Thank you for selecting the Services offered by QB UP Cloud (referred to as “we”, “our”, or “us”). Review these Terms and Conditions (“Agreement”) thoroughly. This Agreement is a legal agreement between you and QB UP Cloud. By accepting electronically (for example, clicking “I Agree”), installing, accessing, or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services..
This Agreement describes the terms governing your use of the QB UP Cloud services provided to you on this website, including content, updates, and new releases, (collectively, the “Services”). It includes by reference.
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by QB UP Cloud. QB UP Cloud reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, QB UP Cloud grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 On the expiry of subscription or on the expiry of the trial period, you will not be able to access the Services. For continuation of use of Services, you need to renew subscription or contact QB UP Cloud who will then provide a temporary license/access key to avail of the Services.
2.3 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation, or this Agreement. You agree you will not.
For Services offered on a payment or subscription basis, the following terms apply, unless QB UP Cloud or its vendor(s) notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services.
a. A valid credit card acceptable to QB UP Cloud and/or its vendor(s);
b. A valid debit card acceptable to QB UP Cloud and/or its vendor(s);
c. In countries where accepted by QB UP Cloud, sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
d. By another payment option that QB UP Cloud and/or its vendor(s) provide to you in writing.
QB UP Cloud has made a free 14-day trial available in order to enable you to experience the product prior to purchase, and fully satisfy yourself as to its suitability for your business. During this period and thereafter, all possible assistance is made available to you, including free online training and technical support. However, if you are not satisfied with the product for any reason, there is no refund. We do not refund the amount that you have already paid as we are already offering a 14 days trial period for you to evaluate the app.
The use of these Services may be available through a compatible mobile device using Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.
QB UP Cloud MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
You can view QB UP Cloud’s Privacy Policy provided with the Services and on the website for the Services. You agree to the applicable QB UP Cloud Privacy Policy and any changes published by QB UP Cloud. You agree that QB UP Cloud may use and maintain your data according to the QB UP Cloud Privacy Policy, as part of the Services. You give QB UP Cloud permission to combine information you enter or upload for the Services with that of other users of the Services and/or other QB UP Cloud services. For example, this means that QB UP Cloud may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. QB UP Cloud is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
6.1 You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted, or stored through your use of the Services. Archive your Content frequently. You grant QB UP Cloud a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and correct warnings, information, and disclosures. QB UP Cloud is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to.
6.2 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. QB UP Cloud does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to the content of third parties for which QB UP Cloud is not responsible.
6.3 QB UP Cloud may freely use feedback you provide. You agree that QB UP Cloud may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant QB UP Cloud a perpetual, worldwide, fully transferable, sub licensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to QB UP Cloud in any way.
6.4 QB UP Cloud may monitor your Content. QB UP Cloud may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect QB UP Cloud or its customers, or operate the Services properly. QB UP Cloud, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7.1 QB UP Cloud does not give professional advice. Unless specifically included with the Services, QB UP Cloud is not in the business of providing legal, financial, accounting, tax, or any other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other QB UP Cloud services. You may be offered other services, products, or promotions by QB UP Cloud (“QB UP Cloud Services”). Additional terms and conditions and fees may apply. With some QB UP Cloud Services, you may upload or enter data from your account(s) such as names, addresses, and phone numbers, purchases, etc., to the Internet. You grant QB UP Cloud permission to use information about your business and experience to help us to provide the QB UP Cloud Services to you and to enhance the Services. You grant QB UP Cloud permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant QB UP Cloud permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 Communications. QB UP Cloud may be required by law to send you communications about the Services or Third Party Products. You agree that QB UP Cloud may send these communications to you via email or by posting them on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact QB UP Cloud if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8.1 YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QB UP Cloud, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. QB UP Cloud AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 QB UP Cloud, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF INDIA AND FOR THE AVOIDANCE OF DOUBT QB UP Cloud DOES NOT EXCLUDE LIABILITY FOR. (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.
9 LIMITATION OF LIABILITY AND INDEMNITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF QB UP Cloud, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, QB UP Cloud, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING. (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET QB UP Cloud SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF QB UP Cloud AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF QB UP Cloud, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold QB UP Cloud and its Affiliates and Suppliers harmless from any and all claims, liability, and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). QB UP Cloud reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by QB UP Cloud in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
QB UP Cloud may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination, you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect QB UP Cloud’s rights to any payments due to it. QB UP Cloud may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
You acknowledge that the Services, including the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
This Agreement will be governed by the laws of the United States, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of QB UP Cloud’s or its Suppliers’ intellectual property rights may cause QB UP Cloud irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that QB UP Cloud shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect QB UP Cloud’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of the United States and you agree that you will procure that any third party making a claim against QB UP Cloud arising out of this Agreement shall bring such claim exclusively in the U.S courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
QB UP Cloud does not represent that the Services and/or content within the Services are appropriate or available for use in all jurisdictions or countries. QB UP Cloud prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute, the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement, including the Additional Terms below, is the entire agreement between you and QB UP Cloud and replaces all prior understandings, communications, and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without the written approval of QB UP Cloud. However, QB UP Cloud may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by QB UP Cloud or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact QB UP Cloud via email
QB UP Cloud may provide experiences on social media platforms such as Facebook®, Twitter®, and LinkedIn® that enable online sharing and collaboration among anyone who has registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms and Conditions and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
QB UP Cloud may tell you about third party products or services, including via the Service. QB UP Cloud may offer products and services on behalf of third parties who are not affiliated with QB UP Cloud (“Third Party Products”) and/or provide access or links to third party websites (“Third Party Sites”). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms, and privacy policies. QB UP Cloud is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website, or associated with QB UP Cloud in any way. You agree that the third parties, and not QB UP Cloud, are solely responsible for the Third Party Product’s performance (including technical support), the content on their websites, and their use or disclosure of your data. QB UP Cloud will not be liable for any damages, claims, or liabilities arising from the third parties, Third Party Products, or Third Party Sites.
You agree that you will:
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