Terms of Service
Last Updated Sep. 5, 2023
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This "Terms of Service Agreement" (the "Agreement") governs User usage of QueryStar's service, encompassing the digital products and cloud-based automation technology services provided by us, referred to collectively as our "Services."
1. Use Policy
A. Account Registration and Eligibility: To access and utilize the Services, users must first complete the account registration process. By registering for an account, User agree to provide accurate, up-to-date, and complete account information. By creating an account on the Service, User represent and warrant that User have the legal capacity to enter into a binding contract in accordance with the laws of User jurisdiction, including any age requirements. User must be of sufficient age as per the laws of User country of residence to use our service.
B. QueryStar open source SDK License: The QueryStar open source SDK License ("SDK"), which is governed by the Apache-2.0 license. The License provides, inter alia, the following key provisions: (i) the right to use, modify, distribute, and sublicense the SDK's source code and any modifications made thereto; (ii) the requirement to include proper attribution and copyright notices in any derivative works; (iii) the absence of warranties and liability limitations, wherein the SDK is provided "as-is" without any express or implied warranties, and any liability arising from its use is disclaimed; and (iv) a clear indication that the License does not grant any trademark rights. Users of the SDK are urged to review the License in its entirety to understand their rights and obligations fully.
C. QueryStar Cloud-base Service License: This Agreement establishes that the Service provider maintains absolute ownership of all rights, titles, and interests pertaining to the QueryStar cloud-based services and any subsequent modifications thereof. Within the confines of the Subscription Term, the Service provider extends to the Users a worldwide, non-exclusive, revocable, and restricted license to access and employ the Services, subject to specific conditions stipulated herein. It is hereby established that the Users shall bear full responsibility for any breaches of the terms and conditions.
D. Software and Upgrades: Some components of the Services involve downloadable software for User devices. User consent to automatic upgrades of this software, with these terms applying to all upgrades.
E. Compliance with Laws; Restrictions: Users of the Services are expressly limited to employing their QueryStar accounts and the Services solely for legitimate purposes, in strict accordance with the terms and documentation provided by QueryStar. Under no circumstances shall any user engage in the misuse or infringement of the Services, its associated rights, or privileges, including but not limited to actions such as selling, sublicensing, reverse engineering, decompiling, modifying, conducting vulnerability tests, or utilizing the Service for the development of a competitive product. Moreover, users are entirely accountable for the content, timing, and dissemination of any communications conducted through the Service, and are obligated to ensure that such communications comply with all relevant laws and regulations in effect. Additionally, users are required to adhere to the export controls enforced by the United States, confirm that they are not residing in any restricted countries, and refrain from employing the Service in contravention of U.S. export laws and their associated regulations.
F. Use of Beta Release: The Service provider acknowledges that it may, at its discretion, grant Users access to beta releases of its products or services ("Beta Releases") for evaluation purposes, and users hereby assume all associated risks related to such access. Users are encouraged to provide feedback, suggestions, bug reports, and any other relevant information during the beta testing period ("Feedback"), and it is understood that all Feedback shall be deemed Confidential Information. Provider explicitly disclaims any liability for any issues, including but not limited to data loss, system failures, or other damages, arising from the use of Beta Releases. Users expressly acknowledge and agree that Beta Releases are provided "as is," without any explicit or implied warranty, representation, or indemnification, and their use is solely at their own risk.
2. Terms of Payment
A. Fees Certain Service features may be subject to applicable fees as determined by the Service provider. It is expressly understood that any services offered as part of a free trial shall be provided without any warranties, either express or implied. Furthermore, it is the responsibility of the user to be aware that subscription services will automatically renew unless explicitly canceled by the subscriber. The renewal of such services is contingent upon their availability at the time of renewal and the prevailing fees for said Service as determined by the provider.
B. Taxes Users shall assume full responsibility for the calculation, reporting, and remittance of any and all taxes, whether federal, state, local, or otherwise, arising from their use of the Services provided herein. The fees set forth in this agreement are exclusive of any taxes, levies, or duties imposed by any governmental authority, and users shall be solely responsible for the payment of any such taxes, levies, or duties assessed in connection with the services provided. Furthermore, in the event that we are required by applicable law to collect and remit taxes on behalf of users, we reserve the right to invoice users for such taxes, and users shall promptly remit payment for said invoiced taxes in accordance with the applicable legal obligations.
C. Payment: Payment obligations under this Agreement commence upon the completion of the paid Service account registration process, commensurate with the selected billing cycle. Any alterations to the subscribed plans or requests for cancellation shall be executed in accordance with the prescribed procedural guidelines set forth herein. Notably, it is expressly stipulated that mere communication through electronic mail, telephone inquiries, or third-party affirmations shall not be considered valid methods for effecting cancellations. Furthermore, it is crucial to acknowledge that the act of downgrading services may potentially entail the forfeiture of certain associated features and functionalities as delineated in the terms and conditions governing this Agreement.
D. Termination: Both the user and the Service provider retain the right to terminate accounts or services, subject to the terms herein. The Service provider reserves the unilateral right to terminate accounts or services at any time and for any reason, providing notice to the user. In the event of termination without cause, prorated refunds shall be issued, whereas no refunds shall be granted for terminations resulting from policy violations. Furthermore, inactive accounts persisting for a continuous period of 12 months may be subject to deletion. It is understood that certain provisions shall survive termination, including payment obligations, confidentiality obligations, warranty disclaimers, and limitations of liability, ensuring the continued enforceability of these essential terms beyond account or service cessation.
3. User Data and Usage Data
A. User Data and Ownership: The User hereby retains all rights and interests in and to any and all documents, messages, images, files, data, and any other information transmitted through the platform, including content sourced from third-party services, that traverses the Service. In accordance with the act of transmitting User Content via the Service, Users hereby grant the Service Provider a worldwide, non-exclusive, limited-term license for the sole purpose of accessing, utilizing, processing, copying, storing, distributing, performing, transmitting, exporting, and displaying the Customer Content, solely for the purpose of rendering services to the User. Notwithstanding the aforementioned licenses thus conferred, it is expressly acknowledged that the Service Provider shall not possess any rights, title, or interest whatsoever in or to any User's data.
4. Privacy, Security and Data Protection.
B. Data Protection Laws: To the extent that Service Provider processes any Personal Information (as defined in the DPA) included within User Data, as per the Data Protection Legislation (as defined in the DPA), the DPA will apply to such processing. To the extent that Service Provider processes any personal data subject to the European Union General Data Protection Regulations ("GDPR"), User is the data exporter, and Service Provider is the data importer.
C. Security: Service Provider has implemented and maintained data security protections that align with industry standards. These measures include relevant physical, technical, and administrative precautions crafted to safeguard Service and Customer Data against unauthorized access, destruction, alteration, use, or disclosure.
Service Provider has also maintained security incident management policies and procedures that are both necessary and reasonable to analyze and resolve the source of any data breach. Should there be any accidental or unlawful destruction, loss, modification, unauthorized disclosure of, or access to, Customer Data ("Data Breach"), Service Provider will notify the Customer promptly without undue delay after establishing awareness of such a Data Breach. Subsequently, Service Provider will take corrective action in accordance with its security incident management policies and procedures to identify and remediate the cause of such a Data Breach.
5. Service Warranty
A. Service Warranty: During the Subscription Term, Service Provider hereby represents and warrants that its Service shall operate in conformity with the documentation in all material respects. In the event of any breach of this warranty, Service Provider shall diligently rectify such non-conformity within a period not exceeding thirty (30) days following the receipt of written notice from the client. In the event that rectification is commercially unfeasible, the client shall have the option to terminate the order and shall be entitled to a refund for any prepaid fees remaining unused. Service Provider further represents and warrants that it possesses all requisite titles and licenses necessary for the provision of the platform and that the use of said platform shall not infringe upon the intellectual property rights of any third party. Remedies for any breaches of these warranties shall include indemnification. Moreover, Service Provider warrants to paying Users that the services rendered during the Subscription Term shall be substantially consistent with the description provided in the Documentation under normal usage conditions. Should there be any breach of this warranty, Service Provider shall either reperform the deficient service or, if reperformance is not feasible, refund a prorated portion of the prepayment. Written notice of any deficiency in warranty must be submitted within ten (10) days from the receipt of the deficient service.
B. Disclaimers: SERVICE PROVIDER HEREBY DECLARES THAT ALL SERVICES RENDERED SHALL STRICTLY ADHERE TO AN "AS IS" AND "AS AVAILABLE" BASIS, MAINTAINING A COMMITMENT TO TRANSPARENCY AND HONESTY. SERVICE PROVIDER MAKES NO GUARANTEE WHATSOEVER REGARDING THE COMPLETENESS, SUITABILITY FOR SPECIFIC PURPOSES, RELIABILITY, USEFULNESS, OR ACCURACY OF SAID SERVICES, THEREBY AUTHENTICALLY MANAGING USERS' EXPECTATIONS. SERVICE PROVIDER SHALL NOT ASSUME LIABILITY FOR ANY LOSSES OR DAMAGES INCURRED AS A CONSEQUENCE OF UTILIZING OR RELYING UPON ITS SERVICES, FIRMLY ESTABLISHING A DISTINCT BOUNDARY OF RESPONSIBILITY. WHILE SERVICE PROVIDER SHALL STRIVE TO ENSURE UNINTERRUPTED AND ERROR-FREE SERVICE, IT SHALL NOT WARRANT ABSOLUTE FAULTLESSNESS, THUS ENSURING A REALISTIC SERVICE QUALITY STANDARD. SERVICE PROVIDER SHALL NOT ASSUME RESPONSIBILITY FOR ISSUES ARISING FROM USER ACTIONS, THIRD-PARTY APPLICATIONS, OR SERVICES, CONSEQUENTLY AVOIDING UNDUE LIABILITIES. SERVICE PROVIDER SHALL NEITHER PROVIDE NOR IMPLY ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS PLATFORM AND SERVICES, EFFECTIVELY LIMITING LIABILITY. THIS DEMARCATION OF RISKS AND RESPONSIBILITIES SHALL FACILITATE CLEAR UNDERSTANDING BETWEEN SERVICE PROVIDER AND ITS USERS, AND SERVICE PROVIDER SHALL NOT PURPORT TO MEET USERS' SPECIFIC REQUIREMENTS, THEREBY EFFECTIVELY MANAGING USERS' SERVICE EXPECTATIONS. ADDITIONALLY, SERVICE PROVIDER HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR RESULTS, AND FITNESS FOR A PARTICULAR PURPOSE, THEREBY MITIGATING POTENTIAL LEGAL COMPLICATIONS.
6. LIMITATION OF LIABILITY
REGARDLESS OF THE REASON (NEGLIGENCE, SYSTEM FAILURE, ETC.), PARTIES IN THE CONTRACT AND THEIR AFFILIATES CANNOT BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR DAMAGES RESULTING IN FINANCIAL LOSSES OF ANY KIND UNLESS FORBIDDEN BY LAW. THE LIABILITIES OF THE PARTIES INVOLVED WILL NOT SURPASS THE TOTAL AMOUNTS PAID IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, REGARDLESS OF THE NATURE OF THE CLAIM (CONTRACTUAL, NEGLIGENCE, OR OTHER). UNLESS LEGALLY PROHIBITED OR WITH EXCEPTION OF SPECIFIED CLAIMS AND RESPONSIBILITIES OF INDEMNIFICATION, NEITHER PARTY IS ACCOUNTABLE FOR INDIRECT, CONSEQUENTIAL, OR STATUTORY DAMAGES, OR ANY DAMAGES THAT EXCEED THE FEES PAID IN THE CURRENT PLAN TERM, IRRESPECTIVE OF THE LEGAL THEORY BEHIND THESE DAMAGE CLAIMS (BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE).