TERMS OF USAGE  


Last updated on December 1, 2019

Please read carefully following terms of use so you are aware of your rights and responsibilities when you use Quantamix Solutions: CrawlQ Business Analytics (beta version).

 

Article 1. Definitions

 

1.1 The capitalized terms listed below have the following meaning in the Terms of Use

Quantamix Solutions B.V., registered at Schootsveld 13, 1421LM Uithoorn, the Netherlands and having its offices at Schootsveld 13, 1421LM Uithoorn, the Netherlands

Account: the main (billing) account for the use of the Service which is created by You when you register for the Service, which will include at least one User-account

Subscription: the subscription between Quantamix Solutions BV to use CrawlQ Business Analytics  and You concerning the access to and use of the Service, which is governed by these terms of use

Intellectual Property Rights: all intellectual property rights and related rights such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as rights to know-how

Login Details: the email address and password which You provide when creating Your Account and with which You gain access to the Service and Your Account

Content Information: the information about the content of a Client Website and its performance, such as metrics concerning its ability to be findable, shareable and optimized for conversions.

Privacy Policy: the privacy policy of Quantamix Solutions available via Privacy Policy

Service: the service of Quantamix Solutions: CrawlQ Business Analytics, which is used to check the Content Information of a Client Website, as further specified in article 3

Terms of Use: these terms of use of Quantamix Solutions: CrawlQ Business Analytics 

User: a person who is authorized by You to use the Service on your behalf, by creating for that person a User-account

User-account: a separate account under Your Account, with separate Login Details, for the creation and use of which You are responsible

Client Website: A website is monitored by You, by using the Service

Website: Quantamix Solutions BV’s websites containing and describing the Service.

 

You (Your): you, the (legal) person that is using the Service and that has created an Account for the use of the Service

 

Article 2. Applicability

 

2.1 These terms of Use (“Terms of Use”) apply to the Subscription and to every use made by You of the Service. Your terms of use (if any) are excluded.

2.2 Quantamix Solutions: CrawlQ Business Analytics may at any time change the Terms of Use. The most up-to-date Terms of Use can always be found on the Website. If we change the Terms of Use, we will bring the new version of the Terms of Use to Your attention during Your use of the Service. If You continue to use the Service after these Terms of Use have been changed, You accept the changed Terms of Use. If You do not agree to the amended or supplemented Terms of Use, Your only option is to stop using the Service.

 

Article 3. The Service

 

3.1 The Service is a subscription for an online platform, on which You can monitor the Content Information, based on the metrics of the Service. The Service can identify issues and suggest actions to improve the performance of your content.

3.2 You accept that the Service contains only the functionalities and information that You find at the moment of use (“as is” basis). Except where Quantamix Solutions: CrawlQ Business Analytics  states otherwise in these Terms of Use, Quantamix Solutions: CrawlQ Business Analytics makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranty of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Service.

3.3 If you contact Quantamix Solutions for consultancy services and advice, Quantamix Solutions BV will render best efforts in providing these consultancy services and will advise You to the best of its abilities. Quantamix Solutions BV does not make any warranties or guarantees with regard to the accuracy or fitness for a particular purpose of the information provided in the consultancy services or advice. Quantamix Solutions: is never obligated to provide consultancy services or advice.

3.4 Quantamix Solutions BV may access Your Account if this is strictly necessary for support purposes, and for analysis and improvement of the Service. The access to Your Account is strictly regulated within Quantamix Solutions BV.

 

Article 4. Login Details

 

4.1 You are required to register for the Service. You accept that You are at all times responsible and liable for the use of the Service by third parties via Your Account.

4.2 You may use the Service to create User-accounts for, for instance, Your employees. By creating a User-account, You acknowledge that You are at all times responsible and liable for the use of the Service via that User-account and the User.

4.3 Quantamix Solutions BV  may at all times (i) make functional, procedural or technical changes or improvements to the Service and (ii) (temporarily or permanently) take out of service, restrict the use of or terminate one or more Accounts on the Service.

4.4 You are solely responsible for the proper operation of the technical infrastructure necessary to use the Service. Quantamix Solutions is never liable for damage or costs on account of transmission errors, malfunctions or non-availability of computers, data or telecom facilities, including the internet.

4.5 If You think Your Login Details have been used or are being used by a third party, You must notify Quantamix Solutions immediately via contact@quantamixsolutions.com

 

Article 5. Permitted Use of the Service

 

5.1 You are not permitted to:

  1. harm the interests and reputation of Quantamix Solutions BV

  2. engage third parties to perform any of the abovementioned acts.

5.2 Quantamix Solutions BV  reserves the right to modify or stop monitoring a Client Website or to restrict the use of or terminate Your Account if You use the Service contrary to the Terms of Use. If Quantamix Solutions decides to do that, Quantamix Solutions will notify You of that beforehand.

 

Article 6. Intellectual Property Rights

 

6.1 The Intellectual Property Rights in relation to the Service, including the Intellectual Property Rights with respect to the Content Information, are held by Quantamix Solutions or its licensors.

6.2 Under the conditions set out in these Terms of Use, Quantamix Solutions will grant to You a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to access and use the Service, including the Content Information, insofar as is necessary for the use of the Service.

6.3 Nothing in these Terms of Use is intended to transfer any Intellectual Property Rights to You. You shall refrain from any act that infringes the Intellectual Property Rights of Quantamix Solutions BV including – but not limited to – the registration of domain names, trademarks or marketing campaigns that are identical or similar to any object to which Quantamix Solutions holds Intellectual Property Rights, as well as the reproduction, modification, reverse engineering or publishing of the Service, including the Performance, for other purposes than those listed in the Terms of Use.

 

Article 7. Privacy

 

7.1 By registration, providing Login Details and by using the Service, You will provide personal data to Quantamix Solutions BV. This personal data will be processed in accordance with the Privacy Policy of Quantamix Solutions BV and the applicable laws and regulations.

7.2 If and in so far as the Client Website you subject to the Service contains personal data, you guarantee that you are authorized to have Quantamix Solutions BV  process this personal data on your behalf for the sole purpose of providing the Service.

7.3 It may be necessary to transfer your personal data to data centres located outside of the EER. You hereby give your permission to do that, if and in so far this is necessary to provide the Service.

 

Article 8. Indemnities and warranties

 

8.1 You are liable for and will indemnify Quantamix Solutions BV  completely against any damages and costs which Quantamix Solutions BV  suffers or makes as a result of (i) an attributable breach of the Terms of Use by You, (ii) an (alleged) infringement of Intellectual Property Rights by You, (iii) any use You make of the Service or (iv) an unlawful and/or illegal act. You will reimburse all costs and damages that in any way relate to such a claim.

8.2 You guarantee that You are solely and fully entitled to subject a Client Website to the Service.

8.3 You guarantee that You are entitled to use the Service and that You will act in accordance with the Terms of Use.

 

Article 9. Liability

 

9.1 Quantamix Solutions BV  accepts no liability for damages that result from:

  1. the use of the Service,

  2. the Service being unavailable or the Service not functioning correctly,

  3. Performance being inaccurate,

  4. loss of data

  5. or any other cause, to the extent that is permitted under mandatory law.

9.2 When Quantamix Solutions BV is liable to Users for damages arising from any cause whatsoever, this liability is at any time limited to paying direct damages up to the amount paid by the User for the service paid in the previous one month.

9.3 Direct damage is understood to mean exclusively:

  1. damage to property;

  2. reasonable costs incurred to prevent or limit damage to property that could be expected from the event on which the liability is based;

  3. reasonable costs incurred in determining the cause of the damage to property.

9.4 Any liability of Quantamix Solutions BV  for damage other than direct damage (“indirect damages”), including – but not limited to – consequential damages, loss and/or damage of data, loss of profits and lost sales, is fully excluded.

9.5 The limitations and exclusions of liability mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of Quantamix Solutions BV  or her managers (“own actions”).

9.6 The creation of any right to compensation is always conditional on You reporting the damage to Quantamix Solutions BV  in writing as soon as possible after it has come about. Any claim for compensation vis-à-vis Quantamix Solutions BV will be cancelled simply by the expiry of twelve months after the damage first arose.

 

Article 10. Force majeure

 

10.1 Neither Quantamix Solutions BV  nor You are liable to perform any obligation, including any warranty obligation, agreed between the parties if prevented therefrom by force majeure.

10.2 Force majeure is taken to mean inter alia: power failures, strikes, riots, government measures, fire, natural disasters, floods, failure of suppliers of Quantamix Solutions BV , shortcomings by third parties which were engaged by Quantamix Solutions BV, disruption of the internet connection, hardware failures and failures in (telecommunications) networks.

 

Article 11. Payment

 

11.1 You shall pay to Quantamix Solutions BV a fee for the use of the Service. The fees, payment terms and payment methods are communicated on the Website. The current pricing plan is valid until 31st March 2020.

11.2 The pricing and payment methods may change from time to time. Any changes to the prejudice of You will be brought to Your attention beforehand. If You do not agree to the changes, Your only option is to terminate the Subscription.

11.3 In the event that payment of any invoice has not been received by Quantamix Solutions BV  in full and/or on time, Quantamix Solutions BV has the right to send You written notice of default, setting a reasonable term for payment, which term is (also) considered to be a fatal term. Parties agree that five days is a reasonable term for payment. In the event that payment has not been made within this reasonable term, Quantamix Solutions BV  reserves the right to immediately revoke, suspend or limit Your Account. The foregoing is notwithstanding any other right Quantamix Solutions BV might have, such as the right to partially or fully rescind the Subscription for default. All costs associated with collecting due payments are for Your account.

 

Article 12. Term and Termination

 

12.1 The Subscription is entered into for a definite period of time until 31st March 2020.. You may terminate the Subscription at any time by deleting all monitored Client Websites. 

12.2 Quantamix Solutions BV is entitled to terminate the Subscription in case of any breach of the Terms of Use by You.

12.3 In case of a termination for any reason whatsoever, no obligation to undo any performance already delivered will arise from the termination of the Subscription.

12.4 In case of termination of the Subscription, all outstanding invoices will become due immediately. Termination will not have retroactive effect.

12.5 If you terminate Your Account anytime, the unused units of URL equivalent amount as per your plan will be refunded to your account. 

 

Article 13. Miscellaneous

 

13.1 These Terms of Use and the use of the Service are subject to Dutch law.

13.2 To the extent that national or international rules of law do not prescribe mandatory conditions to the contrary, any and all disputes arising from or related to the Service or the Terms of Use will be brought before the competent court in Amsterdam.

13.3 Quantamix Solutions BV  may use Your name and logo for promotional activities relating to the Service in any current and future promotional channels and You grant to Quantamix Solutions BV  a license under the applicable IP-Rights to use Your name and logo for that purpose.

13.4 Quantamix Solutions BV may transfer rights and obligations arising from these Terms of Use to third parties and will notify You of this. When You do not accept the transfer of rights and obligations You may discontinue the use of the Service and terminate Your Account.

13.5 If at any time any provision of these Terms of Use is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of the Terms of Use and such invalid provision shall be replaced by such other provision which, being valid in all respects, shall have effect as close as possible to that of such replaced one.