Please read them.
Your continued use of this Site with actual knowledge of such modifications, or
We may provide software from time to time for you to download so that you can access or use our Services (the “Software”). We give you a limited, revocable, non-transferable, license for you to use such Software provided by us solely in connection with our Services. You also agree to follow our instructions to delete or return the software upon our request.
The Services we provide are non-transferable. You cannot sell or transfer the Services we provide to any person for any reason at any time. Your Qount account is also non-transferable.
That means if one person signs up, you cannot transfer ownership of that account to another person. We will provide the Services by following all the laws applicable to Us concerning such Services.
You agree not to (a) reverse engineer, disassemble, decompile or otherwise attempt to derive any of our Software, technology, or the Site, (b) make any of our Software or technology available to any third parties, (c) modify, adapt, translate or create derivative works based on our Software, technology or the Site, (d) reproduce any portion of the Site, Software, or technology, or (e) permit or authorize any person other than you to access our Software or your account.
If you ever feel like our Site could be better, please share your feedback with us. We certainly appreciate anything you may suggest to make the Site better. If you provide any such feedback or suggestions to Us, We may use all such feedback and suggestions for any purpose. So that we may use and incorporate such feedback or suggestions into the Site, We alone will own all right, title and interest, including all related intellectual property rights, in and to all such feedback or suggestions and you hereby assign all such feedback and suggestions to Us, without any charges.
When you sign up on our Site you will provide us with a valid credit or debit card or other payment methods acceptable to us and will keep such card active and updated at all times. You agree (i) that we may begin charging you as soon as you begin accessing or ordering Services from us, and (ii) to pay for all Services ordered through our Site, whether or not satisfied with such Services. You acknowledge and agree that no charges by us are refundable to you. You agree to all additional terms included in any other form agreed by you, whether in a click-through, electronic signing, or paper format. All non-public pricing terms are confidential, and you agree not to disclose them to any third party. You agree to provide us with complete and accurate billing and contact information, and to update such information within 10 days of any change.
No Use By Children Under Age 13
All trademarks, logos and, service marks displayed on the Site are Qount’s property or the property of other third parties. You are not permitted to use these marks without prior written consent from Qount. You consent for us to display your trade and service marks on the Site and identify you as a customer of ours. You acknowledge and agree that We may develop and publish case studies highlighting the main benefits provided to you by Us.
The Site may contain links to other websites operated by third parties. Such third party websites are not under the control of Qount. Qount is not responsible for the content of any third-party website or any link contained in a third party website. Qount provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If you decide to access any of the third-party websites linked to the Site, you do this entirely at your own risk. Third-party websites are subject to their terms and policies, including privacy and data gathering practices.
Guarantee, Warranty, and Limitations on Damages
There is no warranty provided with our Services. What we will promise is that we’ll do our best to provide the most timely, professional, accurate Services we can. If we fall short, err, or make a mistake in any of the Services provided, although we’ll be deeply sorry, you agree that you can’t hold us liable for it (or the results) legally or morally.
In connection with any such defense, you shall employ counsel acceptable to us, and we shall be entitled to participate in such defense at our own cost and expense.
WE PROVIDE THE SITE, OUR SOFTWARE, IT’S CONTENT AND OUR SERVICES “AS IS” WHERE IS, AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE ANY INFORMATION OR SERVICES PROVIDED TO YOU BY US, OR ACCESSED THROUGH OUR SITE, OR THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR OUR SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE THIS SITE AT YOUR OWN RISK.
You release Us and hereby hold Us (and our agents, directors, officers, employees and content providers) harmless from any and all claims, demands, and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, whether or not suit is instituted, arising out of or in any way connected with the Site, or your use hereof or activities hereon (the “Released Claims”). You waive the provisions of any state law limiting or prohibiting a general release and acknowledge that you have read and understand, and expressly waive the benefits of Section 1542 of the Civil Code of California which provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTION OF THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You agree that We have no liability, whatsoever, for the unavailability of the Site. We will also not have any liability for any loss of data or transactions resulting from delays or service interruptions caused by Us, any third party acts or any other web host providers or the Internet infrastructure and network internal or external to the Site.
IN NO EVENT SHALL QOUNT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE LESSER OF (i) U.S. $3,000 AND (ii) THE AMOUNTS WHICH YOU HAVE ACTUALLY PAID TO US IN CONNECTION WITH YOUR USE OF THE SITE. THIS LIMITATION MAY NOT BE APPLICABLE IN CERTAIN CIRCUMSTANCES OR CERTAIN STATES.
Intellectual Property Ownership and Confidentiality
You may use the Services we provide for your operations. If someone compels Us by law to identify what services we provided to you, We will use reasonable efforts to alert you of such process if we can as soon as reasonably practical.
What’s ours is ours and what’s yours is yours. Title to, and all intellectual property rights in, your data remain your property. However, your access to the data is contingent on full payment of the applicable service fees when due. You grant Qount a non-exclusive, worldwide, transferable, sub-licensable, royalty-free, fully paid-up license to use, copy, transmit, store, back-up and, otherwise process your data for the purpose of providing the products and services to you.
You need to maintain regular backups of your data or redundant data archives. Qount adheres to certain policies and procedures to prevent loss of data but does not make any guarantees that there will be no loss, alteration, destruction, damage, or corruption of your data.
QOUNT HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION,DAMAGE, CORRUPTION, OR RECOVERY OF ANY DATA.
If you enable any third-party applications for use in conjunction with Our Site, you acknowledge that Qount may allow the providers of those third-party applications to access your data as required for the interoperation of such third-party applications with Our Site. Qount is not responsible for any disclosure, loss, alteration, destruction, damage, corruption, or deletion of your data resulting from any such access by third-party application providers.
If you leave us, We’ll miss you dearly but We won’t hold you back. To cancel, just email our Client Happiness team at: ContactUs@Qount.io and ask us to close your account. We may close your account for any or no reason at any time immediately upon notice to you.
We are based in the United States of America, and make no claims that We or our content is appropriate or may be legally accessed, used, or downloaded outside of the United States.
Access to the Site may not be legal by certain persons or in certain countries. If you access our Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.