This is an important legal agreement.
By signing up to the service, You are accepting the terms and conditions of this licence agreement
in their entirety and you are agreeing to be legally bound by this licence agreement. If you do not
agree to all of the terms and conditions of this licence agreement you may not use the service and
must immediately cease any such use. Please read this licence agreement carefully.
End User Agreement
- This End User Licence Agreement (“Agreement”) is a binding legal agreement between Quantam,
whose registered office is in India and You (being the customer identified below) pursuant to
which You are provided with a licence to use the Quantam service, in accordance with the
provisions of this Agreement and the Service (as defined below).If You are entering into this
Agreement on behalf of a company or other legal entity, You represent that You have the
authority to bind such entity to these terms and conditions, in which case the terms “You” and
“Your” shall refer to such entity.
Your registration for, or use of, the Service shall be deemed to be Your agreement to abide by
this Agreement including any materials made available to You by Quantam, including but not
limited to Quantam ‘s privacy and security policies which You acknowledge having reviewed.
As used in this Agreement now or hereafter associated herewith:
- “Agreement” means these online terms of use and any materials available on the Quantam
website specifically incorporated by reference herein, as such materials, including the terms of
this Agreement, may be updated by Quantam from time to time in its sole discretion;
“Content” means the audio and visual information, documents, software, products and
services contained within, or made available to You in the course of using, the Service;
“Customer Data” means any audio or visual or other data, information or material provided
or submitted by You to the Service in the course of using the Service;
“Effective Date” means the earlier of either the date this Agreement is accepted or the
date You begin using the Service;
“Term” means the contract term, beginning on the Effective Date and ending on termination
of this Agreement in accordance with clause 12;
“Intellectual Property Rights” means unpatented inventions, patent applications, patents,
design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work
rights, know-how and other trade secret rights, and all other intellectual property rights,
derivatives thereof, and forms of protection of a similar nature anywhere in the world;
“Quantam” means Quantam a private limited company (whose registered office is in
India;
“Quantam’ Technology” means all of Quantam’s proprietary technology (including software,
hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and
other tangible or intangible technical material or information) made available to You by Quantam
in providing the Service;
“Reseller” means an independent contractor or business entity who has signed a reseller
agreement with Quantam to sell licenses of Services to end users;
“Service” means access to the specific edition of Quantam’s camera management software,
developed, operated, and maintained by Quantam, accessible via cloud, Quantam.uk or another
designated web site or IP address, and ancillary online or offline products and services
provided to You by Quantam, to which You are being granted access under this Agreement,
including the Quantam Technology and the Content;
“User(s)” means Your family members, employees, representatives, consultants, contractors
or agents who are authorised to use the Service and have been supplied user identifications and
passwords by You (or by Quantam at Your request)
Updates
- You agree that because the Service is a hosted, online application, Quantam and its
distributors may occasionally need to notify all users of the Service of important
announcements regarding the operation of the Service, whether or not they have opted out of
email notifications.
Licence & Restrictions
- In consideration of You paying the applicable charges and fees as set out in clause 8 and
agreeing to abide by the terms of and conditions of this Agreement Quantam hereby grants to
You a non-exclusive, non-transferable, royalty free worldwide right to access and use the
Service for the Term, solely for Your own internal business and private purposes, subject to
the terms and conditions of this Agreement.
All rights not expressly granted to You are reserved by Quantam and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or
otherwise commercially exploit or make available to any third party the Service or the
Content in any way; (ii) modify or make derivative works based upon the Service or the
Content; (iii) create Internet “links ” to the Service or “frame ” or “mirror ” any Content
on any other server or wireless or Internet-based device; or (iv) reverse engineer or access
the Service in order to (a) build a service, (b) build a product using the same or similar
ideas, features, functions or graphics of the Service, or (c) copy any ideas, features,
functions or graphics of the Service.
User licenses cannot be shared or used by more than one individual User but may, [with the
prior written consent of Quantam] be reassigned from time to time a new user who is
replacing a former User who has terminated employment or otherwise changed job status or
function and no longer uses the Service on behalf of the User company.
You may not access the Service if You are a competitor of Quantam, except with Quantam’s
prior written consent, and failure to notify Quantam that You are a competitor and obtain
Quantam’s prior written consent to access the Service constitutes a breach of this Agreement
by You.
You may not access the Service for purposes of monitoring its availability, performance or
functionality, or for any other benchmarking or competitive purposes.
You may use the Service only for Your internal business and private purposes and You shall
not: (i) download, distribute, store or use content that is not Yours or that You do not
have the legal right to view or use; (ii) send or store infringing, obscene, threatening,
libellous, or otherwise unlawful data, including material which violates any third party
privacy rights; (iii) send or store material containing software viruses, worms, Trojan
Horses, or other harmful computer code, files, scripts, agents or programs; (iv) interfere
with or disrupt the integrity or performance of the Service or the data contained therein;
or (v) attempt to gain unauthorized access to the Service or its related systems or
networks.
Your Responsibilities
- You are responsible for all activity occurring under Your User accounts and shall abide by
all applicable local, provincial or state, national and foreign laws, treaties and
regulations in connection with Your use of the Service, including those related to data
protection and privacy, and the transmission of technical or personal data.
You shall: (i) notify Quantam immediately of any unauthorised use of any password or account
or any other known or suspected breach of security; (ii) report to Quantam immediately and
use reasonable efforts to stop immediately any copying or distribution of Content by You or
Your Users; and (iii) not impersonate another User or provide false identity information to
gain access to or use the Service.
Account Information and Data
- You agree that Quantam does not own any data, information or material that You submit to the
Service in the course of using the Service ("Customer Data")..
You agree that You, not Quantam, shall have sole responsibility for the accuracy, quality,
integrity, legality, reliability, appropriateness, and intellectual property ownership or
right to use of all Customer Data, and Quantam shall not be responsible or liable for the
deletion, correction, destruction, damage, loss or failure to store any Customer Data.
Quantam shall have the right to withhold, remove and/or discard Customer Data without notice
for any breach, including, without limitation, Your non-payment. Upon termination of this
Agreement by Quantam as a result of Your breach, Your right to access or use Customer Data
immediately ceases, and Quantam shall have no obligation to maintain or forward any Customer
Data.
Intellectual Property Rights
- You agree that Quantam alone (and/or its licensors, where applicable) owns all right, title
and interest, including all intellectual property rights, in and to the Quantam Technology
and Content or arising out of or in connection with the Service and any suggestions, ideas,
enhancement requests, feedback, recommendations or other information provided by You or any
other party relating to the Service.
You agree that this Agreement does not convey to You any rights of ownership in or related
to the Service, the Quantam Technology or the intellectual property rights owned by
Quantam.
You agree that the Quantam name, the logo, and the product names associated with the Service
are trademarks of Quantam or licensed to Quantam third parties where applicable and no right
or license is granted to use them under this Agreement.
Third Party Interactions
- Quantam and its licensors shall have no liability, obligation or responsibility for any data
exchange, correspondence, or interaction between You and any third-party in relation to the
Service. Quantam does not endorse any sites on the Internet, products or tools that are
linked through the Service.
Quantam provides these links to You only as a matter of convenience, and in no event shall
Quantam or its licensors be responsible for any content, products, or other materials on or
available from such sites or for any loss or damage that may arise from Your use of them.
Quantam provides the Service to You pursuant to the terms and conditions of this Agreement.
You agree that certain third-party providers of ancillary software, hardware or services may
require Your agreement to additional or different license or other terms prior to Your use
of or access to such software, hardware or services.
Data Protection
- For the purposes of the Data Protection Acts 1988 and 2003 (the “Acts”), you, as Data
Controller, shall obtain any and all data protection consents required to permit Quantam to
hold, use, disclose or otherwise process any Personal Data contained within the Customer
Data (where “Data Controller” and “Personal Data” has the same meaning as in the Acts) for
the purposes of providing the Services.
Quantam shall process the Personal Data only on and subject to your instructions from time
to time and shall not process the Data for any other purpose. Quantam shall implement and
maintain appropriate technical and organisational security measures against unauthorised
access to, or unauthorised alteration, disclosure or destruction of, the Personal Data.
You agree that You are and shall remain solely responsible for determining the contents and
use of the Personal Data. You acknowledge that you are a Data Controller in relation to the
Personal Data and is a Data Processor in relation to the Personal Data.
You shall indemnify and keep indemnified Quantam against all losses, damages, costs,
expenses and liabilities arising as a result of any breach by You of Your obligations under
this Clause 9 and the Acts including without limitation arising as a result of any complaint
or claim by a data subject/individual or any investigation by the Office of the Data
Protection Commissioner in respect of the processing of the Personal Data by Quantam.
Quantam acknowledges that it is the Data Controller in respect of any personal account
information provided by You when subscribing to the Service. Quantam shall comply with its
Data Protection obligations in relation to the processing of that data and shall only retain
this data for as long as is necessary to perform the Services and meet its obligation under
this Agreement.
Data Storage
- All information You provide to us is stored on our secure servers. Details relating to any
transactions will be encrypted using SSL technology. The maximum disk storage space provided
to You at no additional charge is as specified in at the time of purchase from Quantam or
Your Reseller. Additional Data will be recorded over the Data already stored in a FIFO
(First In First Out) fashion. Quantam and its Resellers reserve the right to establish or
modify its general practices and limits relating to storage of files and Customer Data.
Charges and Payment of Fees
- You shall pay all fees or charges plus any and all applicable taxes to Your account in
accordance with the fees, charges, and billing terms detailed at time of purchase in effect
with Quantam or Your Reseller at the time a fee or charge is due and payable. You agree to
Quantam storing Your payment card information for such purposes. Your obligation to pay fees
or charges continues until this Agreement is either terminated or expires.
All fees and charges are non-refundable and there are no refunds or credits for partially
used periods. All features acquired as part of Your account, expire immediately upon
termination or expiration of Your account.
Non-Payment and Suspension
- In addition to any other rights granted to Quantam hereinor Your Reseller, we reserve the
right to suspend or terminate this Agreement and Your access to the Service if You fail to
make a payment due under this Agreement.
Quantam and Your Reseller reserve the right to impose a reconnection fee in the event Your
access to the Service is suspended and thereafter You remedy the breach and are granted
access to the Service. You agree and acknowledge that Quantam has no obligation to retain
Customer Data and that such Customer Data may be irretrievably deleted if Your account is
suspended for 30 days or more.
Cancellation & Refund policy
- You may terminate this Agreement and the Services provided here under upon 30 days prior
written notice at any time.
Quantam may terminate this Agreement immediately if you commit a material or persistent
breach of this Agreement which You fail to remedy (if remediable) within 30 days after the
service on You of written notice requiring You to do so.
Any breach of Your payment obligations or unauthorised use of the Quantam Technology,
Content or Service will be deemed a material breach of this Agreement.
Quantam and Your Reseller, in their sole discretion, may [terminate]/ [immediately suspend]
Your password, account or use of the Service if You breach or otherwise fail to comply with
this Agreement..
Quantam may terminate any account at any time in its sole discretion.
You agree and acknowledge that Quantam has no obligation to retain the Customer Data, and
may delete such Customer Data, if You have materially or persistently breached this
Agreement.
Upon termination for any reason:
(a)all rights granted to You under this Agreement shall immediately cease;
(b)You must immediately cease all activities authorised by this Agreement; and
(c)You must immediately pay any sums due to Quantam under this Agreement.
Disclaimer & Warranty:
- Quantam and its licensors make no representation, warranty, or guaranty as to the
reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness
of the service or any content. Quantam and its licensors do not represent or warrant that
(a) the use of the service will be secure, timely, uninterrupted or error-free or operate in
combination with any other hardware, software, system or data,
(b) the service will meet your requirements or expectations,
(c) any stored data will be kept,
(d) the quality of any products, services, information, or other material recorded by you
through the service will meet your requirements or expectations,
(e) errors or defects will be corrected, or
(f) the service or the server(s) that make the service available are free of viruses or
other harmful components. The service and all content is provided to you strictly on an “as
is” basis. All conditions, representations and warranties, whether express, implied,
statutory or otherwise, including, without limitation, any implied warranty of
merchantability, fitness for a particular purpose, or non-infringement of third party
rights, are hereby disclaimed to the maximum extent permitted by applicable law by Quantam
and its licensors.
