Last updated: January 1, 2014 Effective as of: January 1, 2018
Welcome to qilo!
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE WEBSITE LOCATED AT WWW.qilotech.COM (THE "SITE") AND THE qilo Web APPLICATION PLATFORM SERVICES (COLLECTIVELY, THE “SERVICES”). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND qilo AND GOVERN YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, THE SERVICES OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. qilo MAY MAKE CHANGES TO THE CONTENT AND THE SERVICES OFFERED ON THIS SITE AT ANY TIME.
NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
General Use Restrictions
As part of the Services: (i) qilo provides certain templates as well as other various documents, manuals and information, help documentation, content, logos, graphics and images (together, the "Content"); and (ii) you may create or upload to your account your own content or third party content for which you have all necessary permissions (“User Content”). If you are the individual that initially creates a user account, you are the “Manager” for that user account. As the Manger, you may invite other users to collaborate with you using your account (“Members”). Managers can control what privileges are granted to each of its Members and may terminate any Member’s ability to use the Manager’s account at any time.
You acknowledge and agree that qilo may remove all or a part of any User Content from the Services in the event of a claim as described in the Section below titled “Copyright and Trademark Infringements.”
With respect to the qilo mobile application software and related documentation (collectively, the “Applications”), qilo grants you a limited, personal, non-exclusive and non-transferable license to download and use the Applications solely for your personal or internal business use. Except for the licenses set forth in the preceding sentences above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Applications in any manner. You shall not distribute the Applications in any manner to any third party. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Applications.
Depending on the account tier that you are registered for, there may be storage limits associated with your account.
The Content is made available to you by qilo and is the copyrighted and/or trademarked work of qilo or qilo's contributors. qilo grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Content and to use the Site and Services solely for your personal or internal business use.
Except for the limited use license above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content, the Site or the Services in any manner. You shall not distribute the Content or the Services in any manner to any third party.
If you have uploaded User Content on the Services, you retain all rights that you possess to your User Content. You grant to qilo, a non-exclusive, worldwide, perpetual license (except to the extent you have deleted your User Content) to host and make the User Content available on the Services in accordance with the access rights that you select. You grant to the Members who access your account, a non-exclusive, worldwide, perpetual license to use User Content for their personal or internal business use, in accordance with the levels of permission you set. qilo DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO ALL USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Only the Manger of an account, not Members, may elect to remove User Content from the Manger’s account on the Services. You agree to comply with the conditions and restrictions set forth in the Section titled “Your Responsibilities.”
Term and Termination
If you are not paying for your account, your rights to use the Services continue until terminated by qilo in our discretion. If you have paid for your account, your rights to use the Services continue for the period for which you have paid, except if these Terms are terminated or if qilo generally terminates the provision of the Services. If you violate these Terms, qilo may terminate and/or suspend your access to this Site and/or the Services without notice; except that if you are the Manager and have paid for the use of your account, qilo will provide you with notice of termination or suspension. If qilo generally terminates the provision of the Services and you have paid for a subscription to your account, qilo will provide you with a pro-rated refund of fees that you pre-paid in advance for the unused portion of the applicable subscription term. Upon any termination of these Terms, qilo may provide the Manager with the ability to request a download of the User Content for a period of 30 days following the date of termination. On any termination, you will be required to cease using the Site and the Services.
Registration and participation on the Site and the Services is restricted to: individuals over 18 years of age; emancipated minors; and users under age 18 who possess legal parental or guardian consent. In addition, those who wish to register and participate must meet the minimum requirements laid out in these Terms.
You may be given access to certain password protected areas of the Site and the Services. You are responsible for maintaining the confidentiality of your password, registration data and for any and all activity that occurs under your password. You agree to notify qilo immediately of any unauthorized use of your password or any other breach of security relating to the Site and the Services. You shall not, and shall not attempt to, access any data of another qilo customer if you are not an authorized user under the applicable account.
Payment and Electronic Communications
Paid subscriptions are payable in advance for the applicable subscription period that you select. If you purchase a paid subscription, you are expressly agreeing that qilo is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with qilo in connection with your purchase on this Site (“Charges”). The Charges will be billed to the credit card or PayPal account you provide in accordance with the billing terms in effect at the time the Charges are due and payable. If payment is not received or cannot be charged to your credit card or PayPal account for any reason in advance, qilo reserves the right to either suspend or terminate your access to your account and the Services offered through the Site and terminate these Terms. All purchases are non-cancellable and all charges are non-refundable.
By using the Site, you consent to receiving electronic communications from qilo. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with qilo and you receive them as part of your purchase. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
If you have purchased a paid subscription to the Services, your subscription will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period unless you have terminated your subscription prior to the next renewal period. You may terminate your subscription at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods but any subscription fees you have paid in advance will not be refunded.
You acknowledge and agree that qilo will automatically charge your credit card or Paypal account on record with qilo for the then-current subscription period upon the commencement of any renewal period.
Third Party Content
Certain information and other content appearing in advertisements or sponsorships on the Services may be the material of third party licensors and suppliers to qilo ("Third Party Content"). Third Party Content does not include User Content. The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your computer solely for your personal use or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. qilo DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites
This Site may be linked to other sites that are not qilo sites. qilo is providing these links to you only as a convenience, and qilo is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
Any text, feedback on the Services or other information that you submit, post or otherwise make available on the Site and the Services, such as comments and suggestions, are "Submissions." Submissions do not include or User Content that is offered on the Services or created on the Services.
You, and not qilo, have full responsibility for each such Submission you make, including its legality, accuracy, appropriateness, and trademark and copyright ownership. You agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Please note that, generally, Submissions will be accessible by other users on the Site. You agree that qilo is free to use a Submission on an unrestricted basis for any purpose and you grant qilo a sublicensable, non-exclusive, fully-paid and royalty-free, worldwide license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission.
You agree that qilo may incorporate Third Party Content on, in and/or around your Submissions and/or User Content. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO qilo, SUCH AS YOUR USER CONTENT. If you use software tools to import content from other sources on the Internet to create User Content, you agree that you have all necessary rights and permissions to use such content and to create the User Content using that third party content and that you will only submit and use User Content in any account that you register for or have access to in an manner that complies with all applicable laws and regulations. You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission and/or User Content that you make. You represent and warrant that: (i) you own all Submissions and/or User Content posted by you on or through this Services or otherwise have the right to grant the licenses to qilo set forth in this section, and (ii) the posting of your Submissions and/or User Content on or through this Services does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions and/or User Content posted by you to or through the Services. qilo shall have no obligation to pay you any fees or royalties for your Submissions and/or User Content.
When making Submissions and/or submitting User Content to or otherwise using the Site and/or the Services offered on the Site, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Submit anything that exploits children or minors or that depicts cruelty to animals.
- Submit any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require qilo to monitor, police or remove any Submissions and/or User Content or other information submitted by you or any other user. qilo reserves the right to (a) terminate ability to post to the Site and (b) refuse, delete or remove any Submissions and/or User Content, with or without cause and with or without notice, for any reason or no reason, or for any action that qilo determines is inappropriate or disruptive to the Site, the Services or any other Services offered on the Site or to any other user of the Site and/or the Services offered on the Site. qilo may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at qilo’s discretion, qilo will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
You understand that your interactions and dealings with other users of the Site are solely between you and such other user. qilo shall not be responsible for any loss or damage of any sort incurred as a result of any such interactions and/or dealings. qilo will have no obligation to become involved in any dispute arising out of your interactions and/or dealings with other users of the Site.
Unauthorized use of any User Content, the Services or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold qilo and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) qilo or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party based on your submitted User Content and/or that your use of the Services or Third Party Content or the use by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. qilo may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at qilo's discretion, qilo will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site, the Services or on the Internet.
qilo is a trademark of qilo technologies in India.
Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site and the Services, including documents, Services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of qilo, Copyright © 2015-2018 qilo, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Copyright and Trademark Infringements
qilo respects the intellectual property of others, and we ask you to do the same. qilo may, in appropriate circumstances and at our discretion, terminate access to the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on the Site, please provide qilo’s copyright agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit qilo to locate the material.
- Information reasonably sufficient to permit qilo to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
qilo’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
By mail: 7th Floor, Eco Towers, Noida, U.P 201301
By e mail: firstname.lastname@example.org
Please also note that for copyright infringements under relevent Section of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel to confirm these requirements):
- A physical or electronic signature of the user.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of District Court for the judicial district in which the address is located, or if the user’s address is outside of India, for any judicial district in which the Services provider may be found, and that the user will accept Services of process from the person who provided notification as set forth above or an agent of such person.
Such written notice should be sent to our designated agent as follows:
By mail: 7th Floor, Eco Towers, Noida, U.P 201301
By e mail: email@example.com
Disclaimer of Warranties
Your use of this Site and/or the Services is at your own risk. Neither the User Content, the Services or Third Party Content nor Submissions have been verified or authenticated in whole or in part by qilo, and they may include inaccuracies or typographical or other errors. qilo does not warrant the accuracy or timeliness of the User Content, Submissions or the Third Party Content contained on this Site. qilo has no liability for any errors or omissions in the User Content, Submissions and/or the Third Party Content, whether provided by qilo or our licensors.
qilo, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICESS, ANY MATERIALS, SUBMISSIONS, USER CONTENT, USER SITES, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, SUBMISSIONS, USER SITES, AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICESS, MATERIALS, SUBMISSIONS, USER CONTENT, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. qilo DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. qilo DOES NOT GUARANTEE ANY UPTIME OR AVAILABILITY OF THE SERVICES.
Limitation of Liability
qilo SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY OF THE MATERIALS, USER CONTENT, OR THIRD PARTY CONTENT TO OR FROM THIS SITE OR THE SERVICESS. IN NO EVENT SHALL qilo BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING
These Terms may be changed, modified, supplemented or updated by qilo from time to time. If qilo makes a material change to these Terms that will affect an existing paid subscription, qilo will notify you by sending an email at least thirty (30) days in advance of such change or posting a notice on your account page. If the change has a material adverse impact on you and you do not agree to the change, you must so notify qilo at firstname.lastname@example.org within thirty (30) days after receiving notice of the change. If you notify qilo as required, then you will remain governed by these Terms in effect immediately prior to the change until the end of your current subscription for the affected Services. If the affected purchased Services are renewed, it will be renewed under qilo’s then current Terms. For free, trial or beta Services, qilo will post a change notice on the Services and/or your account page and you will be bound by any changed, modified, supplemented or updated Terms if you choose to continue to use such free, trial or beta Services after such changes to the Terms are posted.