For clarity, no ownership rights to the Service are conveyed to you. QuickSync and its licensors retain all right, title and interest (including all intellectual property rights) in and to the Service, Aggregate Data, any and all related and underlying technology, and any derivative works, modifications or improvements to any of the foregoing created by or on behalf of QuickSync, including based on your Feedback (defined below). No rights are granted to you except as expressly set forth in these Terms.
The Service may include certain open source components that are subject to open source licenses (“Open Source Software”) subject to the applicable license terms which accompany such Open Source Software. Any fees charged in connection with the Service, do not apply to the Open Source Software. In particular, the extension/plugin code for Magento Merchants is licensed under the Open Software License 3.0 (OSL-3.0) http://opensource.org/licenses/OSL-3.0 and the extension/plugin code for WooCommerce Merchants is licensed under the GNU General Public License, version 2 https://www.gnu.org/licenses/old-licenses/gpl-2.0.
If you submit comments, questions, suggestions, use cases or other feedback relating to your use of the Service (“Feedback”), we may freely use or exploit such Feedback in connection with any of our products or services or those of our affiliates, without obligation or compensation to you.
You understand that any information relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, a phone number, an email address, an identification number, location data, an online identifier, or any other information specific to that natural person (“Personal Information”) that you provide us in using the Service may be transferred unencrypted and involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. If you provide your credit card information, such credit card information is always encrypted during transfer over networks. Any Personal Information you provide to us in using the Service will be treated in accordance with QuickSync's privacy policy. Any Personal Information you provide to a 3rd party platform will be treated in accordance with the applicable 3rd party platform terms.
You acknowledge and agree that if you provide any information, including Personal Information, of your end customers, you represent and warrant that you will comply with all applicable laws relating to the collection use and disclosure of such information with respect to the Services, including any disclosure of such Personal Information to a 3rd party platform.
You agree to pay QuickSync the applicable rates for the Service (as described in the pricing section) or otherwise agreed in writing (“Fees”). You agree that QuickSync may change the Fees for the Service at any time. All Fees under these Terms will be paid in USD, unless otherwise specified in-product, or unless otherwise agreed in a signed written document. 3rd party platforms may charge you fees for the use of their services, payment and collection of which will be governed by the 3rd party platform terms. For the avoidance of doubt, QuickSync is not responsible to pay for any of the fees / charges incurred by these platforms due to your use of our Service.
You must provide us with a valid payment method to pay for all incurred and recurring Fees. QuickSync will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and QuickSync will continue to charge the Authorized Payment Method for applicable Fees until the Service is terminated, and any and all outstanding Fees have been paid in full.
All Fees are stated exclusive of any applicable taxes, and you are required to pay and bear any sales, use, GST, value-added, withholding, or similar taxes or duties, whether domestic or foreign, related to these Terms, other than taxes based on the income of QuickSync (“Taxes”). To the extent that QuickSync charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to QuickSync of your exemption. If you are not charged Taxes by QuickSync, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
You will pay all amounts due under these Terms in full without any set-off, counterclaim, deduction or withholding. In the event any payment that you make under these Terms is subject to a deduction or withholding, you shall be responsible for making the appropriate payment to the appropriate taxing authorities and financially responsible for interest, penalties, fines, or similar liabilities resulting from your failure to timely remit such taxes to the proper governmental authority or agency.
We are not responsible for any tax associated with transactions between you and your customers, transactions conducted through the 3rd party platforms with which you engage or any transaction between you and any 3rd party platform.
Without affecting our other rights under these Terms, if you do not pay the Fees by the due date, then we may suspend all or part of the Services (including access to paid for services) until payment has been made in full.
QUICKSYNC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. QUICKSYNC IS NOT RESPONSIBLE FOR ANY SERVICES OR APPLICATIONS THAT YOU CHOOSE TO USE IN CONNECTION WITH THE SERVICE, INCLUDING ANY INTEGRATION WITH A 3RD PARTY PLATFORM. YOUR USE OF SUCH 3RD PART PLATFORM SERVICES OR APPLICATIONS IS SUBJECT TO SEPARATE TERMS AND POLICIES AND YOU ACKNOWLEDGE AND AGREE THAT ANY USE IS AT YOUR OWN RISK.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, QuickSync partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of: (i) your use of the Service; (ii) your Content; and/or (iii) your breach of these Terms and/or applicable laws.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, QUICKSYNC WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IN CONNECTION WITH THE SERVICE EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; AND
QUICKSYNC'S ENTIRE LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO QUICKSYNC DURING THE PRIOR TWELVE (12) MONTHS UNDER OR, IF NO FEES ARE PAID OR PAYABLE DURING SUCH PERIOD, ONE THOUSAND DOLLARS ($1,000).
These Terms will commence on the date on which you first access the Service and continue until terminated as permitted herein (the “Term”).
You may terminate these Terms at any time, for no reason or any reason, upon thirty (30) days’ advance notice to QuickSync. QuickSync may also terminate these Terms and/or its provision of the Service at any time, for no reason or any reason, effective immediately.
Upon any termination of these Terms: (a) you and your Users must immediately cease using the Service; (b) you will promptly pay QuickSync any unpaid fees incurred prior to termination; and (c) any other obligations or liabilities incurred prior to the termination of these Terms shall survive termination. Except as may be specified in these Terms, either party’s exercise of any remedy, including termination, is without prejudice to any other remedies it may have under these Terms, by law or otherwise.
Governing Law: These Terms shall be governed by and interpreted in accordance with the laws of the emirates of Dubai and the laws of United Arab Emirates applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Emirates of Dubai with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.
Independent Contractor: The parties are independent contractors. No agency, partnership, joint venture, or employment is created as a result of these Terms and neither party has authority to bind the other.
Subcontractors: QuickSync may use subcontractors and permit them to exercise QuickSync's rights under these Terms.
Third Party Websites: The Service may contain links to third-party platforms and websites. This does not imply our endorsement of any 3rd part platforms or website and we are not responsible for the actions, content, information, or data of third-party websites or actions or any link contained in them, or any changes or updates to them. 3rd party platforms / websites may provide their own terms and conditions of use and privacy policies that apply to you and your users and your use of such 3rd party platforms / websites is not governed by these Terms.
Severability: In the event that any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Waiver: The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Entire agreement: These Terms, including any terms, agreements, policies or other rules incorporated into these Terms, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements (including any prior versions of these Terms).
Assignment: These Terms will be binding upon and inure to the benefit of the parties to these Terms and to their respective heirs, successors, permitted assigns and legal representatives. QuickSync will be permitted to assign these Terms without notice to you or consent from you. You will have no right to assign or otherwise transfer these Terms, or any of your rights or obligations hereunder, to any third party without QuickSync's prior written consent, to be given or withheld in QuickSync's sole discretion
Fine Print
For more information about our terms of services, if you have questions, or if you would like to make a complaint, please contact us using the details provided below:
Email: support@quicksync.pro