Parts of this Agreement

The terms and conditions listed below (referred to as the “General Terms”) and any additional terms and conditions pertaining to the use of particular services (referred to as the “Service Specific Terms”) make up this Agreement. The Service Specific Terms shall take precedence over the General Terms in the event of a dispute.

Acceptance of the Agreement

To accept the Agreement, you must be of legal age to enter into a binding contract. Please do not use any of our services if you disagree with the General Terms. Do not use the relevant Service if you just accept the General Terms but not any Service Specific Terms. By using the Services or by checking a checkbox or clicking a button that indicates your acceptance of the Agreement, you can show that you agree to the terms of service.

Description of the Service

For businesses, we offer cloud software and apps, along with related offline and mobile apps (“Service” or “Services”). You may use the Services for internal business purposes at the company you represent or for your own personal and professional use. Any web browser that the Services support can be used to connect to them. Getting Internet access and the devices required to use the Services are your responsibility. Using your user account, you have the ability to publish and share content, as well as create and edit it.

Beta Service

For testing and assessment purposes, we might make some Services available as closed or open beta services (referred to as “Beta Service” or “Beta Services”). You acknowledge that we will be the only ones with the power and discretion to decide for how long beta services will be tested and evaluated. The decision to offer Beta Services as commercial services, if any, and the degree to which such testing is successful will be entirely up to us. As a result of your subscription to any Beta Service, you will not be required to purchase a subscription in order to use any paid Service. We reserve the right, with or without prior notice to you, to completely or partially discontinue any of the Beta Services at any time and from time to time, temporarily or permanently. You acknowledge and agree that QuikOne shall not be responsible or liable to any third party for any harm resulting from, connected to, or brought about by the alteration, suspension, or termination of any Beta Service for any reason.

Free Trial

If you sign up for a free trial of one or more Services, QuikOne will provide you with the applicable Services for free trial use up until the earlier of (i) the applicable Services’ free trial period ending (unless you terminate it earlier), (ii) the applicable Services’ paid subscription period beginning, or (iii) QuikOne’s termination, at its sole discretion. Any data you enter into the Services and any customizations made to the Services during the free trial will be permanently lost unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase applicable Service upgrades, or (iii) export such data before the end of the trial period, if provided. To the extent allowed by law, and in spite of everything stated in this Section, the Services are provided “as is” during the free trial, without any guarantee, covenant, support, or liability of any kind.

User Sign-Up Obligations

To access or use the Services, you must register for a user account and fill out all the necessary fields. We advise you and all other users from your organization to register for user accounts by providing your corporate contact details if you are a representative of an organization and want to use the Services for internal corporate use. Specifically, we advise using your company email address. As part of the sign-up process, you commit to: (i) providing true, accurate, current, and complete information about yourself; and (ii) To make sure the data you submitted is accurate, up to date, true, and complete, please maintain and update it as needed. QuikOne may terminate your user account and refuse you access to any or all of the Services in the future if you provide any information that is false, inaccurate, outdated, or incomplete, or if QuikOne has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete.

Restrictions on Use/ Limitations on Utilization

Along with all other terms and conditions of this Agreement, you agree not to: (i) transfer the Services or otherwise make them available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) permit the sharing or use of user licenses by more than one person, unless such sharing or use is authorized by applicable law; (iv) attempt to disassemble, reverse engineer, or decompile the Services, unless permitted by applicable law; (v) utilize links to websites from third parties without accepting their terms and conditions; (vi) post links to third party websites or, without their express written consent, use their company name, logo, etc.; (vii) make an effort to access the Services, related systems, or network without authorization; (viii) make use of the Services in any way that could harm, overload, impair, or damage any QuikOne server, network, computer system, or resource; (ix) send or store content via the Services that contains computer viruses, worms, or other harmful computer codes, files, scripts, or programs; (xi) create a fake identity in order to deceive someone about the identity or source of any communication;  (x) utilize the Services in any way that compromises the integrity, security, or functionality of the Services, its elements, or the data they contain; (xi) create a false identity to mislead someone about the nature or source of any communication; (xii) host, display, upload, alter, publish, transmit, store, update, or share any information that is the property of another person or entity and over which you have no legal authority, including any personal or private information that you do not have authorization to access; (xiii) use the Services to send false and misleading information that is written or published in any format with the intention of harassing or misleading a person, organization, or agency in order to obtain financial advantage or inflict harm on them; (xiv) violate any local, state, federal, or international law that may be relevant; (xv) utilize the Services for benchmarking or competitive analysis of any kind; and (xvi) take out of the Services any proprietary or other notices, or hide them.

Spamming and Illegal Activities

By using the Services, you accept full responsibility for the content of your transmissions. You agree not to use the Services for unlawful purposes or to transmit content that violates the law, violates another person’s privacy, is abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, infringes upon the sentiments of religion, encourages racism, is infringed upon or may infringe upon intellectual property or other rights of third parties. You acknowledge that you will not transmit “junk mail,” “spam,” “chain letters,” “phishing,” or unsolicited bulk email distribution through the use of the Services. If there are good reasons to think that you have used the Services for any unauthorized or illegal activity, we reserve the right to cancel your access to the Services.

Third Party Applications

Numerous third-party applications (hereinafter referred to as “Third-Party Application(s)”) are integrated with QuikOne Services. Acceptance of the terms of service and privacy policies applicable to the Third-Party Applications (hereinafter referred to as the “Third-Party Terms”) may be necessary to access and use the Third-Party Applications. It is your responsibility to read and understand the Third-Party Terms before using any Third-Party Application. You understand and accept that QuikOne is not responsible for any applications made by third parties. You understand and agree that QuikOne may, at any time and in our sole discretion, suspend, restrict, or disable access to or remove from QuikOne Services, any Third-Party Application, even though we will make every effort to give you advance notice whenever it is reasonably possible. This is without causing you any harm, including but not limited to any loss of profits, revenue, data, goodwill, or other intangible losses.

Fees and Payments

The Services are offered as part of subscription plans with different time frames. You have at least one month’s notice to cancel your subscription if you decide not to renew it.

We reserve the right to modify any Service’s price at any time or to impose fees for using Services that are currently offered without charge. Charge increases won’t take effect until the end of the billing cycle you are currently in.

If QuikOne has been obligated by law to charge you for any taxes, including sales tax, GST, VAT, or the like, in connection with your subscription to our services (collectively, “Taxes”), QuikOne will send you an invoice for such taxes. You agree to pay QuikOne these taxes on top of the subscription costs. To assist you in obtaining the appropriate input tax credit for the taxes so paid, QuikOne will send you an invoice in the format required by any applicable local, state, provincial, or international laws.

Personal Information and Privacy

The QuikOne Privacy Policy governs any personal information you give QuikOne via the Service. By choosing to use the Service, you agree to the terms stated in the QuikOne Privacy Policy. It is your responsibility to keep your password, username, and other private information private. You agree to notify us right away of any unauthorized use of your user account by emailing accounts@quikone.com or by calling any of the numbers provided on https://www.quikone.com/contact-us/. You are accountable for all activities that take place in your user account. If someone else gains unauthorized access to or uses your user account without authorization, we won’t be held liable for any losses or damages that you or any third party suffer.

Inactive User Accounts Policy

If an unpaid user account is inactive for a continuous period of 60 days, we reserve the right to terminate it. All information related to that user account will be erased in the event of such a termination. Prior to this time, you can make a backup of your data. It is not required to give prior notice, and you will not be held accountable if we do not. Any or all of the Services may be subject to the data deletion policy. To determine the period of inactivity, each Service will be regarded as a separate and independent service. To put it another way, using one Service does not automatically maintain your user account active on another. When an account has multiple users, it won’t be deemed inactive as long as at least one of the users is active.

Data Ownership

We respect your right to be the owner of any material you create or save. Content that you have produced or saved belongs to you. Your use of the Services does not give QuikOne permission to use, copy, modify, adapt, publish, or distribute any content you create or store in your user account for QuikOne’s marketing, commercial, or any other purpose without your express permission. However, in order for QuikOne to provide the Services to you, you give them permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform the content of your user account as needed.

Hosting Location

Based on the cloud facilities that are available at the time of your sign-up, QuikOne will select the location of the cloud facility from which you will be served. If there are any updates to the region/country to cloud facility mapping at any point in time, we reserve the right to move your account to a different cloud facility or to demand that you move it. When registering, you must not cover up your internet protocol (IP) address, as your IP address is what determines your country and region. At any point in time, QuikOne reserves the right to take appropriate action, such as moving your account or requiring you to move it to the cloud facility that corresponds to your region or country, or closing your account and refusing you access to the Service if it turns out that your actual region or country differs from the region or country that QuikOne has on file.

User Generated Content

You may use any of the Services or other means to transmit or publish content that you have created. That being said, you will bear full responsibility for such content and any consequences that may arise from its transmission or publication. Any content that is made available to the public will be available online and subject to search engine crawling and indexing. It is your responsibility to make sure that no accidental public release of private content occurs. By submitting content in the aforementioned manner, you hereby expressly agree that QuikOne may remove or restrict access to any content you submit in the event that QuikOne receives complaints alleging illegality or infringement of rights of third parties in such content. You specifically agree that QuikOne’s agent designated for this purpose may determine whether any content you transmit or publish using any of the Services is illegal or violates the rights of third parties, and you accept this risk by using the Services.

Sample Files and Applications

Sample files and applications may be made available by QuikOne to show how the Services may be used successfully for particular goals. Any such sample files and applications contain random data as their content. Regarding the accuracy, utility, completeness, or dependability of the information or the sample files and applications, QuikOne makes no warranties, expressed or implied.

Trademark

QuikOne iTech Private Limited is the owner of the trademark “QuikOne,” the QuikOne logo, and the names of individual services and their logos. You consent to not using or displaying the QuikOne trademarks in any way without first obtaining permission from QuikOne.

Disclaimer of Warranties

YOU AGREE AND EXPRESSLY UNDERSTAND THAT YOU ALONE RISK EVERYTHING WHEN USING THE SERVICES. THE SERVICES ARE OFFERED EXACTLY AS THEY ARE, AS AVAILABLE. QUIKONE DISCLAIMS FULLY ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, BUT NOT LIMITED TO THAT. QUIKONE MAKES NO WARRANTY AS TO THE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION OF THE SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, WIRELESS DEVICE, OR DATA THAT ARISES FROM USING THE SERVICES OR DOWNLOADING ANY SUCH MATERIAL. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK. QUIKONE, ITS EMPLOYEES, OR REPRESENTATIVES MAY NOT GIVE YOU ADVICE OR INFORMATION, WRITTEN OR ORAL, THAT WOULD CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

AS A USER OF THE SERVICE, YOU AGREE THAT QUIKONE WILL NEVER, EVER BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, LOSS, OR OTHER DAMAGES OF ANY KIND, OR FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSSES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF QUIKONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUIKONE’S TOTAL LIABILITY TO YOU FOR ANY SERVICE, WHETHER DIRECT OR INDIRECT, SHALL UNDER NO CIRCUMSTANCE EXCEED ONE THOUSAND DOLLARS ($1000) OR YOUR PAYMENTS MADE DURING THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LOWER.

Indemnification

Assuming responsibility for any claims that you have used the Services in violation of another party’s rights, against the law, against any provision of the Agreement, or in connection with any other claim relating to your use of the Services, you agree to indemnify and hold harmless QuikOne, its officers, directors, employees, suppliers, and affiliates from and against any losses, damages, penalties, and costs (including legal fees and expenses).

Governing Law and Jurisdiction

In the event of a dispute or lawsuit arising out of or related to this Agreement, the Indian governing law and jurisdiction shall apply. Accordingly, each party consents to the exclusive jurisdiction of the courts in Chennai, Tamil Nadu, India mentioned herein, as well as to the governing law (without regard to choose or conflicts of law rules).

Suspension and Termination

If we detect any suspected illegal activity, prolonged periods of inactivity, or requests from law enforcement or other government agencies, we reserve the right to suspend your user account or temporarily disable access to all or part of any Service. Within thirty days of being informed of the suspension, user accounts should be disabled or suspended, and objections should be sent to legal@quikone.com. A suspended or disabled user account may be closed by us after thirty days. In response to your request, we will also close your user account.

Furthermore, in the event of unanticipated technical difficulties or the discontinuation of the Beta Service, we reserve the right to terminate your access to any Beta Service and to deny you access to your user account. If we have reason to believe that you have violated the terms of the agreement, we will terminate your service.

Cancellation and Refund

You can cancel the agreement if you feel that QuikOne violates any of the terms of this agreement or if the product does not suit your needs. You have the right to cancel your user account with one month’s notice. In that case, you’ll be eligible for a prorated refund of any fees you paid in advance after the notice period. Your refund will be processed within 30 days after the notice period.

Modification of Terms of Service

We may update this Agreement at any time by sending you an email at your primary email address or by making a service announcement. You will receive at least thirty days’ notice via email at your primary email address if we make significant changes to the Agreement that impact your rights. If the modified Agreement substantially alters your rights in connection with the use of the Services, you may terminate your use of the Services by sending QuikOne notice via email within thirty days of being made aware of their availability and serving one month notice. You will be entitled to a prorated refund of the portion of any prepaid fees that you did not use after the notice period in the event of such termination. If there are any changes to the Agreement, your continued use of the Service after those changes go into effect will be understood as your acceptance of the updated terms.

End of Terms of Service

Please email us at legal@quikone.com with any queries or concerns that you may have about this Agreement.