Service Terms and Conditions.

Plain Version
Note: You're reading the plain English version, which is not legally binding. Scroll down and read "Legal Version" to read wording we apply legally.

These terms and conditions tell you what we expect of you when you use our service, and what you can expect from us. It was last updated on June 15th, 2019.

Confused? Got questions? Send us an email at support@qiip.io or fill out this qiip and we’ll get in Terms of Usech with you.

What’s the deal with these terms and conditions?
This the legal agreement between us when it comes to using our website and service. If you use qiip, you agree to these terms. Don’t agree with the terms? Don’t use qiip.

What’s qiip?
We’re a US company based in Florida with offices in Spain, Mexico and Colombia.

And what can I do with you?
Create work order requests and manage the whole maintenance process in an easy and simple way.

Can anyone use qiip?
You need to be at least 16 years old. If you’re between 14 and 16, you can use qiip if you’re with a parent or legal guardian.

How do I create an account?
You can create an account via our. Make sure the info you provide is accurate and up-to-date—and the account is for you and your maintenance team.

What sort of plans do you have?
The basic (free) plan lets you use all our basic features.

The PROS (paids) plan lets you collaborate with your team, and unlocks the most powerful features for brands.

Tell me about third parties
Sometimes we use other service providers (aka third parties). We’re not liable for anything they do. Third parties are also obligated to follow regulations.

You might decide to bring your own third party to the party, for example if you use webhooks or external providers. What they do is beyond our control and we’re not liable for any of it. Using them could mean data from your qiip account gets transferred elsewhere. Our advice? Read their own policies carefully so you understand exactly how they use your data and how they will provide their services.

What can I not do?
You can’t:

Share your account with anyone else. Please secure your login details. If you think someone else has your login details, contact us straight away at support@qiip.io It’s so you’re not then held responsible for anything shady that happens in your account.
Access qiip using anything other than our login page.
Mess with our security measures. Or those implemented by third parties.
Mess with areas of our site, product, or systems that aren’t open to the public.
Process any data considered ‘sensitive’ under data protection laws.
Use metatags or other hidden text on our website or service.
Trick people with fake elements on our website or service.
Use any element of our website or service—including our name, trademark, logo, layout and design—without written consent.
Mess with the content on our website by uploading new content, creating new links, etc. That includes the use of automated scripts, spiders, robots, crawlers, data mining tools, or anything similar.
Reverse engineer or tamper with our software.
Interfere with someone else’s access to qiip. Stuff like sending a virus, overloading, flooding, spamming, and mail-bombing. Not cool.
Reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial reason any part of the service (including your own qiip account).
Impersonate or misrepresent yourself.
Stalk or harass anyone else.
Share or use offensive or pornographic content.
Do stuff like vulnerability scanning, load testing, penetration tests, or bypassing our security measures.
Use services that monitor the availability, performance, and functionality of qiip for benchmarking or anything else.
Send spam, ads, email, junk, chain letters, or any other annoying things like that.
I saw someone else’s brand on your site. What’s up with that?
We sometimes use info, graphics, text, images, qiips etc. given to us by our users. You should only interact with them for the purposes of using qiip. Responsibility lies with the creator. Their reuse might be subject to terms and conditions. Best avoid republishing them without permission.

What do I need to keep up-to-date?
Your account information and your payment details.

Let’s talk cash
You’ll find everything related to payment in the payment terms and conditions.

What if I want to cancel or delete my account?
If you’re on the basic plan, the account will stay active until you delete it via the account settings.

If you’re on a PRO plan, they automatically renew monthly or annually (depending on how you decided to pay). You can cancel the renewal via the account settings. If you cancel, the subscription you already paid for will continue until the end of the month/year.

You can delete your account any time via the account settings. You might lose data if you decide to do this.

Can qiip delete my account?
We have the right to suspend or delete your account if you breach these terms and conditions. We’ll aim to give you 15 days notice, but we may delete it sooner if you break the law. You might lose data if your account gets deleted.

I’d like to know about warranties.
We do our best, but can’t guarantee that our service will work perfectly all the time. You agree to use the service at your own risk.

Is qiip liable for bad stuff happening?
To the maximum extent permitted by law, we’re not liable for any damages related to you using qiip. If we’re found liable under the law, it’s for a maximum amount of 12 months’ worth of fees.

Anything about indemnity in dem terms and conditions?
You agree to pay for any claim or demand (including attorneys’ fees) from any third party that comes as a result of:

You violating these terms when you use the service.
You breaking the law or suppressing the rights of someone else when you use the service.
Any chance you’ll change these terms and conditions?
Yes, we may do from time to time. We’ll let you know in good time if we do. If you don’t agree to do the changes, please stop using qiip. By continuing to use qiip, you agree to the updated terms and conditions.

How do I get in Terms of Use?
By postal mail:
qiip Support Service
The Singular Factory Group LLC
125 NE 26th Street, Miami, FL 33137 (United States of America)

By email:
support@qiip.io

How are my rights protected?
Everything we do is governed by US law.

The United Nations Convention on Contracts for the International Sale of Goods won’t apply.

If you live in a different country, US’s laws still apply. But the law in your own country could come into effect as well.

Legal Version
Terms and conditions applicable to the use of the Services

Effective Date: June 15, 2019.

The platform accessible through the www.qiip.io domain name (the “Site”) is provided by The Singular Factory Group LLC (hereinafter referred to as “us”, “we” or the “Company”), a US entity incorporated in Florida. You may contact us by sending an email to support@qiip.io

1. General
These Service Terms and Conditions (“Service Terms and Conditions”) govern the use of the services offered by us, consisting in a simple maintenance process management, storage and related information management, and any other services as may be offered by us from time to time (the “Services”). Terms of Use are included into this Service Terms and Conditions by reference.

In order to be able to use the Services, you will need to create an Account (as this term is further described in section 2.a below) and comply with other requirements set forth in these Service Terms and Conditions. Please note that the Account also enables you to use the functionalities aimed at interacting with the product and services accessible through the Site. Should you decide to use those functionalities.

2. Access to the Services
a. Eligible individuals
Services are offered to individuals and companies, either conducting business activities on their own or acting as consumers. For purposes of these Service Terms and Conditions, ‘consumer’ shall be interpreted as any individual or company using the Services for a purpose other than to conduct a business or commercial activity.

The Services are only addressed to individuals being sixteen (16) years of age or older. By filling out the registration forms and requesting into our Services, you warrant and represent that you have that legal age.

b. Account creation
In order to access the Services, you will need to register and create a personal and non-transferable account in the Site (the “Account”). To this end, you must provide true, current, complete, and accurate information, as requested during the registration process, that refers to you. You cannot sign up or otherwise create an account with us on behalf of a third party. We offer three different types of plans, each one having different functionalities and features, as top-level described below:

Basic (free) Account: the basic features of the Services, with restricted data collection and users
Pros Account: a comprehensive solution lets you collaborate with your team adding users, and unlocks features like planned work orders.
Services definition may vary from time to time and further and more detailed information on the current features and functionalities of the Service is provided during the signup process.

Account ownership is based on the data provided when signing up and, to this end, it is important as mentioned above that all information you have submitted is true, accurate, current, and complete. Note that when you are providing your information and accepting these Service Terms and Conditions, you are entering into an agreement with us which described which are the obligations we have with regards to each other. If you have problems accessing or logging in into the Services, please contact us.

c. Provision of the Services
Once an Account has been successfully created, Services will be available and ready to use. Note, however, that Pro Accounts are subject to prior payment of the corresponding fees, so access to and use of functionalities and Services under said Accounts is subject to said payment requirements.

This section does not preclude your rights as a consumer under section 7 below—if you are using the Services as a consumer, you are entitled to cancel and withdraw from these Service Terms and Conditions and the Services under the terms and conditions detailed in that section.

d. Services and third parties service providers
To ensure you are provided with high-quality Services, from time to time we may rely on third party service providers. You understand that those providers act beyond our reasonable control and that we shall not be held liable for any damages caused by an action or omission attributable to them.

Also, you may decide to use third parties to process the information you may collect through the Services (e.g. by using webhooks or hiring their maintenance services). In all those cases, you acknowledge and agree that those third parties are beyond our reasonable control, and that we will not be liable for any damages arising from the use of said information or service by those third parties, or in the event that you decide to transfer information or to hire services to those third parties. We recommend that you carefully review any terms and conditions governing the use of those third parties’ services before you start using their services. Note that the use of said services may result in the transmission of any kind of information (either confidential or having a personal nature, among others) outside our platform, and third parties not related to the Company may subsequently be gaining access to, modifying, or even deleting said information.

3. Your obligations
a. Account security and credentials
Accounts are to be used by you, and it is strictly forbidden to share or allow others to use it. You must keep credentials for your Account secured at all times. It is strictly forbidden to share said sets of data with any third parties, or to write them down for recovery purposes. Should you suspect that your Account or your credentials have been or are being used by a third party, or have been compromised, you must contact us immediately at support@qiip.io Otherwise, we may attribute all use of your Account to you, and you agree to be responsible for all activities that occur under your Account.

b. Use of your Account and Services
You must use your Account and the Services complying with law and public order. In particular but without limitation, you shall not:

Access the Site, Accounts and/or the Services by any means other than through interfaces provided by us and as otherwise expressly authorized under these Service Terms and Conditions.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise tamper the security measures, usage rules or other protection measures implemented by us, our service providers or any third parties to protect the Site, the Accounts or the Services, as well as the restricted features or functionalities available for given categories of Accounts other than the one you are holding, or to attempt to do any of those actions.
Access, tamper with, or use non-public areas of the Service or the Site, the computer systems of the Company, or the technical delivery systems of our providers.
Process data considered as ‘sensitive’ under European data protection laws as well as those relating to payment details can only be done as long as you have obtained our prior written approval.
Use any metatags or other hidden text or metadata in the Site or Services, as well as forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
Use, display, mirror, or frame the Site or Services, any individual element within the Site or Service, the layout and design of any portion of the Service or the Site, or the intellectual property rights and other proprietary rights of the Company.
Attempt to access or search the Services or Site, or scrap or download content from the Services or Site, or otherwise use, upload content to, or create new links, reposts, or referrals in the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers or search engines.
Reverse engineer, decompile or disassemble software used in connection with qiip, Site or Services.
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or the Site.
Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Site or the Services, or your access to or use of the Site or Services.
Impersonate or misrepresent your affiliation with any person or entity, as well as stalk or harass other users or third parties, or share or use offensive or pornographic materials.
Activities such as vulnerability scanning, load testing, penetration tests or bypassing our security measures in any intended way are strictly prohibited to be carried out on our platform without our previous written approval.
Use the Services and, in particular, the functionalities aimed at ensuring interaction of the Services and our product to monitor the availability, performance or functionality of our Services or the Site, or for benchmarking or other competitive purposes.
Send any unsolicited or unauthorized electronic commercial communications, chain letters, or other form of non-authorized solicitation.
Otherwise, use the Account, Site or Services in a manner contrary to the rights and legitimate interests of the Company or any other third party, or in any other manner that may tamper, disrupt, overload, or otherwise damage the Site or the Services.
c. Materials available in the Services or the Site
The Site and the Services may include information, graphics, text, images, and other materials uploaded by other Users of your Account, Account holders or third parties. Said materials are solely for your use in connection with the Site and Services, and their legality, accuracy, and completeness are the sole responsibility of the party that have uploaded them to or provided as part of the Site or the Services. Use of the materials may be subject to specific terms and conditions or license terms, and you are responsible to obtain any required licenses or authorizations, and to comply with any licenses or terms and conditions applicable to them.

d. Your contents
We do not claim ownership on the contents you may upload or otherwise use in connection with the Site or Services. However, to ensure we can provide you with the Services or access to the Site, you grant us a worldwide, royalty-free, transferable, sublicensable, non-exclusive, perpetual, irrevocable license under all your intellectual property rights to use, reproduce, distribute, communicate and public perform or display (including, among others, the rights to broadcast and transmit), transform and modify, and/or adapt your contents in connection with the operation of the Site and/or the Services. You represent and warrant that you have the rights necessary to grant the license hereunder, and that your contents do not infringe the law or third party rights or interests.

Please note that by submitting content (photos or videos) into the Service, said contents are made publicly available to third parties. Please evaluate whether you want to share said content under those conditions before submitting them as part of the Services.

e. Third parties’ intellectual property & other proprietary rights
Without prejudice to section 3.b above, you accept not to upload into the Services or the Site, or post, email, transmit, share, or otherwise use, in conjunction with, or related in any manner with the Services or the Site, content for which you do not possess the prior authorization of their titleholders. We are not responsible for said content nor the actions you may take with respect to the content, and you shall not use third party content unless you have first obtained the permission of its owner.

By way of example, you shall not use photographs, music, text, graphics, information, trademarks, trade names, or other content protected under intellectual property rights that are not yours, except when the corresponding owner has expressly given its approval. It is strictly forbidden to use the Services to circumvent the rights of any titleholder upon its intellectual property or other exclusive rights, such as, for instance, providing through the Services links to P2P platforms including infringing materials.

Notwithstanding section 11 below, we may delete at any time any content that breaches this section, without prior notice and accepting no liability for any such deletion.

f. Review of your contents
You acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud, or when unlawful content is reported to us, we may be required by third parties to review certain content submitted by you to determine whether it is illegal or whether it breaches these Service Terms and Conditions. We may at our sole discretion modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Service Terms and Conditions. However, you acknowledge that we have no obligation to monitor or review any content submitted by you.

g. Account information
You undertake to submit true, accurate, current, and complete information for the Account creation, and to notify us from time to time so as to keep said information current and accurate. In particular, when providing details on payment methods used for paying any fees associated with our provision of the Services to you, to make sure that said method is valid and can be used by you.

h. Collaboration with us
You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company in connection with the use of the Site, your Account, or the Services.

4. Fees and payments
Payment for the Services shall be subject to the Payment Terms and Conditions, which are included in these Service Terms and Conditions by reference.

5. Term
The term for our Services provided to you under a Basic Account shall commence upon creation of an Account with us and shall remain in force indefinitely unless terminated by you. Pro Accounts are subject to a particular term, as selected by you when signing up for said Services, and shall automatically renew on monthly or annual periods, depending on the term contracted, unless you, at any time, decide to cancel the renewal of your Account. In any such cases, except if you decide to cancel your entire Account, the subscription you have paid for (i.e. the Pro Account, as the case may be) will run for the entire contracted term, and your Account will be downgraded, as the case may be, to a Basic Free Account or a Pro Account.

As mentioned above, you may terminate your Account at any time, and we reserve the right to terminate your Account under the conditions set forth in section 6 below. These Service Terms and Conditions apply as long as you have an Account through our Site, regardless of the type of Account you held at each moment.

This section shall not prevent the rights you have as a consumer in connection with the cancellation of, or withdrawal from, your Account. For further information please refer to section 7 below.

6. Suspension and termination of the Account
a. Termination or suspension by the Company
We are entitled to suspend your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account, as well as when you fail to comply with these Service Terms and Conditions or other mandatory provisions by law. Upon occurrence of any of these, we will contact you and request you to remedy your breach of these Service Terms and Conditions.

We are entitled to terminate your Account in the event you fail to redress any Service Terms and Conditions breach in the non-extendable term of fifteen (15) calendar days from notification date. Additionally, your Account may be terminated in the event you substantially breach these Service Terms and Conditions, including without limitation any case in which the Account is used to commit fraud (e.g. to carry out phishing attacks) or willfully addressed to breach the law. Account termination may result in data loss.

Finally, we may terminate your Account should you oppose the appointment of any sub-processor, as further detailed in our Privacy Policy.

b. Termination by you
You may terminate your Account at any time by using the account termination option. If you terminate your Account you may still be able to access the Site, but you will not have access to the Services, features and content that are available to Account holders. Please note that this may result in data loss.

7. Cancellation of your subscription - withdrawal right
The Services are available upon completion of the signup process and creation of your Account (except for those functionalities subject to any of the subscription plans provided by us). By creating your Account and expressly requesting the Services, you waive to your withdrawal right, if applicable.

8. Disclaimer of warranties and damages
To the maximum extent permitted by applicable law, the Site and the Services are provided “as is”, “with all faults” and “as available” and the entire risk of use and performance remains with you. The Company and its suppliers do not make any representations, warranties, or conditions, express, or implied, or statutory, and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, or non-infringement and does not make any warranty or claim that the Services will be available or provided on an uninterrupted, timely, or secure basis; will be accurate, complete, reliable, or function properly; meet your requirements; be error-free or free from viruses, worms, or other harmful or malicious components. You may have additional rights under your local laws that these Service Terms and Conditions cannot change and, in any such cases, the Company’s liability is limited in accordance with and to the extent permissible under said local laws.

9. Limitation of liability
To the maximum extent permitted by applicable law, in no event will the Company be liable for any consequential, incidental, exemplary, punitive, or special damages, including any damages to or for loss of data or privacy, revenue, profits, or property (including buildings, wiring, fixtures, devices, computers, peripherals, and animals) or for injury or death, arising from or relating to these Service Terms and Conditions, your Account, or the Services.

Subject to sections 8 and 9 above, Company’s maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these terms, your Account, the Services, or the Site will not exceed a total maximum amount equivalent to fees paid to the Company in the last twelve (12) months preceding the date in which the damage took place.

The limitation of liability set forth in this section shall only apply to the maximum extent permitted by law. In particular, it shall not be applicable in the event of gross negligence or willful misconduct, or—subject to you using the Services as a consumer—injury or death.

10. 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 (a) your use of the Site or the Services, and activities occurring under your Account; (b) any violation of these Service Terms and Conditions; or (c) your violation of any other party’s rights or applicable law. The Company reserves the right to assume, at your sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

11. Amendments to the Service Terms and Conditions
We may modify these Service Terms and Conditions from time to time. We will provide you with reasonable prior written notice of any change. If you do not agree to any amendments to the Service Terms and Conditions, you shall (as your sole remedy) stop using the Site and the Services. By continuing to use the Services or the Site, you are providing your agreement to be bound by the updated terms of the Service Terms and Conditions.

12. Miscellanea
The illegality, invalidity, nullity, or unenforceability of any of the sections of these Service Terms and Conditions 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 Service Terms and Conditions 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 Service Terms and Conditions constitute the entire agreement between you and the Company with respect to your Account and the Services. Both you and the Company, warrant to each other that, in entering these Service Terms and Conditions, neither the Company nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Service Terms and Conditions.

The rights and obligations set forth in these Service Terms and Conditions (or, otherwise, of the Account) cannot be assigned to any third party without the prior written consent of the Company.

These Service Terms and Conditions 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.

13. Support
You can contact us in case you have any doubts, comments or concerns by any of the following means:

By postal mail: qiip Support service
The Singular Factory Group LLC
125 NE 26th Street, Miami, FL 33137 (United States of America)

By email:
support@qiip.io

14. Applicable law and jurisdiction
a. General
These Service Terms and Conditions shall be governed and construed in accordance with US law.

b. Consumers
If you are acting as a consumer, these Service Terms and Conditions shall be governed and construed in accordance with US law, but this shall not prevent the application of those mandatory rights you are entitled to under your applicable law.