Terms of Use
Last Updated: [25/02/2024]
IMPORTANT: The following Terms of Use ("Terms") constitute a legally binding agreement between you ("User" or "you") and Quantium ("Company," "we," or "us"). By accessing or using our software, services, and subproducts (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Services.
Disclaimer: This document is provided as a general template and does not constitute legal advice. Please consult with a qualified attorney to ensure these Terms meet your specific legal requirements.
1. Acceptance of Terms
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional policies referenced herein or posted from time to time on our website or within the Services.
2. License Grant and Use of Services
Subject to your compliance with these Terms, Quantium grants you a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your internal business operations. You agree not to:
- Copy, modify, or distribute any part of the Services except as expressly permitted;
- Reverse engineer, decompile, or disassemble the Services;
- Create derivative works based on the Services without our prior written consent.
3. User Accounts and Security
- Account Registration: You must provide accurate, current, and complete information when registering an account.
- Security Obligations: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Immediately notify Quantium of any unauthorized use or security breach.
- Suspension: We reserve the right to suspend or terminate your account, with or without notice, if we determine that you have violated these Terms or engaged in any harmful or illegal activities.
4. Permitted and Prohibited Uses
Permitted Uses
You may use the Services only for lawful purposes and in accordance with these Terms. Use of the Services should not disrupt or interfere with the functionality or security of the Services or any third-party systems.
Prohibited Uses
You agree not to:
- Engage in any illegal, fraudulent, or harmful activities;
- Attempt to access or interfere with any part of the Services, other user accounts, or third-party systems without authorization;
- Transmit viruses, malware, or any code that could harm the Services or its users;
- Exploit or misuse the Services in a way that could damage, disable, or impair the Services.
5. Data Rights, Privacy, and Security
- Ownership: You retain ownership of all data you submit to the Services. By submitting data, you grant Quantium a non-exclusive, worldwide, royalty-free license to use, store, and process your data solely for providing and improving the Services.
- Privacy: For details on how we collect, use, and safeguard your personal information, please refer to our Privacy Policy.
- Security: While we implement commercially reasonable measures to protect your data, you acknowledge that no method of transmission over the Internet is completely secure.
6. Intellectual Property
All intellectual property rights in the Services, including but not limited to software, trademarks, logos, and content, are owned by Quantium or its licensors. You agree not to use or reproduce any of Quantium’s intellectual property without our express written permission.
7. Disclaimers of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. QUANTIUM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, or that any defects will be corrected.
8. Limitation of Liability and Indemnification
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUANTIUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF QUANTIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability exceed the amount paid by you, if any, for accessing the Services during the twelve (12) months preceding the claim.
Indemnification
You agree to indemnify, defend, and hold harmless Quantium, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your violation of these Terms, or your infringement of any third-party rights.
9. Termination and Suspension
Quantium reserves the right to suspend or terminate your access to the Services, in whole or in part, at any time, without prior notice, for any reason including a breach of these Terms. Upon termination, you must cease all use of the Services and delete any materials obtained from the Services.
10. Modifications to Terms
We may modify these Terms at any time by posting a revised version on our website or within the Services. Changes will be effective immediately upon posting. Your continued use of the Services after any changes signifies your acceptance of the revised Terms. It is your responsibility to review the Terms periodically.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict-of-law principles. Any disputes arising from or related to these Terms shall be resolved exclusively through binding arbitration under the rules of the Swiss Chambers' Arbitration Institution. The arbitration shall be held in [City, Switzerland] and conducted in English. Notwithstanding the foregoing, Quantium may seek injunctive or equitable relief in any court of competent jurisdiction.
12. Miscellaneous
- Entire Agreement: These Terms, together with any policies or guidelines referenced herein, constitute the entire agreement between you and Quantium regarding the Services.
- Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Terms remain in full force and effect.
- Waiver: No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision.
- Assignment: You may not assign or transfer these Terms or any rights granted herein without the prior written consent of Quantium. Any attempted assignment in violation of this section will be null and void.
Disclaimer: This Terms of Use document is provided solely as a template and does not constitute legal advice. Quantium recommends that you consult with a legal professional to tailor these Terms to your specific needs and to ensure compliance with all applicable laws and regulations.