GENERAL TERMS OF USE OF QOTMII APPLICATIONS
Last update date: March 8, 2024
PLEASE READ THE GENERAL CONDITIONS BEFORE USING QOTMII APPLICATIONS
The following general conditions govern and apply to your use or recourse to the QOTMII applications maintained by QOTMII (the “applications”).
By accessing or browsing the QOTMII applications, you declare that you have read and understood the general terms of use and declare yourself bound by these conditions. Please note that we may modify the terms of use at any time and without notice. Your continued use of the QOTMII applications will be considered as your acceptance of the revised general conditions.
Definitions
- “Application” or “QOTMII Application” refers to the QOTMII Application(s) provided by QOTMII, downloadable by the User on their mobile device, and allowing the User to access Services.
- “User Account” or “Account” refers to the Account created by QOTMII for the User, so that they can access QOTMII Services.
- “Services” or “QOTMII Services” refers to all the Services provided by QOTMII to the User based on their registration / Subscription to the Application.
- “User” refers to the natural person benefiting from the Services and having accepted these T&Cs.
Description of Services AND GENERAL TERMS OF USE
The Application offers a series of digital reputation measurement indicators. Consulting the results and Access to the Application’s functionalities require that the User creates their Account.
As soon as the User has downloaded the Application and created their account, they can access the QOTMII indicators’ results.
By clicking on a personality, the User accesses the personality’s profile.
For the creation of their Account, the User must fill in the necessary mandatory fields. A confirmation email will be sent to the User for the activation of the Account.
The list of Services is indicative and not exhaustive and may evolve over time with the different versions of the Application without affecting the validity of these T&Cs.
To access the Services, the User must use:
- For iOS: a device with the iOS 12.2 operating system or higher
- For Android: a device with the Android 5.0 Lollipop operating system or higher
The User can access a FAQ detailing the operation mechanics of the Application. The User can consult the FAQ in the Application and on the QOTMII website at the following address: https://QOTMII.com/f-a-q/
The User can access the Privacy Policy available in the Application.
At no time and in no context whatsoever do our Qotmii applications represent a governmental entity, whatever and wherever it may be.
INTELLECTUAL PROPERTY
All intellectual property on the QOTMII applications is owned by us or our licensors and includes any element protected by copyright, trademark, or patent. All registered trademarks are owned, registered, and/or licensed by us. All content on the QOTMII applications including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features, and any other content, is a collective work under Canadian law or under any other copyright law and is the property of QOTMII. The elements appearing on these QOTMII applications may not be copied, reproduced, republished, downloaded, displayed, transmitted, distributed, or modified, in whole or in part, whether in textual, graphical, audio, video, or executable form, without our written permission.
All rights reserved.
USE OF COMPANY CONTENT
We may provide you with certain information as a result of your use of the site, including, but not limited to, documents, data, or other information developed by us, or any other element that might assist you in using the QOTMII applications or services (the “Company Content”). The Company Content may only be used for the purpose of using the QOTMII applications and the services offered on the applications. Nothing herein can be interpreted as granting you a license or intellectual property rights.
ACCEPTABLE USE OF THE SITE
You agree not to use the QOTMII applications for illegal purposes or any other purpose prohibited under this clause. You agree not to use the QOTMII applications in any way that could harm the applications, services, or commercial activity of QOTMII.
You also agree not to use the QOTMII applications for the following purposes:
a) to harass, abuse, or threaten others or otherwise violate any person’s rights; b) to violate the intellectual property of QOTMII or any other third party; c) to upload or transmit computer viruses or any other software that could damage the property of QOTMII or others; d) to commit fraud; e) to create or participate in illegal gambling, lottery, or pyramid schemes; f) to publish or distribute obscene or defamatory material; g) to publish or distribute any material that incites violence, hatred, or discrimination against any group; and/or h) to unlawfully collect information about others.
PRIVACY PROTECTION
By using our applications, you may provide us with certain information. By using the applications, you authorize us to use your information in Canada and in any country where we may operate.
When you sign up to receive information about QOTMII product launches, you provide us with a valid email address and you might also provide us with additional information, such as your name. Depending on your use of our applications, we may also receive information from external applications you use to access our QOTMII applications or we may receive information about you through various web technologies such as cookies, histories, web beacons (also called “invisible GIFs”), and others.
We use the information collected from you to ensure that you have a good experience on the applications. We may also track some of the passive information received to improve our marketing and analytics and, to do this, we may work with third-party providers.
REVERSE ENGINEERING AND SECURITY
You may not undertake any of the following actions:
a) use reverse engineering or disassemble any code or software from or of the QOTMII applications; b) violate or attempt to violate the security of the QOTMII applications through any unauthorized access, bypassing encryption or any other security tool, data exploitation, or interference with any host, user, or network.
DATA LOSS
We are not responsible for the security of your user account or the content of your account. The use of the QOTMII applications is at your own risk.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless QOTMII and its affiliated companies against any claim, suit, or demand, including attorney’s fees, that could arise from or relate to your use or misuse of the QOTMII applications, your violation of these terms, or your conduct and actions. If we choose to do so, we will choose our attorney and participate in our own defense.
SPAM POLICY
You are strictly prohibited from using the QOTMII applications or any service offered on the QOTMII applications for illegal spam-related activities, including collecting addresses and personal information of others or sending commercial mass emails.
LINKS AND THIRD-PARTY CONTENT
We may post links to third-party sites or services. We are not in any way responsible for damages or losses related to the use of third-party services linked on our applications.
INDEPENDENCE OF CLAUSES
If any of these clauses is recognized as illegal, declared null or unenforceable, in whole or in part, the unenforceable portion will not affect the validity and enforceability of the other clauses of these terms of use.
SERVICE INTERRUPTIONS
We may have to interrupt your access to the QOTMII applications to perform maintenance or unplanned emergency work. You agree that your access to the QOTMII applications may be affected by unplanned or unanticipated unavailability, for whatever reason, and that we will in no case be held responsible for damages or losses arising from this unavailability.
TERMINATION
We may suspend, limit, or terminate your use of the QOTMII applications at our sole discretion, at any time, without notice and for any reason, including the operation or efficiency of the QOTMII applications or equipment or network owned by us or by a third party that is disrupted by your use or misuse of the QOTMII applications or if you have been or are currently in violation of the terms herein. We will have no liability to third parties, including a third-party provider for any suspension, limit, or termination of your access to the site.
NO WARRANTY
Although we have made reasonable efforts to ensure that the content of these QOTMII applications is accurate, we cannot guarantee that said content is free of errors, up to date, or exhaustive. In no case can we be held responsible for any damage that may arise from an error on the applications.
We assume no responsibility for any damage resulting from the misuse of the site’s content. We also cannot guarantee that the QOTMII applications are available without interruption, without errors or omissions, nor that defects will be corrected. It is also not possible to guarantee that the QOTMII applications and the servers that make it available are free of viruses or harmful components. The QOTMII applications and its content are provided “as is” and “as available” without representation, warranty, or condition of any kind, express or implied.
If you decide to subscribe to services or features of the QOTMII applications that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process and to ensure its accuracy by making the necessary updates as soon as possible. You agree to ensure the confidentiality of all passwords or other account identifiers that you have chosen or that are assigned to you at the time of registration or subscription on QOTMII or its partners and to assume responsibility for all activities related to the use of these passwords or these accounts. Moreover, you agree to notify us of any unauthorized use of your password or member account. We cannot in any way be held responsible, directly or indirectly, for losses or damages of any kind resulting from the failure to comply with this provision or related to such a failure.
You acknowledge that we may, at our sole and absolute discretion, and without notice, suspend, cancel or terminate your account, your use or access to the QOTMII applications or any of its services, and remove and delete any information or content relating to the QOTMII applications or any of the services offered (and terminate your use thereof), for any reason, including if we believe that you have violated these conditions. Furthermore, you acknowledge that we will not be liable to you or to anyone as a result of such suspension, cancellation, or termination. If you are dissatisfied with QOTMII or any of its services, or any of these conditions, rules, policies, guidelines, or our practices in operating QOTMII or any of its services, your sole remedy is to stop using the QOTMII applications or the service in question.
PRIVACY
In addition to these general conditions, the QOTMII applications have a privacy policy that describes how personal information is handled when you visit the site, as well as how cookies are used.
For more information, please see our Privacy Policy below
By browsing the site, you declare that you have also taken notice of the aforementioned privacy policy.
LIMITATION OF LIABILITY
We are in no way responsible for damages you may suffer arising from your use of the applications, to the fullest extent of the law. The maximum liability of QOTMII arising from your use of the QOTMII applications is limited to ten (10) Canadian dollars or the amount paid to QOTMII in the last six months, retaining the higher amount. This is valid for any claim including, without limitation, loss of profits or revenue, indirect or punitive damages, negligence, civil liability, or fraud of any kind.
QUESTIONS AND ADDITIONAL INFORMATION
LEGAL NOTICE
QOTMII is a range of mobile applications offered by QOTMII Technologies Inc, a legal entity duly incorporated under the Canada Business Corporations Act, with its head office at 12 montée du Boisé, Stoneham (QC) G3C 0J1 Canada.
For any questions or to obtain more information, please contact us at the following address: info@QOTMII.com
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