Last Updated 19/11/2024.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, as this is your agreement (the Agreement) with “Quell” (also we, us, our) and it provides you with important information about Quell Impact (defined below).
For customers in the US and Canada, “Quell” refers to Quell Tech Inc of 108 W. 13TH STREET - SUITE 100 - WILMINGTON DE 19801. For all other customers, “Quell” refers to Quell Tech Ltd of Lincoln House, 1-3 Brixton Road, London, United Kingdom, SW9 6DE.
You must read and accept this Agreement before using Quell Impact. You are deemed to have agreed to the terms and conditions of this Agreement by using Quell Impact for the first time. If you are under the age of 18, you must not use Quell Impact OR your parent or legal guardian must read and accept all the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement, you must not activate or use Quell Impact. The terms and conditions of this Agreement are applicable to all users of Quell Impact.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, Quell, grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and licence (Licence) to use the following for your personal, non-commercial, home use as permitted by these terms:
- any system software, content, firmware, and other application software which belongs to Quell (or which is compatible with Quell Impact and licensed separately) (Software) for use with the relevant hardware, including the console, controls, and wearable elements (collectively with the Software, Quell Impact);
- any data, patches, updates, upgrades, or new versions of the Software provided or made available for Quell Impact through any Quell online network, website, or store; and
- support centre resources, including the user guide, available here and through the Quell Impact support centre (Support Resources).
The rights that Quell grants you under the Licence are subject to the terms of this Agreement, and you may only make use of the Licence if you comply with all applicable terms of this Agreement.
All rights to use the Software are granted by licence only, and you are not granted any ownership rights or interests in Quell Impact or the Support Resources.
You are accepting this Agreement on your behalf and on behalf of other people who access or use: (i) this Quell Impact; or (ii) the Quell account associated with this Quell Impact. You are responsible for any third party’s people's use of this Quell Impact and for their compliance with this Agreement's terms.
HEALTH AND SAFETY DISCLAIMER
Using Quell Impact is physically challenging and carries with it risks that we cannot entirely eliminate. These include the risk of personal injury, such as exacerbation of existing health conditions, increased heart-rate, heart palpitations, heart attacks, dehydration, exhaustion, fainting, physical discomfort, breathing difficulties, auditory sensitivity, photosensitivity, surface injuries, muscle injuries, and joint injuries. In the absence of any gross negligence or wilful breach of duty by us, use of Quell Impact is entirely at your own risk.
Quell Impact may not be appropriate for certain people, including those with pre-existing health conditions. By using Quell Impact, you confirm that you are fit to safely participate in strenuous physical activity and that you have sought professional or specialist advice from your doctor before participating if you are pregnant, elderly, or have a pre-existing health condition.
If at any time while using Quell Impact you experience faintness, dizziness, pain, or shortness of breath, STOP USE IMMEDIATELY and contact your doctor.
LICENCE RESTRICTIONS
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the Software in any form, in whole or in part to any person;
- not copy the Software except as part of the normal use of the Software or where it is necessary for the purpose of back-up or operational security;
- not access Quell’s or a third party’s system, equipment, account, or data without permission;
- not attempt to bypass, disable, or circumvent any encryption, security, or authentication mechanism;
- not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software, or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Software (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the Software;
- not use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any Software;
- not obtain Software in any manner other than through Quell's authorised distribution methods;
- not translate, reproduce, merge, adapt, vary, alter, or modify, the whole or any part of the Software nor permit the Software (or any part) to be combined with, or become incorporated in, any other programs, except as necessary to use the Software on devices as permitted in this Agreement;
- not illegally modify Quell Impact, including its peripheral equipment, and not use any peripheral equipment on Quell Impact which is not authorised by Quell; and
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Quell Impact.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
You use Quell Impact at your own risk. You are responsible for using Quell Impact safely and as directed, and you must not use Quell Impact unless you have read and agree to follow the safety instructions within the user manual (updated from time to time). You must behave sensibly and follow any on-screen safety directions, so as not to hurt yourself or others. In the absence of gross negligence or wilful breach of duty by us, we are not responsible for your use of Quell Impact, or any loss or damage to property that may occur in connection to Quell Impact (including theft, damage, destruction, and loss of your property).
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
Limitations to Quell Impact. Quell Impact is provided for entertainment purposes only. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Software. Although we make reasonable efforts to update the information provided by the Software, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date.
Internet features. Using Quell Impact features that require access to an internet connection (Internet Features) may require you to obtain wired or wireless internet service from a third-party internet service provider (Internet Service Provider). Internet access may not be available at your location, be free of charge or free from interruption or disconnections. If you wish to access Internet Features for Quell Impact, you must enter into the necessary Internet Service Provider agreements for those services. You are responsible for all fees incurred in connection with access to or use of the internet.
Local laws. You may have rights under applicable local laws that cannot be excluded, limited, or changed. Nothing within this Agreement affects your statutory rights.
YOUR QUELL ACCOUNT
You will need to create a user account to use Quell Impact (your Account). To create an Account, you must:
- be 18 years of age or, if you are under 18 years of age, have a parent or legal guardian consent to you creating an Account and using Quell Impact;
- use an email address which you can receive important legal and service-related notices to; and
- use accurate, complete, and current information. We may request proof that information provided is accurate and we may terminate access to Accounts that we have reason to believe do not satisfy this requirement.
ACCOUNT RULES
You must:
- keep your Account username and password secret. Use of your Account is personal to you only and sharing of your credentials will be a violation of this Agreement. If you suspect that another person has gained access to your Account, you must change your password immediately;
- not sell, transfer, or allow any other person to access your Account. You are responsible for safeguarding the password that you use to access Quell Impact and for any activities or actions under your password;
- act safely and responsibly at all times. Any form of illegal activity, bullying, harassment, cheating, exploiting, and hacking is strictly prohibited.
TERMINATION
Where you breach, or we suspect that you have breached the terms and conditions of this Agreement, we may take any action required to protect our interests. This may include but is not limited to disabling or terminating your access to or use of some or all of the Software or suspending or terminating your Account. In the event of such suspension or termination, you will not have the right to receive any refunds related to Quell Impact.
UPDATES TO THE SOFTWARE
From time to time, we may notify you of updates or patches available for the Software to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may automatically update the Software for these reasons without notice to you.
In connection with an update, without notice to you, the Software on Quell Impact, in whole or in part, may be suspended for use or changed. In connection with an update, without notice to you, systems with an unauthorised modification or an unauthorised Software may become unusable.
If you choose not to install such updates to Software you may not be able to continue using Quell Impact.
These updates may have effects on the functionality of Quell Impact and Quell is not responsible to you for any such effects or any harm caused by the installation process.
YOUR PRIVACY
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided within our privacy policy, which can be accessed here.
You must read and accept our privacy policy before using Quell Impact. Our privacy policy may be updated from time to time.
By using Quell Impact, you agree to us collecting and using technical information about your use of it to improve our products and to provide services to you.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in Quell Impact and any related documentation (“Documentation”) throughout the world belong to us (or our licensors) and the rights in them are licensed (not sold) to you. You have no intellectual property rights in, or to, the Quell Impact and the Documentation other than the right to use them in accordance with the terms of this Agreement.
Unless we give you permission in writing, you may not use our trademarks, service marks, trade names, logos, or domain names. Unauthorised use of Quell's intellectual property is strictly prohibited, and we reserve all our rights to investigate and act against suspected infringement.
NO WARRANTIES AND LIMITATION OF LIABILITY
THE SOFTWARE IS PROVIDED TO "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, QUELL, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
IN NO EVENT WILL QUELL OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT QUELL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Quell's limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Quell and you.
FEEDBACK
We may ask for your feedback on your use of Quell Impact. By giving us feedback, you grant us a perpetual, irrevocable, worldwide, exclusive, fully paid-up, and royalty-free licence to that feedback for any purpose.
SUPPORT AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about Quell Impact, or have any problems using it, please take a look at the Support Resources available here or contact us.
Contacting us (including with complaints). If you wish to report any issues with Quell Impact (including any Software) or would like to contact us for any other reason, please submit a request through our support centre or email us at support@playquell.com.
How we will communicate with you. If we have to contact you we will do so by email, using the contact details you provided to us on creating a Quell account.
YOU MAY NOT TRANSFER YOUR RIGHTS TO SOMEONE ELSE
Except as otherwise provided by this Agreement, whatever the reason may be or whether with or without consideration, you may not transfer, lend, or otherwise dispose of your contractual status or your rights and obligations under this Agreement, or sublicense the Software.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
CHANGES TO THESE TERMS
We may need to change the terms of this Agreement to reflect changes in law or best practice or to deal with additional features which we introduce, and we will do this by publishing the amended terms on our website (as indicated by a revised "Last Updated" date at the top of this page).
By using Quell Impact after the date of amendment of this Agreement, you are deemed to have agreed to the amendments to this Agreement. Modifications will be effective on the date that they are posted to our website. It's important that you review this Agreement whenever we update it before you use the Quell Impact. If you continue to use the Quell Impact after we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement.
ENTIRE AGREEMENT.
This Agreement, together with our privacy policy, constitutes the entire agreement between you and Quell relating to your use of Quell Impact. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.
NO RIGHTS FOR THIRD PARTIES
This Agreement does not give rights to any third party to enforce any term of this Agreement.
SERVABILITY
Each of the paragraphs of these terms operates separately. If any provisions of this Agreement should be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
EVEN IF WE DELAY IN ENFORCING THIS AGREEMENT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS AGREEMENT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
This Agreement will be governed and construed in accordance with English law. Any dispute between you and Quell arising out of or in connection with this Agreement is subject to the non-exclusive jurisdiction of the English courts.