By clicking to accept this User Agreement, you are deemed to have executed this User Agreement electronically, effective on the date you clicked the “Agree and Continue” button located at the end of this User Agreement. Doing so constitutes an acknowledgement that you are able to electronically receive, download, and print this User Agreement and that you have read and reviewed this User Agreement and have accepted all of the terms and conditions as stated in this User Agreement.
Qlytics offers access to and use of Qlytics software and related services at Qlytics.com or any website “powered by Qlytics” that accesses Qlytics software and related services (collectively, the “Site”) subject to your acceptance of this User Agreement. By accessing, using or obtaining any content, data, materials, information, products or services through this Site, you agree to be bound by and to comply with this User Agreement. If you do not accept all of this User Agreement, then you do not have permission to access or use the Site and we make act to block your access to the Site without notice. This Site is intended solely for users who are eighteen (18) years of age or older. By using the Site, you confirm and represent that you are at least eighteen (18) years of age or older.
Qlytics reserves the right to modify this User Agreement at any time and will do so from time to time. Each modification shall be effective upon its posting to the Site. Your continued use of the Site following any such modification constitutes your acceptance of any changes to this User Agreement. It is therefore important that you review this User Agreement regularly. If you have any questions concerning this User Agreement, please contact Qlytics through the link available at Qlytics.com/support.
The Site is intended to serve as a central hub for your AI development, data and data analytics needs. Qlytics offers a variety of services through the Site (each a “Service” and together the “Services”) and, depending on which Services you choose to use, additional terms and conditions may apply.
You may purchase the following Services through the Site:
Data – Services to license data offered by others (“Third Party Data”), to license data in databases and/or datasets owned by Qlytics (the “Qlytics Data”), to license Qlytics Data APIs and libraries, program languages and/or software programs that utilize the Qlytics APIs (collectively the “Qlytics APIs”);
Talent – Services which allow you to find and hire personnel (“Talent”) with management and or development skills in the areas including but not limited to machine learning, deep learning, and data science on a project basis, and to offer your own data skills for purchase by others;
Resources – Services which include compute, storage, database and related cloud resources (the “Resources”) deployed by the Service and used by you to store, process and manage Data and Apps;
User License – Services to provide role-based access (“User License”) to the Service, Resources, Apps and Data; and
Apps – Services include Machine Learning and Deep Learning applications for extracting knowledge from voice, text, and image data and related proprietary tools (the “AI Application”), which allow you to process User Data and data you have licensed through the Site using computing resources.
REGISTRATION AND ACCOUNT CREATION.
The Site allows you to set up projects (each a “Project”) using Services available through the Site. You may not create a Project without a valid registration to Qlytics. You must register for the Site by completing the online registration form available on the Site. Your registration may be subject to review by Qlytics. By registering for the Site, including those portions that require a fee or payment for access, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify Qlytics promptly of any changes to this registration information. You will select a username and a password, keep it secret, and not to share them with anyone. You may not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that Qlytics, in its sole discretion, deems offensive or inappropriate. Qlytics reserves the right to deny creation of your account based on inability to verify the authenticity of your registration information. You shall immediately notify Qlytics of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your Qlytics account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service.
PAYMENT OF SUBSCRIPTION SERVICES.
It is free to register for the Site. However, you may be charged fees (either on a one-time or subscription basis) associated with individual roles, Projects and Services used in the Project or on the Site. Subscription Services are personal to you, and you may not transfer or share subscriptions with any other person (including but not limited to your family or coworkers).
You agree to Qlytics storing your payment information with our third-party payment processor (“TPPP”). In addition to agreeing to this User Agreement, you agree to abide by all terms of service associated with providing payment information to the TPPP.
The payment information you will provide to the TPPP may include both your credit card and your bank account information. The credit card or bank account that you submit will be charged immediately based on the services you choose for a Project. You also agree to pay the applicable fees for any subscription as they become due and to pay all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription Services or account and rescission of data and Services provided by the Site to you. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Qlytics does not support all payment methods, currencies or locations for payment.
CLIENT AND TALENT RELATIONSHIP WITH QLYTICS.
The Site includes a Talent Hub that provides users (“Client”) with the ability to search for, invite and hire Talent to deliver projects or task based AI development Services. Talent and Client are both users of the Site. Talent and Client both agree that Qlytics is not a party to their contract and dealings. Qlytics provides the Site for Talent and Client to connect and serves only as a medium to facilitate the provision of Client defined AI development Services. Talent and Client contract independently for the provision of the Services. Client is solely responsible for selecting Talent, establishing the Services to be provided and managing the overall project. Any decision by Client to receive Services or by Talent to provide Services is a decision made in such person’s sole discretion.
Talent and Client are free to contract as they deem necessary to complete the Services. The contract between Talent and Client shall not alter this Agreement. They Parties may also agree to use the Optional Service Agreement as a sample contract. QLYTICS ASSUMES NO RESPONSIBILITY FOR YOUR USE OF THE OPTIONAL SERVICE AGREEMENT.
PAYMENT OF TALENT FEES.
Talent contracted to perform Services on or through the Site will be charged a Service Fee based on the total Talent Fees collected less any refunds or reversals. This Service Fee is included in the published hourly rates displayed on the Talent Hub.
If you are an External Talent invited to work on the Site and issued a contract to perform Services, at a negociated rate different than the rate then published on the Site then a Service Fee of 15% of billed Services will be charged to you and deducted from the amounts due at time of payment.
Qlytics charges users a payment processing and administration fee of 5% on each payment made by users through Qlytics (the “Payment Processing Fee”) to an External Talent for the Services.
If payments made by a user are released for any reason or refunded by a Talent, then the Payment Processing Fee will not be refunded.
AUTHORIZATION FOR ACH DEBITS AND CREDITS.
If and to the extent permitted by Qlytics in its sole discretion, Users may pay Talent Fees, Subscrition Fees, and other fees owed under the Terms of Service from their designated bank accounts or credit card. Subject to Qlytics eligibility requirements, if you elect to pay Talent Fees or any other fees owed under the Terms of Service via ACH transfers from your designated bank account, you hereby authorize Qlytics to electronically debit and, if necessary, electronically credit your designated credit card or bank account via ACH for such fees pursuant to the Terms of Service, and you agree to comply with the ACH rules. Your authorization for ACH transfers will remain in full force and effect until you notify us that you wish to revoke your authorization by removing your bank account information from your account or by contacting Customer Support. You understand that we require at least five (5) business day’s prior notice in order to cancel your authorization for ACH transfers.
You must notify us of any change in your designated bank account’s information at least five (5) business days before any such change by updating your bank account information in your account or by contacting Customer Support. If we do not receive notice at least five (5) days before any such change, we may attempt, in our sole discretion, to implement such change prior to any ACH debit or credit transfer performed pursuant to your authorization. However, we assume no responsibility for our failure to do so.
You may view a history of your account transactions by logging in to the Site. You are solely responsible for promptly reconciling your account transaction history with the transaction records for your bank account. You must immediately notify us of any errors or discrepancies in your account transaction history (each, an “Error”) within two (2) days of when the Error could be viewed in your account transaction history on the Site. If you do not notify us of an Error within two days of when the Error could be viewed in your account transaction history on the Site, then you will forfeit the right to contest the Error, except to the extent such forfeiture is prohibited by applicable law or the NACHA rules.
AUTO RENEWAL OF SUBSCRIPTION.
You understand that, unless you notify us that you wish to terminate a subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and account will be charged for each such renewal at the subscription fee in effect at the time of that renewal. In the case of special or introductory offers, your subscription will automatically renew for successive semi-annual or annual terms and your credit card will be charged at the subscription fee in effect at the time of that renewal.
In the event legal action is necessary to collect on balances due, you agree to reimburse Qlytics and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Site or Services. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
QLYTICS RESERVES THE RIGHT TO CHANGE THE APPLICABLE SERVICES AND FEES AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES AND CHANGING THE COST FOR A SUBSCRIPTION AND THE RESPECTED SUBSCRIPTION DURATIONS). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH SERVICES (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY WILL BE TO CANCEL YOUR SERVICES, AS SET FORTH BELOW.
During the term of this User Agreement and for twenty-four (24) months thereafter (“Non-Solicitation Period”), to the extent that you leverage the Site and hire External Talent to provide Services, you will use the Qlytics’ Site as your exclusive method to receive all Services from that External Talent and will make all payments, directly or indirectly, to that Talent exclusively through the Site. During the Non-Solicitation Period, you shall not make complete or partial payments to any such External Talent for services outside of the Site, or otherwise circumvent Qlytics’ role as payment processor or the Site payment methods, and any violation of the foregoing restrictions is a material breach of this User Agreement. By way of illustration, and not in limitation of the foregoing, within the Non-Solicitation Period, you will not: (a) accept proposals from, receive services from, or make payments to any External Talent first identified through the Site except via Qlytics; or (b) pay or report on the Site a payment amount lower than that actually agreed between you and a Talent through the Site. YOU WILL NOTIFY QLYTICS IMMEDIATELY IF A TALENT MEMBER REQUESTS directly or indirectly MAKING PAYMENTS OUTSIDE OF THE QLYTICS PLATFORM WITHIN THE NON-SOLICITATION PERIOD. If during the Non-Solicitation Period, you offer traditional employment to a Talent then you agree to pay Qlytics a fee equal to the Total Earnings Compensation Potential of said Talent (the “Employment Fee”). The following is the calculation to obtain Total Earnings Compensation Potential: Talent Hourly Rate X 40 hours X 26 weeks. You will pay Qlytics the Employment Fee upon invoice.
CANCELLATION AND REFUND POLICY.
If you registered to use any of the Services from the Site and wish to cancel, you must do so by selecting “Unsubscribe” from the user payment settings on the Site. If you have already been charged for a term of a subscription Service, when you cancel, you will continue to have access to that subscription until the term of that subscription has run out. You will not be charged for the following term.
Qlytics can’t offer refunds on any fees and charges related to any Services – including partially used subscription terms. ALL SALES ARE FINAL. Also, please note that all of your access to the Site and User Content may be limited immediately after you terminate any Services, so make sure to backup all User Content if you do not want to lose access. We do not offer refunds for lack of usage or dissatisfaction.
SITE CONTENT AND LICENSE.
Excluding the User Content (as defined below), Third Party Data and certain open source content available on the Site, all content on the Site (including, without limitation, all Site information and infrastructure, associated tools, user information, data, newsletters, blog posts, general text, graphics and the Sites design, etc. and their selection and arrangement, collectively, the “Site Content”) is the proprietary information of Qlytics and its licensors, with all rights reserved by Qlytics and its licensors.
No Site Content or IP may be modified, copied, distributed, reproduced, republished, downloaded, posted, transmitted, or sold in any form or by any means, in whole or in part, without Qlytics’ prior written permission in each instance. Provided that you are eligible to use the Site, pay any applicable fees, and comply with the conditions of this User Agreement, you are granted a limited license to access and use the Site and the Site Content (other than open source content which is separately licensed) solely for your own use, provided that you keep all copyright or other proprietary notices intact. Certain Site Content (including without limitation Third Party Data, Qlytics Data, the Qlytics APIs and AI Applications are subject to additional charge. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Qlytics, is strictly prohibited and will terminate your account and limited license granted herein without notice. Unauthorized use may also violate applicable laws including securities, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this User Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. You must not modify, adapt, hack or violate the security of the Site. You must not reverse engineer the algorithms used by the Site or probe the Site for vulnerabilities nor assist or permit any third party to do so. Your license is revocable at any time without notice and with or without cause. We may suspend or terminate your access to the Site at any time for operational, regulatory, legal or other reasons or if you breach any of this User Agreement.
You agree not to (or to assist or permit any third party to) use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to Qlytics in a given period of time than a single human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to (or to assist or permit any third party to) collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. Qlytics reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in Qlytics’ sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
Upon acceptance, this User Agreement governs your right to use and access the Site and any subscription services through the Site. This User Agreement grants you a non-transferable, non-exclusive, revocable limited right and license to access the Site for the limited purposes, and under this User Agreement. You are permitted to receive, process, and display the Qlytics Data in your permitted application to individual end users provided you or your end users use the Qlytics Data in such a way as to not repackage, resell or otherwise exploit the Qlytics Data apart from your permitted application. You are also permitted to systematically query the Qlytics APIs. You must disclose in your application, website or software (on any page where Qlytics Data is used) either the Qlytics logo or reference that the data is from Qlytics. If you reach your daily API call limit for your subscription, your service will be shut off until the next day, which resets at 12:00am Eastern Standard Time US.
NO SERVICE GUARANTEE.
You understand and agree that Qlytics makes no representation, warranty or condition that: (a) the Site or Services will be uninterrupted, timely, secure, reliable, accurate or error-free; (b) the Site or Services will meet your requirements; (c) the Site or Services will meet your expectations, be suitable for any purpose, or be accurate, complete, reliable, current, timely, adequate, or error-free. Qlytics disclaims all liability for the use or interpretation of data obtained from the Site. Data obtained through the Site may be delayed, inaccurate or contain errors or omissions, and Qlytics will have no liability with respect thereto. Qlytics does not endorse nor is responsible for any Third Party Data or open source content which may be available through the Site. YOU USE THE SITE AND SERVICES AT YOUR OWN RISK.
The Site displays links to other websites and content, information and data obtained from other websites. You agree that we are not responsible or liable for any actions or inactions of other websites. You understand that we use third-party vendors to provide necessary hardware, software, networking, storage, and related technology to run the Site and to provide the Services. You agree and acknowledge that we are not responsible in any manner whatsoever for any actions or inactions of such third-parties. You further understand that third-party vendors provide us with data and services that we share on the Site and as part of the Site Content and Services and unless expressly agreed by Qlytics in writing, we do not take any responsibility for any third-party provided data and services.
Using the Site and the Services does not give you ownership or license of any intellectual property rights in the Site or the Services or in any content, information or data accessed on or through the Site or the Services, including content, information and data obtained from a third-party.
You will not have ownership rights to any type of data or information obtained through the Qlytics Site, application programming interface(s) (API), or any other Services. This includes any data or information collected or created by Qlytics (including the Qlytics Data) and/or provided by any outside publisher under a partnership or redistribution contract with Qlytics (including the Third Party Data) (collectively, the “Services Data”). The Services Data, including but not limited to text, content, and data, is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Services Data is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all additional copyright notices or restrictions contained in the Services Data. You may not use the Services Data for any illegal purpose or in any manner inconsistent with this User Agreement. You acknowledge that the Services Data has been developed, compiled, prepared, revised, selected and arranged by Qlytics and others (including Third-Party Data providers) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Qlytics and such others. You agree to protect the proprietary rights of Qlytics and all others having rights in the Services Data during and after the term of this User Agreement and to comply with all reasonable written requests made by Qlytics to protect Qlytics’ and others’ contractual, statutory and common law rights in the Services Data. You agree to notify Qlytics in writing promptly upon becoming aware of any unauthorized access or use of the Services Data by any party or of any claim that the Services Data infringes upon any copyright, trademark, or other contractual, statutory or common law rights. You acquire absolutely no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with these User Agreement. You may not offer the Services Data, or any part thereof, for sale, rent, license or commercial redistribution.
“Qlytics”, “Q-Platform”, the Qlytics logos and any other product or service name or slogan contained in the Site are trademarks of Qlytics and may not be copied, imitated or used, in whole or in part, without the prior written permission of Qlytics. You may not use any metatags or any other “hidden text” utilizing “Qlytics” or any other name, trademark or product or service name of Qlytics without our prior written permission. In addition, the look and feel of the Site and Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Qlytics and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Qlytics names or logos mentioned in the Site and Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
It is your responsibility to comply with any copyright laws that govern the content, information or data accessed on or through the Site. Qlytics is an index. It is a conduit to data published on various locations on the Internet. Like any search engine, Qlytics makes no claim to own the data it indexes or caches. Qlytics endeavors to respect copyright. If you believe this site is indexing your copyright data and you would rather it not do so, you may submit a take-down request.
Qlytics has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the “DMCA”). The address of Qlytics’s Designated Agent for copyright takedown notices (“Designated Agent”) is Qlytics.com/support.
Reporting Instances of Copyright Infringement:
If you believe that content residing or accessible on or through our Site infringes a copyright, please send a written notice (by email or regular mail) to the Designated Agent. Please note that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Please use the following format (including section numbers) when you send written notice to us:
Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Qlytics is capable of finding it and verifying its existence.
Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is either the copyright owner, or authorized to make the complaint on behalf of the copyright owner.
A signature of the copyright owner, or a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
After removing material pursuant to a valid DMCA notice, Qlytics will notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. Qlytics reserves the right, in its sole discretion, to immediately terminate the account of any user who is the subject of a DMCA notification.
USER CONTENT POSTED ON THE SITE.
You are solely responsible for all content (including, but not limited to all user registration information, profile information, forum posts, comment posts, user to user messages, and text/design/content of any kind) that you upload, publish or display (hereinafter, “post”) on or through the Site, or transmit to or share with other users of the Site (collectively the “User Content”). You may not post, transmit, or share User Content on the Site that you did not create, that you do not hold a Copyright, or that you do not have permission to post. You understand and agree that Qlytics may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Qlytics violates this User Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Qlytics. When you post User Content to the Site, you authorize and direct us to make such copies and backups thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, without compensation from Qlytics, and you represent and warrant that you have the right to grant, to Qlytics an irrevocable, perpetual, non-exclusive, transferable, fully paid-up, royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, (including, without limitation, any commercial purpose, including, a marketplace for sublicensed User Content, and/or any other purpose). On or in connection with the Site and Services, Qlytics may grant and authorize sublicenses of the foregoing, without compensation from Qlytics. You may remove your User Content from the Site at any time; provided that you acknowledge and agree that Qlytics’s license and all sublicenses to the User Content shall continue perpetually as specified in the license grant above. Qlytics does not assert any ownership rights over your User Content; rather, as between us and you, subject to the rights granted to us in this User Agreement, you retain ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITE CONTENT AND/OR ANY USERS CONTENT POSTED TO THE SITE, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS.
To the maximum extent permitted under law, you agree that we are not liable for any loss or damage of any kind resulting from the use, inability to use, performance or nonperformance of the Site or Services or any content, information or data accessed on or through the Site.
IN NO EVENT SHALL QLYTICS, BE LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT OR IMAGES FROM OUR SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY THIRD-PARTY PROVIDER TO OUR SITE, EVEN IF WE HAVE BEEN, OR A THIRD-PARTY PROVIDER HAS BEEN, ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
You agree to defend, indemnify and hold harmless Qlytics and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Site or the Services; (ii) any interaction between you and other users; (iii) your violation of any term of this Agreement; or (iv) your violation of any third party intellectual property rights. This defense and indemnification obligations will survive the termination of this Agreement.
NO UNLAWFUL OR PROHIBITED USE.
The Site is based in the United States. We make no claims concerning whether the Site may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Site or User Content to countries or persons prohibited under the export control laws. By downloading the Site or User Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Site.
COMPLIANCE AND REGULATORY INQUIRIES.
You are solely responsible for compliance with laws, regulations and policies in connection with your use of the Site. In the event that you receive non-routine notice or inquiry or investigation or request for information from any governmental authority or agency or any self-regulatory organization relating to the Site, Services, or any User Content, you shall immediately notify Qlytics in writing except to the extent prohibited by law, regulation or legal process. Further, you shall keep Qlytics informed of any material developments concerning the matter except to the extent prohibited by law, regulation or legal process.
Qlytics reserves the right to terminate this User Agreement at any time, for any reason, or for no reason, including but not limited to, if you violate any provision of this User Agreement. Qlytics reserves the right to terminate this User Agreement on any basis of over usage of any of the Site Content or Services by you. Over usage will be decided upon by Qlytics. If at any time Qlytics terminates this User Agreement, you have 24 hours to destroy and remove all Qlytics Data, content, and any information Qlytics asks from the application, software, or website and all computers, hard drives, networks, and other storage media licensed to this User Agreement.
Notices under this Agreement shall be sufficient if in writing and delivered to addressee by email address provided in your account or Qlytics’s customer service at Qlytics.com/support.
Company shall have the right to assign this Agreement to its subsidiaries, affiliates, successors and assigns, and shall inure to the benefit of and be enforceable by said subsidiaries, affiliates, successors or assigns. Freelancer may not assign this Agreement, or any rights or obligations hereunder, without the prior written consent of Company.
This User Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Massachusetts, U.S.A, without regard to its conflict of laws rules. Any controversy, dispute or claim of whatever nature arising out of, in connection with, or in relation to the interpretation, performance or breach of this User Agreement, including any claim based on contract, tort, or statute, shall at the request of Company, be resolved by final and binding arbitration conducted at a location determined by the arbitrator in Massachusetts administered by and in accordance with the then existing rules and procedures of the American Arbitration Association, and judgment upon any reward rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof.
ENTIRE USER AGREEMENT; SEVERABILITY.
This User Agreement sets forth the entire agreement between the Parties with respect to the subject matter hereof. In case any provision in this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the invalid, illegal or unenforceable provision shall be deemed reformed to the extent necessary to be valid, legal and enforceable.