Legal
Terms of Service
Please read these terms carefully before using our services.
1. Introduction and Acceptance
Welcome to Quyoom Design Studio ("Quyoom," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of Quyoom's website, products, and services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.
These Terms constitute a legally binding agreement between you and Quyoom Design Studio. You represent that you have the authority to accept these Terms on behalf of yourself or any entity you represent.
2. Definitions
Throughout these Terms, we use certain terms with specific meanings:
- "Client" refers to any individual or entity that engages Quyoom to provide design, development, or other professional services.
- "Content" refers to text, graphics, images, music, software, audio, video, designs, interactive features, and other materials that may be viewed on, accessed through, or contributed to the Services.
- "Deliverables" refers to the final products, designs, code, or other materials created by Quyoom for a Client as specified in a Service Agreement.
- "Intellectual Property" refers to creations of the mind, such as designs, artwork, code, trademarks, and other creative works.
- "Service Agreement" refers to a separate contract between Quyoom and a Client that outlines the specific services to be provided, deliverables, timeline, and payment terms.
- "User" refers to any individual who accesses or uses our Services, including Clients and visitors to our website.
3. Services
Quyoom Design Studio provides a range of design and development services, including but not limited to:
- Branding and identity design
- UI/UX design for websites and applications
- Web development and programming
- Mobile application design and development
- Digital marketing services
- Consultation and strategy services
The specific services to be provided to a Client will be outlined in a separate Service Agreement. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement will prevail with respect to the subject matter of that agreement.
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.
4. User Accounts
Some of our Services may require you to create an account. When you create an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
You must notify Quyoom immediately of any breach of security or unauthorized use of your account. Quyoom will not be liable for any losses caused by any unauthorized use of your account.
We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
5. Intellectual Property Rights
Quyoom's Intellectual Property: The Services and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "Quyoom Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Quyoom and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights.
Client Materials: You retain all rights to any content, designs, or materials you provide to us for use in creating your Deliverables ("Client Materials"). You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Client Materials solely for the purpose of providing the Services to you.
Deliverables: Unless otherwise specified in a Service Agreement, upon full payment of all applicable fees, Quyoom grants the Client a non-exclusive, worldwide, perpetual license to use the Deliverables for the purposes outlined in the Service Agreement. Quyoom retains ownership of all preliminary designs, drafts, and concepts created during the design process that are not included in the final Deliverables.
Portfolio Rights: Unless explicitly prohibited in a Service Agreement, you grant Quyoom the right to use the Deliverables in our portfolio, website, social media, and other promotional materials as examples of our work. We will respect any confidentiality requirements specified in a Service Agreement.
6. User Content
Our Services may allow you to submit, upload, publish, or otherwise make available content, including but not limited to text, photographs, videos, and audio (collectively, "User Content").
You represent and warrant that: (i) you own or have the right to use and make available all User Content in accordance with these Terms; and (ii) the posting and use of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity.
You retain all rights in, and are solely responsible for, the User Content you make available through the Services. You grant Quyoom a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised to provide and promote the Services.
7. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"
- Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services
- Transmitting spam, chain letters, or other unsolicited email or messages
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services
- Uploading invalid data, viruses, worms, or other software agents through the Services
- Collecting or harvesting any personally identifiable information from the Services
- Using the Services for any commercial solicitation purposes without our express consent
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity
- Violating any applicable law or regulation
- Encouraging or enabling any other individual to do any of the foregoing
8. Payment Terms
Fees: The fees for our Services will be outlined in the Service Agreement. Unless otherwise specified, all fees are quoted in US Dollars.
Payment Schedule: Payment schedules will be established in each Service Agreement. Typically, we require a deposit before beginning work, with the remaining balance due either in installments or upon completion of the project.
Late Payments: Late payments may incur a late fee as specified in the Service Agreement. In addition, we reserve the right to suspend work on a project if payments are not made according to the agreed-upon schedule.
Taxes: Fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases.
Refunds: Our refund policy will be outlined in the Service Agreement. In general, deposits are non-refundable once work has commenced on a project.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUYOOM AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
- ANY CONTENT OBTAINED FROM THE SERVICES; OR
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL QUYOOM'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID QUYOOM IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT QUYOOM HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10. Termination
Termination by Quyoom: We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms, any Service Agreement, or is harmful to the interests of another user, a third-party, or us.
Termination of Service Agreements: The termination process for specific Service Agreements will be outlined in those agreements. Typically, either party may terminate a Service Agreement with written notice if the other party materially breaches the agreement and fails to cure such breach within a specified period.
Effect of Termination: Upon termination of your access to the Services, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Payment Upon Termination: If a Service Agreement is terminated before completion of the project, you will be responsible for paying for all services performed up to the date of termination, as well as any non-cancelable expenses incurred by Quyoom.
11. Governing Law
These Terms shall be governed by the laws of Jammu & Kashmir, India, without respect to its conflict of laws principles. Any dispute arising from or relating to the subject matter of these Terms shall be subject to the exclusive jurisdiction of the courts in Jammu & Kashmir, India.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on our website and updating the "Last Updated" date at the top of these Terms.
Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services.
It is your responsibility to review these Terms periodically for changes. We encourage you to review these Terms whenever you access the Services.
13. Contact Information
If you have any questions about these Terms, please contact us at:
Quyoom Technologies
01.02, Tumina, Tarathpora,
Kupwara-193224,
Jammu & Kashmir, India
Email: [email protected]
Phone: +917006191259
By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.