Last updated on June 1, 2021
By signing up for the QPilot repeat delivery software (“Service”) or any of the services of QPilot (“QPilot”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. QPilot reserves the right to update and change the Terms of Service by posting updates and changes to the QPilot website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for your benefit and are not legally binding. Please read the Terms of Service for the complete picture of your legal requirements. By using QPilot or any QPilot services, you are agreeing to these terms.
1. Account terms
1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
2. To access and use the Service, you must register for an account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. QPilot may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
3. You acknowledge that QPilot will use the email address you provide as the primary method for communication.
4. You are responsible for keeping your password secure, which is your means of entering the QPilot App Service. QPilot cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of QPilot will result in an immediate termination of your Service.
2. Account Activation
1. Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. Upon completion of sign up for the Service, QPilot will collect your credit card and store it on a secure server.
4. If you do not wish to continue using the Service, it is your responsibility to contact QPilot to cancel the Service.
3. General conditions
1. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Texas and the laws of the United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Texas with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
2. You acknowledge and agree that QPilot may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the QPilot website, available at https://qpilot.cloud/terms-of-service/ and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted to the QPilot website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
3. You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of Texas.
4. The Service in some cases provides “API Credentials” (the secret key and access token that allow you to make authenticated requests to the Service API). You are solely responsible for the activity that occurs using your API Credentials and for keeping your API Credentials secure.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by QPilot.
6. You shall not purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use QPilot, QPilot Apps, or QPilot trademarks and/or variations and misspellings thereof.
8. Questions about the Terms of Service should be sent to customers@QPilot.cloud.
9. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
4. QPilot Rights
1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. We may, but have no obligation to, remove Materials and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any QPilot customer, QPilot employee, member, or officer will result in immediate account termination.
5. QPilot does not pre-screen Materials and it is in their sole discretion to refuse or remove any Materials that is available via the Service.
6. We reserve the right to provide our Service to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that QPilot employees and contractors may also be QPilot customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
7. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
8. QPilot retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, QPilot reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
5. Limitation of Liability
1. You expressly understand and agree that QPilot shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
2. In no event shall QPilot or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, QPilot partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
3. Your use of the Service is at your sole risk. The Service is provided on an as is and as available basis without any warranty or condition, express, implied or statutory.
4. QPilot does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
5. QPilot does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
6. QPilot does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and complete agreement
The failure of QPilot to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and QPilot and govern your use of the Service, superseding any prior agreements between you and QPilot (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual property and customer content
1. We do not claim any intellectual property rights over the Materials you provide to the Service. All Materials you upload remain yours. You can remove the data of Materials you provide to the Service at any time by deleting your Account.
2. By uploading Materials, you agree: (a) to allow other internet users to view your Materials; (b) to allow QPilot to display and store your Materials; and (c) that QPilot can, at any time, review all the Materials submitted by you to its Service.
3. You retain ownership over all Materials that you upload to the Service; however, by making your store public, you agree to allow others to view your Materials. You are responsible for compliance of Materials with any applicable laws or regulations.
4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
5. QPilot shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
8. Payment of Fees
1. A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
2. The Service will be billed on a monthly basis (including your base fee and usage fee). Your total monthly bill for your Service is calculated according to the subscription plan that you are subscribed to. Each subscription plan is presented to you when you first sign up for your monthly subscription to QPilot on our website (https://merchants.qpilot.cloud/subscription) and are also publicly documented online at https://docs.qpilot.cloud/docs/subscription-billing-and-management.
3. All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (Taxes).
4. If you are a resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of QPilot’s products and services, including without limitation, your subscription to or purchase of QPilot’s ecommerce services. Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
5. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of QPilot’s products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to firstname.lastname@example.org.
6. QPilot does not provide refunds.
9. Cancellation and termination
1. You may cancel your account at anytime by emailing email@example.com and then following the specific instructions indicated to you in QPilot’s response.
2. Upon termination of the Service by either party for any reason:
- QPilot will cease providing you with the Service;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; and
- any outstanding balance owed to QPilot for your use of the Service through the effective date of such termination will immediately become due and payable in full.
3. If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
4. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
5. Fraud: Without limiting any other remedies, QPilot may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
10. Modifications to the service and prices
1. Prices for using QPilot are subject to change at any time and without notice from QPilot.
2. QPilot reserves the right at any time to time to modify or discontinue the Service (or any part thereof) with or without notice.
3. QPilot shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
QPilot’s Payments Service does not handle “Card Data” (defined as a cardholder’s account number, expiration date and CVV) as we do NOT receive or store cardholder data. We provide a checkout page which sends Card Data to your merchant processor directly at time of checkout processing. We then receive a token which represents the Card Data but does not contain the cardholder’s account number. We use this token to perform charge processing, and never receive, store, or use Card Data to perform processing.
12. Optional tools
1. QPilot may provide you with access to third party tools over which QPilot neither monitors nor has any control or input.
2. You acknowledge and agree that QPilot provides access to such tools as is without any warranties, representations or conditions of any kind and without any endorsement. QPilot shall have no liability whatsoever arising from or relating to your use of optional third party tools.
3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
4. QPilot strongly recommends that merchants seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates merchants should charge end users.
13. Legal responsibility
QPilot assumes no responsibility nor warranty regarding meeting applicable disclosure requirements in your customer communications and notifications, including but not limited to state and federal requirements. You are solely responsible for keeping such disclosure requirements in compliance with applicable authorities.