Information of the company that manages the services
Effective date: May 1, 2023. In case of new sign ups or first use of the Site, February 15, 2023.
The platform accessible through the www.qreatiq.com and www.qreatiq.net domain names (the “Site”) is provided by QREATIQ DIGITAL LLC (hereinafter referred to as “us”, “we” or the “Company”), a United State of America entity with registered address at 38 Greene St, New York, NY 10013, United States, and IRS EIN. (Taxpayer ID) 80-0861733. The Company is registered in the Commercial Registry of the United States of America.
1. General
These terms of use (the “ToU”) are the legal agreement between you and the Company, and govern the access to, browsing, and use of the Site. By accessing the Site, you accept to be bound by these ToU. In the case you do not agree with the terms and conditions set forth herein, you must refrain from accessing and using the Site. Should you have any doubts in connection with these ToU, please contact us through our Contact Form.
2. Purpose
The purpose of the Site is to provide general and business information about the activity of the Company and, with respect to users that have created an account in accordance with the Service Terms and Conditions, enable the use of the services offered by us, consisting in the creation of forms and any other services as may be offered by us from time to time (indistinctly referred to as the “Services”).
Neither the Site nor the Services are not targeted towards, nor intended for use by, anyone under the age of 16. You must be at least 16 years old to access and use them as well as to use the Services. If you are between 14 and 16 years old, you may only use them under the supervision of a parent or legal guardian.
3. Information available on the Site
We make our best efforts to ensure that all general and business information on the Site is comprehensive and error-free, and we periodically review the contents, information, and any other data of any kind included in the Site. However, you acknowledge and accept that all data available in there is provided for information purposes only, and that the Company does not warrant nor accepts any liability for any errors existing in the information. We recommend that you search from time to time for updates of, or amendments to, the contents of the Site.
4. Your use of the Site
You must use the Site and the Services complying with law and public order. In particular, you undertake to not use them to pursue illegal purposes, contrary to the rights and legitimate interests of us or any other third party, or in any other manner that may tamper, disrupt, overload or otherwise damage the Site and/or the Services. You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company.
5. Indemnity
You shall indemnify, defend, and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless, and will keep them indemnified from and against any claim, loss, expense, liability, damage or demand—including reasonable attorney’s fees— relating to, arising from, or allegedly arising from your use of the Site and/or the Services in breach of the law, or a breach of these ToU or any other contractual obligation you have assumed vis-à-vis the Company.
6. Limitation of liability
We make our best efforts to ensure that the Site and/or the Services are available and fully functional. However, and to the maximum extent permitted under applicable law we do not warrant that the Site and/or the Services will always be available, undisrupted, and error-free. In particular but without limitation, we shall not be held liable in the event of:
-Technical errors preventing their regular use and caused by force majeure circumstances, acts of God, or otherwise;
-Maintenance works impacting the availability and access of the Site and/or the Services;
-Damages based on the contents of the Site and/or the Services;
-Wrongful use of the Site and/or the Services, or use contrary to the law, these ToU, or any other agreement between you and the Company;
-Unauthorized third party access to the Site and/or the Services;
-Conflicts that arise between you and other users of the Site; or
-Contents uploaded by you to the Site.
7. Intellectual property
All works, trademarks, software, or other contents and creations displayed or otherwise provided or made available by us are owned by the Company or have been licensed to us by their owner. Unless expressly granted by their corresponding rightsholders or by law, you do not have any use or ownership rights upon the above-mentioned contents and creations other than for the use of the Site and/or the Services under the terms and conditions described in these ToU. Therefore, and except when authorized in accordance with this section or these ToU, you may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.
8. Privacy and cookie policy
Your use of the Site and/or the Services may result in the collection and further processing of information, including information having a personal nature. We will inform you whenever said collection and processing takes place, and the processing shall be governed and subject to our Privacy Policy and Cookie Policy.
9. Links to third parties’ webpages
We are not liable for websites and contents provided by third parties and linked or embedded in the Site or the Services, either as advertisement banners or otherwise included in any of the contents. We shall have no obligation to review the contents of said webpages and the services or products that third parties may offered through them, and their existence does not imply that we support, promote, endorse, sponsor, guarantee, or recommend the linked websites, contents, services, or products. You acknowledge that terms and conditions may apply to the access and use of said services, products, and websites, and that you are responsible for reviewing and accepting them.
10. Amendments
We may update, delete, amend or modify the Services, the Site, and the information provided through them from time to time. Likewise, we may delete access to the Services or the Site from time to time, by providing prior reasonable notice.
11. Governing law and dispute resolution
The rights and obligations of the parties under these ToU shall be governed by Spanish law. This shall not prevent the application of those mandatory rights you are entitled to under your applicable law in the event that you are acting as a consumer.
Also, should you be acting as a consumer, you may also access to the European Union’s online dispute resolution webpage.
12. Miscellanea
The illegality, invalidity, nullity or unenforceability of any of the sections of these ToU will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.
If, at any time, we fail to respond to a breach of these ToU by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company.
These ToU are drafted both in plain and legal versions. In case of any discrepancies, the legal version included herein shall prevail and take precedence with respect to the plain version.