Effective as of August 25, 2020
Updated August 17, 2021
By using this website ("the Site") or any applications or application plug-ins that are the property of MagTek, Inc. ("Applications"), you agree to follow and be bound by these terms of service and privacy practices (the "Terms of Service") and agree to comply with all applicable laws and regulations. In these Terms of Service, the words "you" and "your" refer to each Member, Customer, Site visitor, or Application user, "we", "us" and "our" refer to MagTek, Inc. and "Services" refers to all services provided by us.
It is your responsibility to review our Terms of Service periodically. If at any time you find these Terms of Service unacceptable or if you do not agree to these Terms of Service, please do not use this Site or any Applications. We may revise these Terms of Service at any time without notice to you. If you have any questions about these Terms of Service, please contact us at QwantumMediaTermsOfService@MagTek.com.
About our services
Qwantum Private Messaging is available to Members of the Qwantum Club. “Qwantum” or “The Qwantum Club” delivers Privacy as a Service that utilizes state-of-the-art security, leveraging dynamic data authentication of tokens, devices, and end-to-end encryption to provide privatization for messages, files, and other services to users worldwide. You agree to our Terms of Service (“Terms”) by using our apps, services, or website (together, “Services”).
Minimum Age. You must be at least 18 years old to use our Services. The minimum age to use our Services without parental approval may be higher in your home country.
Account Registration. To create an account, you must be a Member in good standing of the Qwantum Club and you must register for our Services using, at a minimum, your email address, mobile phone number, billing address and mailing address. You agree to receive emails, text messages and phone calls (from us or our third-party providers) with verification codes to register for our Services.
Messages. We do not store, read, analyze, or otherwise access the content of your messages or files. We do not queue encrypted messages or files on our servers for delivery to devices that are temporarily offline (e.g. a phone whose battery has died). Your private messages and associated history are stored on your own devices and not in our databases.
Additional technical information that is stored on our servers are: token credentials, your user profile information and other material that is necessary to send email or text messages to you. We do not store message tokens, message or file encryption keys, clear-text messages, encrypted messages, clear text files, encrypted files and transmitted messages and files. We limit this additional technical information to the minimum required to operate the Services.
Fees, Dues and Taxes. You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our Services.
Membership in the Qwantum Club is subject to an Initiation Fee.
Membership Dues to the Qwantum Club are paid in advance Annually or paid in advance Monthly with a minimum of a 12-month commitment. If your Dues are in arrears by more than 30 days, your Membership Services will be suspended. If your Dues are in arrears by more than 90 days, your Membership Services will be terminated. If your Membership Services are terminated for non-payment of your Dues, and you wish to be reinstated, you must re-apply and pay another Initiation Fee. Membership Dues are non-refundable. You may resign your Membership at any time by notifying the Qwantum Administrator at QwantumMediaMembership@magtek.com and/or you may stop using Membership Services. This will not affect a refund of your paid-up Dues.
Using Qwantum Private Messaging
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of MagTek, Inc., its subsidiaries, affiliates, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, threatening, pornographic or other illegal material.
Harm to MagTek, Inc. You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm MagTek, Inc., our Services, or systems. For example, you must not (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; or (e) sell, rent, or charge for our Services.
Keeping Your Account Secure. Qwantum Private Messaging embraces privacy by design and does not have the ability to access your messages. You are responsible for keeping your device and your Qwantum Private Messaging account safe and secure. If you lose your Qwantum Membership Card, follow the steps on our Site to obtain a new Qwantum Membership Card. When you register with a new Qwantum Membership Card, your old card and any Member Tokens or Access Tokens that were active, will stop working and will not authenticate access to our Site or Services.
Your Rights and License with MagTek, Inc.
Your Rights. You own the information you submit through our Services. You must have the rights to the email address and phone number you use to sign up for your Qwantum Club account.
MagTek’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission. To report copyright, trademark, or other intellectual property infringement, please contact QwantumMediaInfo@MagTek.com.
MagTek’s License to You. MagTek, Inc. grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.
Disclaimers and Limitations
Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. MAGTEK DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “MAGTEK PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
Limitation of liability. THE MAGTEK PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE MAGTEK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE MAGTEK PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Availability of Our Services. Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
Resolving Disputes and Ending Terms
Resolving disputes. You agree to resolve any Claim you have with us relating to or arising out of our Terms, us, or our Services exclusively in the United States District Court for the Central District of California. You also agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. The laws of the State of California govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between MagTek and you, without regard to conflict of law provisions.
Ending these Terms. You may end these Terms with MagTek, Inc. at any time by discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for MagTek. The following provisions will survive termination of your relationship with MagTek: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,” “Availability” and “Ending these Terms,” and “General”.
MagTek may update the Terms from time to time. When we update our Terms, we will update the “Last Modified” date associated with the updated Terms. Your continued use constitutes acceptance of the updated Terms.
If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. If you have specific questions about these Terms, please contact us at QwantumMediaTermsOfService@MagTek.com.
MagTek, Inc. is committed to protecting your privacy and to keeping your personal information secure. The following principles of privacy have been enacted to protect and maintain our relationship with you and the confidentiality of information you have shared with us.
How Customer Information is Collected, Retained, and Used
We gather information from the following sources:
· Information we receive from you on applications or other forms;
· Information about your payment transaction with us, or others;
· Information we receive from consumer reporting agencies; and
· Information that is entered into software applications that communicate with Magensa, LLC, a subsidiary of MagTek.
The information collected is only used to process your order internally, to ship the product you have ordered, and for customer service and support follow up.
Credit card information is processed on a secure server with 128-bit encryption. Every effort is taken to ensure this information is not released. All orders support AVS (Address Verification) to protect you against fraud. If you desire your order to be shipped to an address other than the billing address on your card, please contact your bank and have them add the shipping address as an alternate address on the card.
Some Magensa applications may automatically collect various types of data related to a user's usage of our software and services. Depending on the application, Magensa may collect the following information:
· Geolocation and IP addresses;
· Device information, including operating system, log data, and screen size;
· Browser information;
· User information, like Magensa credentials, names, email addresses, phone numbers, and business addresses; and
MagTek readers may share information to Magensa as needed, related to specific reader details like device serial numbers and IDs. All sensitive transmitted data remains fully protected in transit and will never be shared with unauthorized third parties.
Accurate Information About You
Should you believe that our records contain inaccurate or incomplete information about you, please contact us at 1-651-415-6800. We will investigate your concerns and take appropriate action in a timely manner.
We Will Limit Employee Access to Your Information at MagTek, Inc.
Restrictions on Disclosing Your Personal Information
We release account and other personal information when we believe release is appropriate to comply with the law or to protect the rights, property, or safety of MagTek, Inc., our customers, or others. In the case of unauthorized credit card use, etc, the information will be provided to law enforcement agencies and others as appropriate.
Maintaining Your Privacy in Business Relationships with Third Parties
Information about our customers is an important part of our business and we are not in the business of selling it to others. We do not sell, rent, or share your address, email address, fax, or phone with third-party companies for commercial purposes. We may employ other companies and individuals to perform functions on our behalf. Examples include delivering packages, sending postal mail and e-mail, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions but may not use it for other purposes.
Ending Customer Relationships
In the event that our customer relationship should end, we will continue to treat the information we have about you the same as if you were still one of our customers.
Protecting Your Privacy
Because protecting your personal information and complying with the law is important to both of us, additional information may be requested when you inquire about your accounts.
The information and reference materials contained in the Site are intended solely for the personal information of the reader. By entering and interacting with the Site, Users agree to hold MagTek Inc. and its affiliates harmless and not responsible for the content. MagTek Inc. makes no representations or warranties about the completeness or accuracy of the Site's content or the information or other material found on or in the Site. MagTek Inc. does not purport to review the accuracy of information and other materials available on the Site. Users of the Site should take appropriate precautions to verify all such information. MagTek Inc. cannot be held liable for typographical errors, layout error or misinformation, omissions, technical inaccuracies, or other errors contained in the Site.
MagTek Inc. may update its Terms of Service from time to time. When we update our Terms of Service, we will update the “Last Modified” date associated with the updated Terms of Service. Your continued use of our Services confirms your acceptance of our updated Terms of Service and supersedes any prior Terms of Service. You will comply with all applicable export control and trade sanctions laws. Our Terms of Service cover the entire agreement between you and MagTek, Inc. regarding our Services. If you do not agree with our Terms of Service, you should stop using our Services.