IQTELL - Terms and Conditions
Version Date: April 24, 2014
Acceptance of Terms
Changes to Terms
We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
Description of Service
IQTELL is an application for helping you to manage and organize your daily agenda to get things done in a most productive manner. This includes integration and processing of email; task and project management; calendars, contacts, notes, purchases, your travel arrangements and much more (the “Service” and/or “Software”). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. IQTELL disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. IQTELL also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
When you create or update your IQTELL account you must provide accurate information. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to consider such information as untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Service.
Your IQTELL account grants you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to IQTELL with a third-party service, you do grant us permission to access and use your information from that service as permitted by that service, as well as store your log-in credentials for that service. The information from any such other third-party service will be used solely for the purpose of the Service provided to you. You may never use another user’s account without permission.
“Your Content” defines any content you post or upload using the Service, as well any messages or content you post online, publish or include in your correspondence with third parties with direct or indirect relation to IQTELL. You retain ownership of your Content, but there are many things that users may do with your Content, for example, copy it, modify it, re-share it, or broadcast it. IQTELL has no responsibility for that activity. You understand that publishing your Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Please consider carefully what you choose to share.
You agree that Your Content shall not: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions; or (ix) disparages, damages IQTELL, its owners, its employees, its affiliates, its users or any way harms its reputation.
You retain full ownership to your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such Content in connection with providing the Service to you and other users in accordance with your settings on the Service. In connection with providing the Service, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of IQTELL, its users and the public.
Our business model is to make the Service so valuable that our users will opt to pay for one of the premium Service plans. Learn More. On your every purchase from IQTELL, you affirm that you will be responsible for such charges, even if you decide to cancel or terminate your membership. Refund Policy.
Participating to Win a Lifetime Free Premium Account
IQTELL is conducting an ongoing campaign to increase its user base by encouraging existing satisfied users to tell their friends, family members and colleagues at work about their good experience and the benefits they achieve by using IQTELL. At various periods of time, e.g., every month, IQTELL will announce winners of a Lifetime Free Premium IQTELL Subscription. The winners of each period of this campaign will be determined based on the number of new subscribers to IQTELL introduced by an existing user and at IQTELL’s sole discretion. The number of the free subscriptions awarded each period will be at the sole discretion of IQTELL (the company). Being awarded a “Lifetime Free Premium IQTELL Subscription”, (i) Current users who haven’t yet signed up to one of the IQTELL’s paid subscription plans will be upgraded to a “Lifetime Free Premium” status; (ii) Existing users who are currently on one of the paid subscription plans, their subscription will be canceled (see our refund policy) and their status will be set to a “Lifetime Free Premium” status. By changing the status to “Lifetime Free Premium IQTELL Subscription”, said service will be offered as long as the paid subscription plans are offered by IQTELL to the wide public.
The Service is made available to you for your personal use only. Due to the Children’s Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. IQTELL reserves the right to refuse service to anyone at any time without notice for any reason.
You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
You acknowledge that IQTELL may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that content, such as email messages, and any other content that you may enter in your account will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the Service’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that IQTELL has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that IQTELL reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that IQTELL reserves the right to modify these general practices and limits from time to time.
Subject to the Terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use IQTELL software and service on an unlimited number of personal computers and mobile devices solely to use the service to the extent you have the right to access the service. Your right to access the service will be limited by the Terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The software is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the software; nor (c) circumvent or disable any security or technological features or measures in the software.
IQTELL offers the Service on iOS and Android devices and may offer the Service on other mobile platforms (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. We do not warrant that the Mobile Software will be compatible with your mobile device. We give you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You agree that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You agree to the automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. This license is not a sale of the Mobile Software or any copy thereof, and IQTELL or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). We reserve all rights not expressly granted under these Terms. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in these Terms and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service.
In the future, IQTELL may offer advertisements on the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that IQTELL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IQTELL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IQTELL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IQTELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE IQTELL SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE IQTELL SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE IQTELL SERVICE.
You agree to indemnify and hold IQTELL, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
Choice of Law
You and IQTELL each agree that the Terms and the relationship between the parties shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and IQTELL, shall be brought exclusively in the courts in the state of New Jersey. You and IQTELL agree to submit to the personal jurisdiction of the courts located within the any county in New Jersey or any Federal District Courts in New Jersey, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Severability and Integration
The failure of IQTELL to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that IQTELL, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, or if IQTELL believes that you have violated or acted inconsistently with the letter or spirit of the Terms. IQTELL may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that IQTELL may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that IQTELL shall not be liable to you or any third-party for any termination of your access to the Service. In case you would like to cancel your account you are solely responsible for properly doing so. An email or phone request to cancel your account is not considered cancellation. You can cancel your account by following the online instructions for account cancellation. All of your Content may be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is canceled.