Terms of Service
- Introduction
Please read the following terms and conditions carefully. RoborQ, Inc. (“RoborQ”, “us”, or “we”) provides the website located at https://roborQ.com or such alternative URL from which RoborQ may provide the website (the “Site”) and the related services through which users can use and access RoborQ’s Quality Management Software through multiple devices and websites (“Service” or “Services”).
This is a legal agreement between you and RoborQ and apply to you whether you are a visitor to the Site or a business or individual user who has registered with us and has a Login for use of the Service (“User”). IN SUCH CASE, YOU UNDERSTAND THAT BY CLICKING THE “LOGIN” BUTTON, BY USING THE SITE SERVICES OR YOUR ROBORQ LOGIN, OR BY ACCESSING ANY FILES YOU OR THE BUSINESS YOU REPRESENT ARE UNCONDITIONALLY AGREEING TO BE BOUND BY THESE TERMS OF SERVICE; AND IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A CORPORATION OR OTHER LEGAL ENTITY (THE “BUSINESS”), YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS AND ALL OF ITS USERS TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” REFER HEREIN TO THAT BUSINESS.
1.1. Access to Services
Subject to this Agreement, RoborQ grants you a limited, non-exclusive, non-transferable and revocable license to access and use only as intended and as purchased through RoborQ. This Agreement shall also apply to any enhancements or new features added to the Services and any new releases of Services. For clarity, this Agreement contemplates that you will authorize individual members of your organization, such as employees and contractors, as well as designated third parties (“Authorized Users”) to access and use the Services, which permit such Authorized Users to add, modify, share, save, upload, download, access or otherwise add, organize and manage data. RoborQ owns and reserves all rights, including intellectual property rights, in and to the Service, Software, Site, and all related items, except as otherwise specified in this Agreement.
1.2 Use of Software
You may use software made available by RoborQ to access and use the Services (“Software”) as purchased per month. In the event any third party code, such as free and open source software, is provided with the Software, the license terms accompanying that code shall govern its use rather than this Agreement. You acknowledge that RoborQ or third parties own all rights, titles and interests in and to the Services and Software, including all intellectual property rights. Except for the rights granted in this Agreement, RoborQ and its licensors retain all rights in the Services and Software, and no implied licenses are granted to You. Except as otherwise provided in this Agreement, You agree that it will not, nor will it permit another person to (a) sublicense, lease, rent, loan, transfer or distribute any portion of the Services and Software; (b) modify, adapt, translate or create derivative works from the Services and Software; (c) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software; or (d) remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in the Software.
- Administration. You will specify one or more administrative users who will have rights to manage Your deployment and use of the Services and Software through an Administrator Login (“Admin”). Among other functions, Administrators will control the provisioning of Authorized User Logins. You shall be solely responsible for (a) designating and authorizing individuals to act as Administrators; (b) maintaining the confidentiality of Administrators’ Login and passwords; and (c) ensuring Administrators comply with this Agreement. You agree that RoborQ is not responsible for the internal management and administration of the Services for You and, accordingly, provides only orchestration services.
1.3 Change
We may make changes to the Contract.
We may modify this Contract and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may end your subscription. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.
- Obligations
2.1 Service Eligibility
Here are some promises that you make to us in this Contract:
You’re eligible to enter into this Contract and you are at least our “Minimum Age.”
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) RoborQ Login(s) must be in your real name; and (3) you are not already restricted by RoborQ from using the Services.
Creating a login with false information is a violation of our terms, including on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for RoborQ to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Login ID
You will keep your password a secret.
You will not share a Login ID with anyone else and will follow our rules and the law.
You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your Login ID and (4) follow the law. You are responsible for anything that happens through your Login ID unless you close it or report misuse.
If the Services were purchased by another party for you to use, the party paying for such Service has the right to control access.
2.3 Payment
You will honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
We don’t give refunds as this is a Monthly Subscription (Month to Month commitment).
You agree to pay us the applicable fees and taxes specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. A 7 day grace period, if needed, allows for reprocessing of credit card without plan discontinuation (original subscription date is retained). Also, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- We may store and continue billing your payment method (e.g. credit card) even after it has expired.
- If you purchase a subscription, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
- We may calculate taxes payable by you based on the billing address that you provide us at the time of purchase.
2.4 Notices and Messages
Notices and messages will be sent to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
2.5 Sharing
When you share information on our Services, others can see, copy and use that information.
Our Services allows saving and sharing of information. Information and content that you save or post may be seen by other Users, Visitors or others. Where we have made settings available, we will honor the choices you make about who can see content or information.
We are not obligated to post any information or content on our Service and can remove it in our sole discretion, with or without notice.
- Rights and Limits
3.1. Your License to RoborQ
You own all of the content and personal information you provide to us, but you also grant us a non-exclusive license to it.
We’ll honor the choices you make about who gets to see your information and content.
As between you and RoborQ, you own the content and information that you submit or save to the Services, and you are only granting RoborQ and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this subscription, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems (Generally 30 days).
- We may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata).
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.
- You and RoborQ agree that if content includes personal data, it is subject to our Privacy Policy.
You and RoborQ agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).
3.2 Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively at our discretion. To the extent allowed under the law, these changes may be effective upon notice provided to you.
We may change or discontinue any of our Services.
3.3 Other Content, Sites and Apps
Your use of others’ content and information saved on our Services, is at your own risk.
If others offer their own products and services through our Services, we aren’t responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. RoborQ generally does not review content provided by our Users or others. You agree that we are not responsible for others’ (including other Users’) content or information. We cannot prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your RoborQ Login that app or site can access information on RoborQ related to you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, RoborQ is not responsible for these other sites and apps – use these at your own risk.
3.4 Limits
We have the right to limit how you connect and interact on our Services.
RoborQ reserves the right to limit your use of the Services, including the number of your connections. RoborQ reserves the right to restrict, suspend, or terminate your Login ID if RoborQ believes that you may be in breach of this Contract or law or are misusing the Services (e.g., violating any of the RoborQ “Dos and Don’ts”).
3.5 Intellectual Property Rights
RoborQ reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. RoborQ, logos and other RoborQ trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of RoborQ.
- Disclaimer and Limit of Liability
4.1 No Warranty
Disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, ROBORQ AND ITS AFFILIATES (AND THOSE THAT ROBORQ WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS ROBORQ HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), ROBORQ AND ITS AFFILIATES (AND THOSE THAT ROBORQ WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF ROBORQ AND ITS AFFILIATES (AND THOSE THAT ROBORQ WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THE MOST RECENT MONTHLY FEE THAT YOU PAID, IF ANY, OR (B) US $2000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ROBORQ AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF ROBORQ OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
- Termination
We can each end this Subscription anytime we want.
Both you and RoborQ may terminate this Subscription at any time without notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Users and/or Visitors’ access to information you saved through the Service;
- Sections 4, 6, 7, 8 and 9.2 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
- Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of law provisions, and the United States of America. In the event of a conflict between the laws of the United States and the laws of another country, the laws of the United States shall apply.
- Indemnity
You agree to indemnify and hold RoborQ, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against RoborQ by any third party due to or arising out of or in connection with your use of the Site.
- General Terms
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Contract, that does not mean that RoborQ has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your use of Services) to anyone without our consent. However, you agree that RoborQ may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
- RoborQ “Dos and Don’ts”
9.1. Dos
RoborQ is a community of professionals. This list of “Dos and Don’ts” limits what you can and cannot do on our Services.
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile; and
- Use the Services in a professional manner.
9.2. Don’ts
You agree that you will not:
- Create a false identity on RoborQ, misrepresent your identity, create a Login ID for anyone other than a real person, or use or attempt to use another’s Login;
- Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service;
- Disclose information that you do not have the consent to disclose;
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
- Violate the intellectual property or other rights of RoborQ, including, without limitation, (i) copying or distributing our learning materials or (ii) copying or distributing our technology; (iii) using the word “RoborQ” or our logos in any business name, email, or URL;
- Saving anything that contains software viruses, worms, or any other harmful code;
- Imply or state that you are affiliated with or endorsed by RoborQ without our express consent (e.g., representing yourself as an accredited RoborQ trainer);
- Rent, lease, loan, trade, sell/resell or otherwise monetize the Services or related data or access to the same, without RoborQ’s consent;
- Deep-link to our Services for any purpose, without RoborQ’s consent;
- Use bots or other automated methods to access the Services;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms, etc); and/or
- Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
- How To Contact Us
Our Contact information.
If you want to send us notices or service of process, please contact us:
By Mail
RoborQ, Inc.
418 N Main St
Royal Oak, MI, 48067, US
Effective as of January 12, 2020