QNOPY, Inc. a California Corporation, (“QNOPY”), with offices on 3775 Beacon Avenue, Suite 201, Fremont, California 94538. QNOPY owns and operates the qnopy.com website (“web portal”) and the QNOPY Mobile application (“mobile app”). The combination of web portal and the mobile app (referred to as “QNOPY Service”) enable our Customers to collect, manage, analyze, and report data which may be recorded in the field.
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using QNOPY Service.
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. Customer will be providing its electronic signature that affirms:
QNOPY Inc. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the QNOPY Service strictly in accordance with the terms of this Agreement.
This license is for the sole purpose of using the QNOPY Service for its intended purpose as outlined in the Terms. You may not copy, modify, adapt, distribute, sell, lease, or reverse engineer any part of our Service.
Registration and Protection of Credentials: During registration process for the QNOPY Service, either on the QNOPY website or by the Mobile App, Customer will provide a valid email address and create a password (“Credentials”). Customer agrees that QNOPY may use its Credentials to authenticate Customer on the Online Service. Customer may not share its Credentials with anyone other than as expressly set forth by Customer. Customer is responsible for maintaining the confidentiality of its Credentials, and, provided that Customer acts negligently or willfully, Customer will be responsible for all uses of the Online Service using its Credentials whether or not authorized by Customer. Customer must keep its QNOPY account information current and secured and promptly notify QNOPY at firstname.lastname@example.org of any unauthorized use of its account or if its email or password has been hacked, used without its consent or stolen or if Customer discovers any other breach of security. QNOPY reserves the right to suspend or discontinue all or part of Customer’s access to the Online Service at any time without prior notice for unauthorized use of its Credentials or for violating the User Restrictions.
User Restrictions: Customer agrees not to misuse the QNOPY Service. Customer may not (i) sublicense, sell, transfer, assign, distribute or otherwise commercially exploit the QNOPY Service; (ii) modify or create derivative work based on the QNOPY Service; (iii) create Internet “links” to the QNOPY Service or “frame” or “mirror” any content provided in connection therewith; or (iv) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Mobile Application or access the web portal in order to build a product using features, functions or graphics similar to the QNOPY Service; (v) copy any features, functions or graphics of the QNOPY Services; (vi) allow the QNOPY Service to be used by any User who is not registered with QNOPY for that User license; (vii) impersonate or misrepresent its affiliation with any person or entity (viii) use the QNOPY Services to: (a) send unsolicited or unlawful messages; (b) send or store infringing, obscene, threatening, harmful, libelous, or otherwise unlawful material, including material harmful to children or violative of privacy rights; (c) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, or agents; (d) interfere with or disrupt the integrity or performance of the QNOPY Service or the data contained therein; or (d) attempt to gain unauthorized access to the QNOPY Service or its related systems or networks; (e) probe, scan, or test the vulnerability of any system or network.
Customer License to QNOPY: QNOPUY is free to use any ideas, concepts, know-how, or techniques contained in any Customer communications to QNOPY for any internal business purpose including, but not limited to, developing and marketing products using such information.
The Customer agrees through this agreement that if he is using the QNOPY Service it is at his sole risk. QNOPY is not responsible for the accuracy, completeness, appropriateness or any information that the Customer has access to on the web portal or the mobile app. The Customer is responsible to check the validity of the content..
QNOPY does not guarantee that the Service will meet the exact requirements, and/or the Service will be interrupted. The Service is provided on an ‘as is’ and ‘as available’ basis and QNOPY does not provide any warranty of any kind. QNOPY will not be responsible for any harm to the Customers computers or personal devices, loss of data or data stolen or corrupted or any other harm that results from the Customer using the QNOPY Service. QNOPY does not warrant that the Service will be continuous, secure, reliable or uninterrupted at any time.
THE CUSTOMER AGREES THAT WE QNOPY WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE; (B) THE COST OF REPLACEMENT OF ANY Subscriber Content STORED OR MANAGED USING OUR SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR Subscriber Content; (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE; OR (E) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
QNOPY WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE AMOUNT, IF ANY, THAT YOU HAVE PAID TO US IN CONNECTION HEREWITH DURING THE THEN IMMEDIATELY PRECEDING 60 DAYS.
The limitations on liability are intended to apply to the warranties and disclaimers in this agreement. Some jurisdictions do not allow any limit or exclude the liability for incidental or consequential damages or for warranties so the above section may not apply to the customer and he or she may have other legal rights in its jurisdiction.
QNOPY respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”),
If Customer chooses to access the QNOPY Service from an international location (outside USA) then the Customer does so at his or her own risk and is responsible for compliance of that countries’ local laws.
Unless stated otherwise the customer purchases the service as a subscription. At any given point of time the customer can add additional subscriptions.
Usage: The service is subject to usage limits, based on the quantities specified in the order form of the customer. This quantity is referred as users (unless otherwise specified). If the customer exceeds the usage limit then QNOPY will impair the customers services and content till the customer conforms its use to the contractual limit.
Fees: The customer agrees through this agreement to pay all the fees specified in the order form. This fee is based on number of user subscriptions and type of service.
Invoicing and payment: Customer will provide QNOPY a valid and updated credit card when placing the order. By providing this information the customer authorizes QNOPY to charge such credit card for all the services he has purchased. If the order specifies a payment other than a credit card then QNOPY will send an invoice to the customer with a 30 day due date from the time of the invoice date. Customers are responsible for providing complete and accurate billing and contact information to QNOPY and provide with any changes in the information. If the invoice is past due then those charges will accrue late interest at the rate of 1.5%.
Term of Agreement: The agreement commences on the date the customer first accepts it and continues till his subscription has either been expired or terminated.
Account Suspension: QNOPY in sole discretion can terminate the customer’s access to the service for any reason or no reason including without limitation your breach of these terms. If your account is terminated, your access to our Service may be affected without prior notice. QNOPY may immediately deactivate or delete any of your accounts and all related information and files in such accounts, and bar any further access to such files or our Service. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from any termination of your access to our Service. If the customer terminates the contract before the term ends then QNOPY will make the customers content available to download for a period of 30 days, after which QNOPY will have no obligation to maintain or provide Customer’s data and after will destroy the content of the customer.
Refund: If this Agreement is terminated by Customer then before the term then the Customer will pay QNOPY any unpaid fees covering the remainder of the term. In no circumstances will the termination relieve the customer obligation to pay any fees of the remaining term. We may refund unused prepaid fees, but are not obligated to.
The Customer agrees to defend, indemnify and hold harmless QNOPY or our subsidiaries, parents, affiliates, directors, officers, managers, members, partners agents, and employees from and against each and every claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, incurred in connection with any suit or proceeding brought against us arising out of your use of QNOPY Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right in our sole and unfettered discretion to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms. We agree to defend, indemnify, and hold harmless Customer and its Members from and against each and every third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, incurred in connection with any suit or proceeding brought against you arising out of any claim that the QNOPY Service infringes any third-party U.S. copyright.