Terms & Conditions
1. Acceptance of Terms
These Terms and Conditions (“Terms”) govern the access to and use of the KwiqSync platform, software products, applications, websites, APIs, and related services (“Services”). By accessing, registering for, or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree, you must not use the Services.
2. Definitions
“Company”, “We”, “Us”, or “Our” refers to KwiqSync and its legal entity.
“Customer”, “You”, or “User” refers to any individual or entity accessing or using the Services.
“Customer Data” refers to all data, content, or information submitted or generated through the use of the Services.
“Subscription” refers to any paid or trial-based access to the Services.
3. Eligibility and Authority
You represent that you are legally capable of entering into binding contracts. If you are using the Services on behalf of an organization, you confirm that you have the authority to bind that organization to these Terms.
4. Scope of Services
KwiqSync provides cloud-based software solutions including, but not limited to, learning management, customer relationship management, project management, billing, analytics, and related operational modules. The Services may evolve over time, and the Company reserves the right to modify, enhance, or discontinue any part of the Services without obligation to maintain backward compatibility unless contractually agreed.
5. Account Registration and Responsibilities
You are responsible for providing accurate and complete registration information and maintaining the confidentiality of login credentials. You are fully responsible for all activities conducted through your account. The Company shall not be liable for any loss arising from unauthorized access caused by your failure to secure credentials.
6. Acceptable Use
You agree not to misuse the Services. Prohibited activities include unauthorized access, data scraping, reverse engineering, introducing malware, exploiting vulnerabilities, violating applicable laws, or using the Services in a manner that disrupts system integrity or other users.
7. Subscription, Fees, and Payments
Access to the Services may require payment of subscription fees. Fees are billed in advance and are non-transferable. Failure to make timely payments may result in suspension or termination of access. The Company reserves the right to revise pricing with prior notice.
8. Free Trial and Evaluation Access
The Company may offer free trials at its discretion. Trial access may include feature limitations, usage caps, or time restrictions. No service continuity or data retention is guaranteed after trial expiration. Trial misuse may result in immediate termination.
9. Refund Policy Reference
All payments are governed by the Company’s Refund Policy, published separately. Unless explicitly stated in writing, subscription fees are non-refundable.
10. Data Ownership and Rights
You retain full ownership of Customer Data. KwiqSync does not claim ownership over your data. By using the Services, you grant the Company a limited right to process Customer Data solely for service delivery, support, security, and legal compliance.
11. Data Security and Protection
The Company implements reasonable administrative, technical, and organizational safeguards to protect Customer Data, including access controls, encrypted communications, infrastructure monitoring, and security updates. However, no system can guarantee absolute security. You acknowledge and accept the inherent risks of cloud-based systems.
12. Customer Security Responsibilities
You are responsible for configuring user permissions, enforcing internal security practices, safeguarding credentials, and ensuring compliance with applicable data protection laws within your organization. The Company is not responsible for breaches caused by customer-side negligence or misuse.
13. Confidentiality
Each party agrees to protect confidential information disclosed during the use of the Services and to use such information solely for permitted purposes. Confidentiality obligations survive termination.
14. Intellectual Property Rights
All software, documentation, trademarks, designs, and proprietary technology associated with the Services remain the exclusive property of the Company. You are granted a limited, non-exclusive, revocable license to use the Services during the subscription period.
15. Third-Party Services
The Services may integrate with third-party applications or services. The Company is not responsible for third-party products, data handling, availability, or compliance. Use of third-party services is subject to their respective terms.
16. Service Availability and Maintenance
The Services are provided on a commercially reasonable basis. Scheduled or emergency maintenance may occur. The Company does not guarantee uninterrupted or error-free operation unless covered under a separate Service Level Agreement (SLA).
17. Termination and Suspension
The Company may suspend or terminate access for violation of these Terms, non-payment, security risks, or legal requirements. Upon termination, access to Services will cease, and data retention will follow internal policies unless otherwise required by law.
18. Data Retention and Deletion
Customer Data may be retained for a limited period after termination for legal, security, or operational purposes. Permanent deletion timelines are subject to system policies and regulatory obligations.
19. Disclaimer of Warranties
The Services are provided “as is” and “as available.” The Company disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
20. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, special, or consequential damages, including loss of data, revenue, or business. Total liability shall not exceed the fees paid by the Customer in the twelve months preceding the claim.
21. Indemnification
You agree to indemnify and hold harmless the Company from any claims, damages, or losses arising from your misuse of the Services, violation of these Terms, or breach of applicable laws.
22. Force Majeure
The Company shall not be liable for failure or delay in performance caused by events beyond reasonable control, including natural disasters, cyberattacks, governmental actions, or infrastructure failures.
23. Modifications to Terms
The Company reserves the right to modify these Terms at any time. Continued use of the Services after changes constitutes acceptance of the revised Terms.
24. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Courts located within India shall have exclusive jurisdiction.
25. Entire Agreement
These Terms, along with referenced policies, constitute the entire agreement between you and the Company and supersede all prior understandings.