4 Services Limitations. Some Services, features and functionality, may not be available unless and until the email address and/or mobile phone number has been verified.

6. Kwikqy telephone services. The following terms only apply to Kwikqy Voice.

6.1 Kwikqy Voice. Kwikqy offers a connection (integration) through Kwikqy Marketplace to connect a verified cloud telephone services provider to the Kwikqy Workspace as an ‘as is’ service. Kwikqy Voice only offers the possibility to connect and is by no means the provider of the telephone services.

6.2 Parties and contract structure for Kwikqy Voice. In order to make use of Kwikqy Voice, the Customer shall enter into an agreement with the respective (entity of the) telephone service provider offering its services on Kwikqy Marketplace.

7. Limits. The applicable limits for your Kwikqy Workspace can be found in the Kwikqy Help Center.

8. Kwikqy Workspace Flex License. The following terms only apply to the Kwikqy Workspace Flex License.

8.1 Active User. An End User who has logged in at least once during the day or part of a day, which shall be the basis for invoicing. The Fees regarding use can be found at kwikqy.com/pricing.

8.2 Block. Kwikqy can block any actions to circumvent the registration and invoicing for Active Users or data storage.

Additional definitions

Audited Services: Services tested by Kwikqy and ready for the production environment

Customer Test Data: The data provided by the Customer, and/or generated automatically during the testing period. 

Deletion During Term:  Deleting (test) data during the testing period/term.  

Item or "Document: Means any piece of digital content that the Service including Kwikqy Smart Search can index, including, if applicable, DOCS, XLS, PPT, and PDF files, a row in a database, unique URLs or any of the supported file types.

Pre-General Availability Offering: The offer of one or more new Services, service functionalities and/or apps that the Customer can test.

Product Planning: Means a document containing planned product features and updates to the Services and Kwikqy Smart Search.

Search Query: Means a request sent by Customer to Kwikqy using Kwikqy Smart Search to retrieve information or a set of results.

Specific Test Terms: Additional terms that apply to the Pre-General Availability Offering

Subprocessors: Kwikqy and external suppliers that logically have access to Customer Data and have the ability to process such data, to ensure optimal functioning of the Services. 

Testapplication(s): A request to be a test user of one or more Pre-General Availability Offerings.