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Terms and Conditions

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Terms & Conditions

QTrace mobile application allows users to capture, group and view the details of an object. QTrace Applications, and any contents, Products, Links, Programs, and offers available on or through the application follows some criteria (these “Conditions”).

By visiting the Applications or using any of the Services, you accept and agree to be bound by this Terms of Service Agreement (these "Terms").You have to accept and agree to be bound by the company’s Terms & Conditions, which is currently available at Terms & Conditions and incorporated by reference into these Terms & Conditions, and to abide by all rules & regulations while using our services.

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

These Terms & Conditions are based upon which the Company shall grant you a limited license to use the Services. The Company may modify these Terms at any time, and each such modification will be effective upon notice to you, including posting on the Applications. All material modifications will apply prospectively only. Your continued use of the Services following such modification constitutes your acceptance and agreement to be bound by these Terms as so modified, so please check them regularly. If you do not agree to these Terms, you must discontinue use of the Services immediately.

User Account

In order to use our Services, you must have an account with us. By creating an account, you represent that (a) all required information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms, and (c) your use of our Services does not violate any applicable law or regulation or these Terms. You are responsible for maintaining the confidentiality of your password and for any and all use of your account.

You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or username of any other user; (b) allow someone else to use your account or username; or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).

Third Party Services

Our Services may contain links to content or services provided by third parties. These Third Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties.

If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.

Licence

Subject to your compliance with these Terms, QTrace grants you a limited non-exclusive, non-transferable license to download and install a copy of our software app on a single mobile device that you own or control and to run such copy of the App and use our Services solely for your own personal non-commercial purposes.

We reserve all rights in and to the App and Services not expressly granted to you under these Terms. You may not: (i) copy, modify or create derivative works based on the App or Services; (ii) distribute, transfer, sublicense, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App or Services available to multiple users through any means.

Download App

When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (an “App Store”), you acknowledge and agree that:

  • These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our App.

  • The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims.

  • The App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement.

  • The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store’s terms of service when using our App.

Governing Law and Pre-Arbitration Notification of Dispute

These Terms provides for final, binding arbitration of all disputed claims (discussed below). The laws of india will govern these Terms, without regard to conflicts of law provisions. The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated.

In the event of a dispute, you shall notify the Company and provide a brief summary of the claim and request for relief. If the dispute is not resolved within 60 days of notification, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

General Prohibitions

You agree not to do any of the following:

  • Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

  • Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;

  • Intercept or “sniff” the communication packets between the QTrace hardware and mobile devices or attempt to reverse engineer the QTrace Bluetooth Low Energy profile or QTrace protocol; Access, tamper with, or use nonpublic areas of the Services, QTrace computer systems, or the technical delivery systems of QTrace's providers;

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  • Attempt to access or search the Services or Content or download Content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by QTrace or other generally available third party web browsers;

  • Violate any applicable law or regulation; or

  • Encourage or enable any other individual to do any of the foregoing.

Displayed Content

You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our Services, and its legality, reliability, and appropriateness. You should only upload or post Content that you create or have the right to use and publish. By uploading or posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services. You agree that we can also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms.

Copyrights

It is our policy to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • An identification of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on our Services;

  • Your address, telephone number, and email address;

  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

  • Notice of claims of copyright infringement should be sent to our Copyright Agent either via email at copyright@qtrace.com

Integration of Third Party Web Analysis Services and Social Functionalities

Sometimes QTrace uses third party services, such as certain services offered by Facebook, Google, and Mixpanel. These outside services may also collect Personal Information about you and your online activities.

They may also place cookies on your computer's hard drive or your mobile device's memory or use web beacons to collect or receive information from the Services and elsewhere on the internet and use that information to provide analytics and to target ads. The information practices of these outside services are not covered by this Privacy Policy. We cannot access, nor do we have any control over, the cookies or other web technologies they may use.

Termination

You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access any of the foregoing or your account.

Disclaimer

We will use reasonable efforts to correct any discovered defects in the App or Services. However, your access to and use of our App and Services is at your own risk. We are not responsible for the content provided by, or the conduct of, any user and you bear the entire risk of using the App and Services and any interactions with other users. Our App and Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not represent, warrant, or guarantee that the App and Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected.

Contact Us

If you have any questions about these Terms, please contact us at info@qtrace.com