Terms and Conditions
Last updated on March 1, 2021
Company
Quantamix Solutions B.V. (The Company) is a company registered at ‘Buitendijks 2, 1422MM Uithoorn, The Netherlands’having its registered address at ‘Schootsveld 13, 1421LM Uithoorn, The Netherlands’. Its contact email id is – contact@quantamixsolutions.com.
Quantamix Solutions B.V./ The Company is engaged in developing high-end technological products mainly related to the content, automation, and market research domain.
Definitions
- Quantamix Solutions B.V., here onwards referred to as “Company” or “QMS” or “Quantamix Solutions” or “us” or “we.”
- “Services” term used in this document refers to the “Site,” the “Website,” the “Platform,” the “Tools,” the “Support,” and the “Services” offered by QMS. DEFINE WHAT SERVICE IS. THIS DEFINITION IS INADEQUATE, for instance. “Services shall refer to the content made available under the service page on the website. This includes_____and does not include___”
- “Third Party Tools” term used in this document refers to the third-party analytics tools, plugins, and APIs we work with. For example, Google APIs, scraper API, Amazon Alexa APIs, AI research and Deployment Company, or artificial intelligence system offered through OpenAI’s API.
- “Cloud Service” term used in this document refers to using AWS Cloud services for storage and processing of the data.
- Account: the main (billing) account for the use of the Services which is created by you when you register for the Services, which will include at least one User-account.
- Subscription: These terms of use govern your subscription with Quantamix Solutions concerning the access to and use of the Services.
- You shall refer to the person using the website developed by the Company.
- Website or Site refers to www._____.com.
- The Client shall refer to the person using the services available on the Site developed by the Company.
The rationale for terms and conditions
General terms and conditions outline the rights and responsibilities/duties of you and that of Quantamix Solutions. They also set out provisions and agreements within various parties.
Binding Agreement
These terms and conditions govern the use of Quantamix Solutions’ Services. The Services are owned and operated by Quantamix Solutions. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Quantamix Solutions’ Privacy Policy), and procedures that may be published from time to time on its Site by Quantamix Solutions (collectively, the “Agreement”). This agreement is binding on the parties using the services/site.
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access Quantamix Solutions’ Services. If these terms and conditions are considered an offer by Quantamix Solutions, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 18 years old.
Restrictions of use
If you use Quantamix Solutions’ Services, you must responsibly use them. You must immediately notify Quantamix Solutions of any unauthorized use of your account and/or any other breach(es) of security. Quantamix Solutions will not be liable for any acts or omissions done at your end or by you, including any damage(s) of any kind incurred as a result of such acts or omissions.
Without limiting any of those representations or warranties, Quantamix Solutions has the right (though not the obligation) to, in Quantamix Solutions’ sole discretion, terminate, cancel or deny access to and use of the Services to any individual or entity for any reason. In such cases, Quantamix Solutions shall have no obligation to provide a refund of any amount(s) previously paid for availing any of the Services.
Payment
You shall pay Quantamix Solutions a fee for the use of the Services. The fees, payment terms, and payment methods are communicated on the Website. The current pricing plan is valid until 1st June 2021.
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, Quantamix Solutions is happy to discuss further, but the ultimate pricing decision will be that of Quantamix Solutions. If you still remain dissatisfied, you can exercise your right to terminate or cancel the Subscription.
In the event that payment of any invoice has not been received by Quantamix Solutions in full and/or on time, Quantamix Solutions 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 reserves the right to immediately revoke, suspend or limit your Services. The foregoing is notwithstanding any other right Quantamix Solutions might have, such as the right to partially or fully rescind the Services for default. All costs associated with collecting due payments are for your account.
Copyright Infringement
If you believe that material located on or linked to by Quantamix Solutions violates your copyright, you are encouraged to notify Quantamix Solutions (at contact@quantamixsolutions.com). We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
Intellectual Property
Your use of the Services grants you no right or license to reproduce or otherwise use any Quantamix Solutions or third-party trademarks.
The Intellectual Property Rights and trademarks in relation to the Services provided by Quantamix Solutions are held by Quantamix Solutions or its licensors.
Under the conditions set out in these Terms and conditions, Quantamix Solutions will grant to you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable right to access and use Services, insofar as is necessary for the use of the Services.
You shall refrain from any act that infringes the Intellectual Property Rights of Quantamix Solutions 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 and conditions.
Links to third party websites and content posted on other websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Quantamix Solutions’ Services links, and that link to Quantamix Solutions’ Services. Quantamix Solutions does not have any control over those websites and webpages and is not responsible for their contents or their use.
By linking to an external website or webpage, Quantamix Solutions does not represent or imply that it endorses such a website or webpage. We encourage you to take precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Quantamix Solutions disclaims any responsibility for any harm resulting from your use of external websites and webpages.
Liability and limitation of liability
Quantamix Solutions accepts no liability for damages that result from:
- the use of the Services, the Services being unavailable or the Services not functioning correctly,
- performance being inaccurate, loss of data, or any other cause, to the extent that is permitted under mandatory law.
When Quantamix Solutions 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 Services paid in the previous month.
Direct damage is understood to mean exclusively:
- damage to property;
- reasonable costs incurred to prevent or limit damage to property that could be expected from the event on which the liability is based; reasonable costs incurred in determining the cause of the damage to property.
Any liability of Quantamix Solutions 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.
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 or her managers (“own actions”).
The creation of any right to compensation is always conditional on you reporting the damage to Quantamix Solutions in writing as soon as possible after it has come about. Any claim for compensation vis-à-vis Quantamix Solutions will be canceled simply by the expiry of twelve months after the damage first arose.
Force majeure
Neither Quantamix Solutions nor you are liable to perform any obligation, including any warranty obligation, agreed between the parties if prevented therefrom by force majeure.
Force majeure is taken to mean inter alia: any and all acts of God, power failures, strikes, riots, government measures, fire, natural disasters, pandemics and epidemics, floods, failure of suppliers of Quantamix Solutions, shortcomings by third parties which were engaged by Quantamix Solutions, disruption of the internet connection, hardware failures and failures in (telecommunications) networks.
Indemnities and warranties
You agree to indemnify and hold harmless Quantamix Solutions, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of Terms and Conditions laid out in this document.
You guarantee that you are entitled to use the Services and that you will act in accordance with the Terms and Conditions laid out in this document.
The term, Cancellation, and Termination
Quantamix Solutions may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Quantamix Solutions account (if you have one), you may simply discontinue using the Services.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
In case of a cancellation or a termination for any reason whatsoever, no obligation to undo any performance already delivered will arise from the termination of the Subscription.
In case of cancellation or termination of the Subscription, all outstanding invoices will become due immediately. Termination will not have a retroactive effect. If you cancel Your Subscription anytime, the unused units of URL equivalent amount as per your plan will be refunded to your account.
Refund Policy
Quantamix Solutions may or may not offer actionable money-back guarantees for the Services. Details of such money-back guarantees will be provided in the pricing plans.
The final decision, on whether you receive such a money-back guarantee according to the plan (and respective pricing published on the website) chosen by you, rests with Quantamix Solutions. Quantamix Solutions will arrive at such a decision based on various factors such as sufficient usage of the services. Quantamix Solutions does not have any obligation to disclose how it arrived at a particular decision.
Privacy
Kindly refer to our Privacy Policy (attach link). It may be necessary to transfer your personal data to data centers located outside of your country. You hereby give your permission to do that, if and in so far this is in accordance with our Privacy Policy.
Miscellaneous
This Agreement constitutes the entire agreement between Quantamix Solutions and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Quantamix Solutions, or by the posting by Quantamix Solutions of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state Netherlands (Dutch Law).
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Arbitration Rules of the Judicial Arbitration by arbitrator(s) appointed in accordance with such Rules.
The arbitration shall take place in Netherlands and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Quantamix Solutions may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
