Terms of Service
Terms of Service - Global
This agreement constitutes a legal understanding between you (or the entity you represent, referred to as "you" or "your") and the relevant Zexicon Technologies Pvt Ltd (referred to as "Qtrainers") that governs your utilization of the Qtrainers suite of online business productivity and collaboration software.
Parts of this Agreement
This agreement comprises the general terms and conditions (referred to as the "General Terms") and, if applicable, specific terms and conditions for the use of individual services (referred to as the "Particular Service Terms"). If there is a conflict between the General Terms and the Particular Service Terms, the latter will take precedence.
Acceptance of the Agreement
To accept this agreement, you need to be of legal age to enter into a binding contract. If you disagree with the General Terms, refrain from using any of our Services. If you agree to the General Terms but not to any Service Specific Terms, avoid using the associated Service. You can indicate your acceptance of the Agreement by checking a checkbox, clicking on a button, or actively using the Services.
Description of Service
We offer cloud-based software and applications tailored for both personal and business use, inclusive of offline and mobile applications collectively referred to as the "Service" or "Services." These services can be utilized for personal, business, or internal organizational purposes. Access to the Services is available through any Internet browser supported by the platform. You are accountable for securing Internet access and the necessary equipment. With your user account, you have the ability to create, edit, publish, and share content as desired.
Beta Service
Certain services may be introduced as closed or open beta services ("Beta Service" or “Beta Services”) for testing and evaluation purposes. You acknowledge that we hold exclusive authority to determine the testing period for Beta Services and decide whether to offer them as commercial services. Subscribing to a Beta Service does not obligate you to acquire a subscription to any paid Service. We retain the right to fully or partially discontinue any Beta Service at our discretion, with or without notice. Qtrainers will not be held liable to you or any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any Beta Service for any reason.
Free Trial
If you sign up for a free trial of one or more Services, Qtrainers will provide you with access to the relevant Services on a trial basis at no cost until the earlier of (i) the conclusion of the free trial period for the applicable Services (unless terminated earlier by you), (ii) the commencement of the paid subscription period for the relevant Services, or (iii) termination by Qtrainers at its sole discretion. Any data input into the Services and customizations made during the free trial will be permanently lost unless you (i) subscribe to the corresponding paid plan, (ii) acquire relevant Service upgrades, or (iii) export the data before the trial period expires. Despite anything in this section, Services are provided as-is during the free trial, without any warranty, covenant, support, or liability, to the extent permitted by law.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and (ii) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Qtrainers has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Qtrainers may terminate your user account and refuse current or future use of any or all of the Services.
Restrictions on Use
In addition to the other stipulations in this Agreement, you are prohibited from: (i) transferring the Services to any third party or making them accessible to others; (ii) offering services based on the Services without prior written permission; (iii) sharing or permitting user licenses to be used by more than one individual, except through proper reassignment to a new user; (iv) attempting to disassemble, reverse engineer, or decompile the Services, except as allowed by applicable law; (v) using third-party links to sites without agreeing to their terms and conditions; (vi) posting links to third-party sites or using their logo, company name, etc., without prior written permission; (vii) attempting unauthorized access to the Services, its related systems, or network; (viii) using the Services in a way that could damage, disable, overburden, impair, or harm any server, network, or computer system of Qtrainers; (ix) using the Services to send or store material containing harmful computer codes, files, scripts, or programs; (x) disrupting the integrity, security, or performance of the Services; (xi) creating a false identity to mislead others; (xii) hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing information that belongs to another person or entity without the right or consent; (xiii) transmitting false information with the intent to mislead or harass for financial gain or to cause harm; (xiv) violating any applicable laws; (xv) using the Services for competitive or benchmarking purposes; and (xvi) removing or obscuring any proprietary or other notices contained in the Services.
Spamming and Illegal Activities
You are solely responsible for the content you transmit through the Services and must not use them for unlawful purposes. This includes transmitting material that is illegal, defamatory, harassing, invasive of privacy, abusive, threatening, vulgar, harmful, pornographic, obscene, or otherwise objectionable. The prohibition extends to content that offends religious sentiments, promotes racism, contains viruses, or infringes on intellectual property or other rights. Additionally, using the Services for activities like "junk mail," "spam," "chain letters," “phishing,” or unsolicited mass email distribution is strictly prohibited. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe you have engaged in any such illegal or unauthorized activities.
External Software
Qtrainers Services seamlessly integrate with various external software (referred to as "External Software"). Accessing and using this External Software may necessitate your acceptance of the terms of service and privacy policies associated with it (referred to as "Terms of External Applications"). It is your responsibility to thoroughly read and comprehend the Terms of External Applications before engaging with any External Software. You explicitly acknowledge and agree that Qtrainers bears no liability for any External Software. While we strive to provide advance notice whenever feasible, you also recognize and agree that Qtrainers, at any time and at our sole discretion and without prior notice, may suspend, restrict, or disable access to or remove from Qtrainers Services any External Software, with no liability to you, including, but not limited to, potential loss of profits, revenue, data, goodwill, or other intangible assets.
Fees and Payments
The Services are offered through subscription plans with various durations, and payments for plans lasting less than a year can only be made via Credit Card. Your subscription will automatically renew at the end of each period unless you downgrade to a free plan or notify us of your decision not to renew. Upon automatic renewal, the subscription fee will be charged to the Credit Card last used by you. You have the option to update payment details for renewal.
To avoid renewal, you must inform us at least seven days before the renewal date. Failure to downgrade to a free plan or notify us of your non-renewal will be presumed as authorization for Qtrainers to charge the subscription fee to the Credit Card last used by you.
Periodically, we may adjust the price of any Service or introduce charges for currently free Services. Such changes will only apply after the expiration of your ongoing billing cycle. You will not be charged for any Service unless you have opted for a paid subscription plan.
In case Taxes such as GST, VAT, sales tax, or similar levies are applicable to your subscription under local, state, provincial, or foreign laws, Qtrainers will invoice you for these Taxes. You agree to pay Qtrainers these Taxes in addition to the subscription fees. Qtrainers will provide you with an invoice in the format mandated by applicable laws, facilitating your eligibility for the applicable input tax credit on the Taxes paid.
Organization Accounts and Administrators
Upon registering an account for your organization, you can designate one or more administrators who will be empowered to configure the Services according to your needs and oversee end users within your organization account. If a third party creates and configures your organization account on your behalf, it is likely that this third party assumes the role of administrator for your organization. It is crucial to establish a suitable agreement with such a third party, outlining their roles and limitations as administrators of your organization account.
Your responsibilities include (i) maintaining the confidentiality of your organization account password, (ii) appointing competent individuals as administrators to manage your organization account, and (iii) ensuring that all activities related to your organization account align with this Agreement. Qtrainers does not take on the responsibility for account administration and internal management of the Services on your behalf.
You must take necessary measures to prevent your organization from losing control of the administrator accounts. If needed, you can specify a recovery process for regaining control in the event of administrator account loss by emailing support@qtrainers.com, ensuring the process aligns with Qtrainers' standards. In the absence of a specified recovery process, Qtrainers may grant control of an administrator account to an individual who can provide satisfactory proof of authorization to act on behalf of the organization. You agree not to hold Qtrainers liable for any consequences resulting from actions taken in good faith by Qtrainers in this regard.
Personal Information and Privacy
The personal information you provide to Qtrainers through the Service is subject to the Qtrainers Privacy Policy. By choosing to use the Service, you indicate your acceptance of the terms outlined in the Qtrainers Privacy Policy. It is your responsibility to maintain the confidentiality of your username, password, and other sensitive information. Any activities that take place in your user account are your responsibility, and you commit to promptly notifying us via email at support@qtrainers.com in case of any unauthorized use of your user account. Qtrainers is not liable for any loss or damage incurred by you or any third party due to unauthorized access and/or use of your user account or any related incidents.
Communications from Qtrainers
The Service may incorporate various communications from Qtrainers, including service announcements, administrative messages, and newsletters. You acknowledge that these communications are integral to using the Services. In adherence to our privacy policy, we offer you the choice to opt out of receiving newsletters. Nevertheless, opting out from service announcements and administrative messages is not available.
Complaints
In the event that we receive a complaint regarding your activities in using the Services, we will relay the complaint to the primary email address associated with your user account. It is your responsibility to directly address the complainant within 10 days of receiving the forwarded complaint, ensuring to copy Qtrainers in your response. Failure to respond within the specified timeframe may result in the disclosure of your name and contact information to the complainant, allowing them to pursue legal action against you. Non-response within the 10-day limit will be interpreted as your consent for Qtrainers to disclose your information to the complainant.
Inactive User Accounts Policy
We retain the right to terminate unpaid user accounts that remain inactive for a continuous 120-day period. Upon such termination, all data associated with the user account in question will be permanently deleted. Prior notice and an option to back up your data will be provided before implementing such termination. This data deletion policy may be applied to any or all of the Services, with each Service being treated independently for calculating inactivity duration. It's important to note that activity in one Service alone is insufficient to maintain the active status of your user account in another Service. For accounts with multiple users, as long as at least one user remains active, the account will not be deemed inactive.
Data Ownership
We recognize and uphold your ownership rights over the content you create or store. The content you create or store is exclusively yours. Your utilization of the Services, unless expressly authorized by you, does not confer upon Qtrainers the license to use, reproduce, adapt, modify, publish, or distribute your content for commercial, marketing, or similar purposes. However, you do grant Qtrainers permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform the content in your user account. This permission is solely for the purpose of delivering the Services to you.
Hosting Location
The location of the cloud facility serving you is determined by the mapping of your region/country to available cloud facilities during your sign-up. If there are updates to this mapping, we might migrate your account or request you to do so. During sign-up, it's important not to mask your IP address, as your region/country is identified based on it. If, at any point, your actual region/country differs from our records, Qtrainers may take actions such as migrating your account to the correct facility, requiring you to do so, or, in extreme cases, closing your account. If served from a cloud facility outside your region/country with a Qtrainers group entity office in your area, we may store a local copy of your data there alongside the assigned cloud facility.
User Generated Content
You have the freedom to transmit or publish content you've created through the Services. However, be aware that you bear full responsibility for such content and its repercussions upon transmission or publication. Publicly shared content becomes accessible on the internet and may be indexed by search engines, so exercise caution to avoid unintentionally sharing private content. Content from other users is provided "AS IS" for your personal use, and you must not exploit it without explicit written consent from the content owner. If you encounter content with copyright notices or copy protection features, refrain from removing them. By sharing copyrighted content, you confirm having obtained the necessary consent, authorization, or permission. Qtrainers reserves the right to block or remove content if complaints arise regarding its legality or infringement of third-party rights. Through your use of the Services, you explicitly agree to Qtrainers' designated agent making determinations on questions of illegality or infringement related to your content.
Sample files and Applications
Qtrainers may offer sample files and applications to illustrate how the Services can be effectively utilized for specific purposes. It's important to note that the information in these samples is randomly generated, and Qtrainers does not provide any guarantees, whether explicit or implicit, regarding the accuracy, utility, completeness, or reliability of this information or the sample files and applications.
Trademark
The trademarks of Zexicon Technologies Private Limited, including 'Qtrainers,' the Qtrainers logo, the names of specific Services, and their respective logos, are protected intellectual property. You are not authorized to showcase or utilize Qtrainers trademarks in any way without prior permission from Qtrainers.
Disclaimer of Warranties
Your exclusive understanding is crucial here: employing the Services is a personal choice, and it comes with inherent risks. The Services are provided as-is and subject to availability. Qtrainers explicitly disclaims all types of warranties, whether explicitly mentioned or implied, encompassing but not confined to merchantability and fitness for a specific purpose. Qtrainers cannot guarantee uninterrupted, punctual, secure, or error-free Services. Any material you download or acquire while using the Services is at your own discretion and risk, and you bear full responsibility for any harm to your computer system, mobile device, or data resulting from such use. Be mindful that any advice or information, whether oral or written, obtained from Qtrainers, its employees, or representatives, does not establish any warranty beyond what's expressly stated in the Agreement.
Limitation of Liability
By accepting this, you acknowledge that Qtrainers holds no responsibility for any consequential, incidental, indirect, special, punitive, or similar loss or damage, including but not limited to business profits, interruption, computer failure, or loss of business information, resulting from your use or inability to use the Service. Even if Qtrainers was aware of the potential damage, it's absolved of liability. Qtrainers' liability for any Service, whether direct or indirect, will not exceed one thousand dollars ($1000) or the fees paid by you in the twelve (12) months preceding the initial event leading to such liability, whichever is higher.
Indemnification
You commit to indemnifying and absolving Qtrainers, along with its officers, directors, employees, suppliers, and affiliates, from any losses, damages, fines, and expenses, including attorney's fees and costs. This indemnity applies to claims arising from or connected to your use of the Services, whether in violation of another party's rights, any law, any provisions of the Agreement, or any other claims, excluding instances where such use is explicitly authorized by Qtrainers.
Governing Law and Jurisdiction
The applicable governing law and jurisdiction in the event of any dispute or lawsuit arising from or in connection with this Agreement will be determined by your billing address if you are a paid customer and by your state or country of domicile in all other cases. Both parties agree to abide by the governing law (regardless of choice or conflicts of law rules) and submit exclusively to the jurisdiction of the courts in case of any dispute or lawsuit related to this Agreement.
Suspension and Termination
We may suspend your user account or temporarily disable access to all or part of any Service if there is suspicion of illegal activity, prolonged inactivity, or requests from law enforcement or other government agencies. Any objections to the suspension or disabling of user accounts should be directed to support@qtrainers.com within thirty days of receiving the suspension notice. After thirty days, we may terminate a suspended or disabled user account. If you request it, we will also terminate your user account.
Furthermore, we retain the right to terminate your user account and deny Services if there is a reasonable belief that you have violated the Agreement. Access to any Beta Service may also be terminated due to unexpected technical issues or discontinuation of the Beta Service. You have the option to terminate your user account if Qtrainers breaches its obligations under this Agreement, and in such cases, you are entitled to a prorated refund of any prepaid fees. The termination of a user account involves the denial of access to all Services, the removal of information such as your email address and password, and the deletion of all data in your user account.
Modification of Terms of Service
We reserve the right to modify this Agreement with notice to you, either through a service announcement or by sending an email to your primary email address. If there are significant changes that impact your rights, you will receive at least 30 days' advance notice via email to your primary email address. If the modifications substantially affect your rights in connection with the use of the Services, you can terminate your use of the Services by notifying Qtrainers by email within 30 days of being informed about the modified Agreement. Upon such termination, you will be entitled to a prorated refund of the unused portion of any prepaid fees. Continued use of the Service after the effective date of any changes to the Agreement will be considered your agreement to the modified terms.
End Of Terms of Service
If you have any questions or concerns regarding this Agreement, please contact us at support@qtrainers.com.
Terms of Service - India
The Agreement establishes the terms between you ("You" or "Your") and Zexicon Technologies Pvt Ltd ("Qtrainers") for using Qtrainers' online business productivity and collaboration software in India. For users outside India, the Global Terms of Service apply. The Agreement consists of "General Terms" and, if applicable, "Specific Terms." In case of conflict, Specific Terms prevail.
Parts of this Agreement
This Agreement is comprised of the "General Terms" and, if applicable, the terms specific to the use of individual Services referred to as the "Specific Terms." In case of any conflict between the General Terms and the Specific Terms, the latter shall take precedence.
Acceptance of the Agreement
To accept, you must be of legal age. Refrain from use if General Terms are disagreeable. If the General Terms are not agreeable to you, refrain from using any of our Services. If you accept the General Terms but disagree with any Specific Terms, avoid using the associated Service. Acceptance methods include checking a checkbox, clicking a button, or actively using the Services.
Description of Service
Qtrainers provides cloud-based software for personal and business use, including corresponding offline and mobile applications ("Service" or "Services"). Your usage may extend to personal, business, or internal organizational purposes. Access to the Services is facilitated through any Internet browser supported by the platform. It is your responsibility to secure Internet access and procure the required equipment for utilizing the Services. With your user account, you have the capability to generate and modify content, and if you opt to, you can publish and share said content.
Beta Service
Beta Services may be offered for testing. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Qtrainers will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Free Trial
Free trials are available with conditions, Qtrainers will grant you access to the relevant Services on a trial basis at no cost until the earliest of (i) the conclusion of the free trial period for the specified Services (unless terminated earlier by you), (ii) the commencement of the paid subscription period for the corresponding Services, or (iii) termination by Qtrainers at its sole discretion. Any data inputted into the Services and customizations made during the free trial will be permanently deleted unless you (i) opt for the corresponding paid subscription plan, (ii) acquire relevant Service upgrades, or (iii) export the data before the trial period concludes. It's essential to note that, notwithstanding the content of this section, Services are provided as-is during the free trial, without any warranty, covenant, support, or liability, to the extent permitted by law.
User Sign up Obligations
User account registration is required. You agree to provide accurate information. If you're representing an organization and intend to use the Services for internal corporate purposes, it's advisable for you and other users from your organization to sign up using corporate contact details, preferably corporate email addresses. You commit to: (i) furnish truthful, accurate, current, and complete information during the sign-up process; and (ii) regularly update the provided information to ensure its accuracy and completeness. If the information provided is found to be untrue, inaccurate, outdated, or incomplete, or if Qtrainers reasonably suspects such discrepancies, your user account may be terminated, and access to any or all of the Services may be denied.
Restrictions on Use
In addition to the other stipulations in this Agreement, you are prohibited from: (i) transferring the Services to any third party or making it available to them; (ii) offering any service based on the Services without obtaining prior written permission; (iii) sharing or using user licenses for more than one individual, except through the prescribed reassignment procedures; (iv) attempting to disassemble, reverse engineer, or decompile the Services, unless expressly permitted by applicable law; (v) using third-party links without agreeing to their terms and conditions; (vi) posting links to third-party sites or using their logo, company name, etc., without their prior written permission; (vii) trying to gain unauthorized access to the Services or its related systems or network; (viii) using the Services in a manner that could damage, disable, overburden, impair, or harm any server, network, computer system, or resource of Qtrainers; (ix) using the Services to send or store material containing harmful computer codes, viruses, worms, or other malicious elements; (x) utilizing the Services in a way that interferes with or disrupts the integrity, security, or performance of the Services, its components, and the data contained therein; (xi) hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing information that belongs to another person or entity without the right to do so; (xii) violating any applicable local, state, national, or international law; (xiii) using the Services for competitive or benchmarking purposes; and (xiv) removing or obscuring any proprietary or other notices within the Services; (xv) employing our Services in a manner that jeopardizes India's unity, integrity, defense, security, or sovereignty, or its international relations; (xvi) creating a false identity to mislead any person about the origin of communication; (xvii) transmitting patently false and untrue information with the intent to mislead or harass; or (xviii) engaging in activities prohibited by law in India.
Spamming and Illegal Activities
You acknowledge and assume complete responsibility for the content you transmit through the Services. You pledge not to utilize the Services for unlawful purposes or the transmission of material that is illegal, defamatory, demeaning, harassing, libelous, intrudes on another's privacy (including physical privacy), abusive, threatening, harmful, vulgar, pornographic, exploitative of minors, harmful to children, obscene, racially or ethnically objectionable, or otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or infringes or may infringe on intellectual property or other rights of another. You also agree not to use the Services for the transmission of "junk mail," "spam," "network marketing schemes," "phishing," or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have employed the Services for any illegal or unauthorized activity.
Third Party Applications
Qtrainers Services seamlessly integrate with various external applications (hereinafter referred to as "External Applications"). Utilizing these applications may necessitate your acceptance of the terms of service and privacy policies applicable to such External Applications (hereinafter referred to as "External Terms"). It is your responsibility to thoroughly read and comprehend the External Terms before accessing or using any External Application. You acknowledge and agree that Qtrainers is not responsible for any External Applications. While we strive to provide advance notice whenever possible, you acknowledge and agree that Qtrainers may, at any time and in our sole discretion, and without any notice to you, suspend, restrict, or disable access to or remove from Qtrainers Services any External Application, without any liability to you, including, but not limited to, any loss of profits, revenue, data, goodwill, or other intangible losses.
Fees and Payments
The Services are offered through various subscription plans with varying durations. Payments for subscription plans lasting less than a year can only be made via Credit Card. Your subscription will automatically renew at the end of each period unless you downgrade to a free plan or notify us of your intention not to renew. During automatic renewal, the subscription fee will be charged to the last-used Credit Card. You have the option to update payment details if you prefer using a different Credit Card for renewal. To avoid renewal, inform us at least seven days before the renewal date. If you haven't downgraded to a free plan and haven't expressed your decision not to renew, it will be assumed that you authorize Qtrainers to charge the subscription fee to the last-used Credit Card. Refer here for our Refund Policy.
Periodically, we may adjust the price of any Service or introduce charges for Services currently offered free of charge. Any fee increase will take effect at the end of your ongoing billing cycle. You will not incur charges for using any Service unless you have opted for a paid subscription plan.
If Qtrainers is required to levy any applicable taxes (such as GST, VAT, sales tax, etc.) in accordance with local, state, provincial, or foreign laws related to your Services subscription ("Taxes"), we will invoice you for these Taxes. You agree to pay Qtrainers the specified Taxes in addition to the subscription fees. Qtrainers will provide you with an invoice adhering to the format prescribed by relevant local, state, provincial, or foreign laws, facilitating your access to applicable input tax credit for the Taxes paid.
Business Accounts and Administrators
When you register an account for your organization, you can designate one or more administrators. These administrators will be granted the authority to customize the Services according to your needs and oversee end users within your organization account. If a third party creates and configures your organization account on your behalf, it's likely that this third party assumes the role of administrator for your organization. Ensure that you establish a suitable agreement with such a third party, outlining their roles and restrictions as administrators of your organization account.
It is your responsibility to (i) maintain the confidentiality of your organization account password, (ii) appoint capable individuals as administrators to manage your organization account, and (iii) ensure that all activities related to your organization account comply with this Agreement. Please note that Qtrainers is not accountable for the administration and internal management of the Services on your behalf.
You are also responsible for taking necessary measures to prevent the loss of control over administrator accounts within your organization. You can specify a recovery process for regaining control in case of such a loss by sending an email to support@qtrainers.com, provided that the process is acceptable to Qtrainers. In the absence of a specified administrator account recovery process, Qtrainers may grant control of an administrator account to an individual who can provide satisfactory proof of authorization to act on behalf of the organization. You agree not to hold Qtrainers liable for any consequences resulting from actions taken in good faith by Qtrainers in this regard.
Personal Information and Privacy
The personal information you provide to Qtrainers via the Service is governed by Qtrainers' Privacy Policy. Your decision to use the Service implies your acceptance of the terms outlined in the Qtrainers Privacy Policy. It is your responsibility to maintain the confidentiality of your username, password, and other sensitive information. All activities within your user account are your responsibility, and you agree to promptly notify us via email at accounts@qtrainers.com of any unauthorized use of your user account. We are not liable for any loss or damage incurred by you or any third party due to unauthorized access and/or use of your account or otherwise.
Communications from Qtrainers
The Service may incorporate various communications from Qtrainers, including service announcements, administrative messages, and newsletters. These communications are integral to your use of the Services. In line with our commitment to ensuring your complete privacy, we offer you the choice to opt out of receiving newsletters. It's important to note that opting out doesn't apply to service announcements and administrative messages, which you will continue to receive.
Complaints
If we receive a complaint about your activities in connection with the use of the Services (excluding cases covered by the grievance redressal mechanism under "Grievance Redressal"), we will send the complaint to the primary email address of your user account. It is your responsibility to directly respond to the complainant within 10 days of receiving the forwarded complaint, and you should include Qtrainers in the communication. Failure to respond within the specified 10-day period may lead us to disclose your name and contact information to the complainant, allowing them to pursue legal action against you. Non-response within the given timeframe will be considered as your agreement to Qtrainers disclosing your details to the complainant.
Grievance Redressal
In the event of any grievance, as per the definition outlined in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, you can reach out by sending an email to support@qtrainers.com.
Inactive User Accounts Policy
We retain the right to close unpaid user accounts that remain inactive for a consecutive period of 120 days. If such termination occurs, all data linked to the user account will be permanently erased. A prior notice of termination will be provided, along with an option to back up your data. The data deletion policy may apply to any or all of the Services. Each Service is treated independently for calculating inactivity, meaning activity in one Service does not suffice to maintain the activity status of your user account in another Service. For accounts with multiple users, as long as at least one user remains active, the account will not be deemed inactive.
Hosting Location
The location of the cloud facility providing your service is determined by the mapping of your region/country to the available cloud facilities at the time of your sign-up. In the event of updates to the region/country to cloud facility mapping, we may either migrate your account or request you to migrate it to a different cloud facility. It's important not to mask your internet protocol (IP) address during sign-up, as your region/country is determined based on it. If, at any point, your actual region/country differs from the one in our records, Qtrainers may take appropriate action, such as migrating your account to the corresponding cloud facility, or closing your account and denying the Service to you. If you are served from a cloud facility outside your region/country and a Qtrainers group entity has an office in your region/country, we may store a local copy of the data in your region/country, in addition to the data stored in the assigned cloud facility.
Data Ownership
We recognize your ownership rights over the content you create or store. You retain ownership of such content. Your utilization of the Services, unless expressly allowed by you, does not confer upon Qtrainers the license to use, reproduce, adapt, modify, publish, or distribute your created or stored content for commercial, marketing, or similar purposes. However, you do grant Qtrainers permission to access, copy, distribute, store, transmit, reformat, publicly display, and perform the content in your user account. This permission is solely for the purpose of delivering the Services to you.
User Generated Content
You have the liberty to transmit or publish content created by you through any of the Services. However, you bear sole responsibility for such content and its repercussions upon transmission or publication. If you fall under the category of a publisher of news and current affairs content, as defined by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, you are obligated to furnish necessary details to the Ministry of Information and Broadcasting as per rule 18. Publicly shared content becomes accessible through the internet and may be indexed by search engines. It's your responsibility to ensure that private content isn't accidentally exposed publicly.
Any content received from other Services users is provided to you AS IS for your information and personal use only. You agree not to exploit, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise use such content for any purpose without the express written consent of the content rights owner. If you encounter content with copyright notices or copy protection features during Service use, you agree not to remove or disable them. By making copyrighted/copyrightable content available on the Services, you affirm that you have the necessary consent, authorization, or permission from every relevant rights holder. Additionally, you expressly agree that Qtrainers has the right to block access to or remove such content if complaints arise regarding illegality or infringement of third-party rights. Your use of the Services and the transmission or publication of any content implies your explicit consent to have questions of illegality or infringement of third-party rights in such content determined by the agent designated by Qtrainers for this purpose.
Sample files and Applications
Qtrainers might offer sample files and applications to showcase the potential effective use of the Services for specific purposes. The content within these sample files and applications is comprised of random data. Qtrainers does not provide any warranty, whether express or implied, regarding the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications.
Trademark
The trademarks of Qtrainers, including Qtrainers, Qtrainers logo, the names of individual Services, and their respective logos, are the intellectual property of Qtrainers Corporation Private Limited. You are prohibited from displaying or using the Qtrainers trademarks in any manner without the prior permission of Qtrainers.
Disclaimer of Warranties
You explicitly comprehend and agree that your utilization of the Services is solely at your own risk. The Services are provided on an as-is and as-available basis. Qtrainers explicitly disclaims all types of warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Qtrainers does not guarantee that the Services will be uninterrupted, timely, secure, or error-free. The use of any material downloaded or obtained through the use of the Services is at your discretion and risk, and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device, or data resulting from the use of the Services or the download of any such material. No advice or information, whether written or oral, obtained by you from Qtrainers, its employees, or representatives shall create any warranty not expressly stated in the Agreement.
Limitation of Liability
You agree that Qtrainers shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever, including loss of business profits, business interruption, computer failure, loss of business information, or any other loss arising out of or caused by your use of or inability to use the service, even if Qtrainers has been advised of the possibility of such damage. In no event shall Qtrainers entire liability to you for any service, whether direct or indirect, exceed fifty thousand rupees (₹50,000) or the fees paid by you during the twelve (12) months prior to the first event giving rise to such liability, whichever is higher.
Indemnification
You agree to indemnify and hold harmless Qtrainers, its officers, directors, employees, suppliers, and affiliates from any losses, damages, fines, and expenses (including attorney's fees and costs) arising out of or related to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violation of any provisions of the Agreement, or any other claim related to your use of the Services, except where such use is authorized by Qtrainers.
Governing law and Jurisdiction
Any dispute or claim arising out of or related to the Terms shall be exclusively settled and adjudicated by the courts of Chennai in accordance with the laws of India, without regard to conflict of law principles.
Suspension and Termination
We may suspend your user account or temporarily disable access to a whole or part of any Service in case of suspected illegal activity, prolonged periods of inactivity, or requests by law enforcement or other government agencies. Objections to the suspension or disabling of user accounts should be sent to support@qtrainers.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account upon your request.
Furthermore, we reserve the right to terminate your user account and deny the Services if there is a reasonable belief that you have violated the Agreement. We may also terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Qtrainers breaches its obligations under this Agreement, and in such an event, you will be entitled to a prorated refund of any prepaid fees. Termination of the user account will include the denial of access to all Services, deletion of information in your user account such as your email address and password, and deletion of all data in your user account.
Modification of Terms of Service
We reserve the right to modify this Agreement, and we will notify you of any changes through a service announcement or by sending an email to your primary email address. If the modifications significantly impact your rights, you will receive at least 30 days' advance notice of the changes via email to your primary email address. If the modified Agreement substantially affects your rights in connection with the use of the Services, you may terminate your use of the Services by providing notice to Qtrainers via email within 30 days of being notified of the modified Agreement. Upon such termination, you will be entitled to a prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be considered your agreement to the modified Agreement.
End Of Terms of Service
If you have specific questions or concerns about the details outlined in this Agreement, don't hesitate to get in touch with us at support@qtrainers.com.