Terms of Use

1. Introduction

Welcome to calqy.io (the “Service”). The Service is operated by Calqy LLC (“we”, “us”, or “our”). These Terms of Use (the “Terms”) govern your access and use of the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access or use the Service.

2. Definitions

• Account means an account created by you to access the Service.
• Content means any text, data, information, graphics, images, or other materials uploaded, submitted, or displayed by you on the Service.
• Service means the calqy.io website and all its features, functionalities, and content.
• User means any individual or entity who accesses or uses the Service.

3. User Accounts

• You may be required to create an account to access certain features of the Service.
• You are responsible for maintaining the confidentiality of your account information, including your password.
• You are also responsible for all activities that occur under your account.

4. Use of the Service

• You may use the Service only for lawful purposes and in accordance with these Terms.
• You agree not to use the Service:
  • In a way that violates any applicable law or regulation.
  • For the purpose of exploiting, harming, or threatening others.
  • To perform any unauthorized modification of the Service.
  • To upload or transmit any viruses or other malicious code.
  • To interfere with or disrupt the use of the Service by others.

5. User Content

• Unless otherwise stated or clearly recognizable, we or our licensors own or provide all content on this application.
• We make every effort to ensure that the content on this application does not infringe any applicable legal provisions or third-party rights. However, this may not always be achievable.
• In such cases, without prejudice to any legal prerogatives of users to enforce their rights, users are kindly requested to preferably report related complaints using the contact details provided in this document.
• You retain all ownership rights to your content.
• By uploading or submitting content to the service, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, and distribute your content for the purpose of providing the service.

6. Intellectual Property

• The Service is safeguarded by copyright, trademark, and related intellectual property laws.
• Any copyright notices or proprietary notices placed on the Service shall not be removed, altered, or obscured.
• All intellectual property rights for such content are retained and reserved by us.
• Users may not use the content in any way other than what is necessary or implied by the proper usage of the Service.
• More precisely and without limitation, Users may not copy, download, share (beyond the set limits), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, or assign to third parties or create derivative works from the content available on this Application.
• Any third party is also prohibited from doing so through the User or their device, even without the User’s knowledge.
• When expressly stated on this Application, the User may download, copy, and/or share some content available through this Application for personal and non-commercial purposes.
• This is provided that the copyright attributions and other required attributions are correctly implemented.
• Any applicable statutory limitation or exception to copyright shall remain unaffected.

7. Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content or practices of any third-party websites or services.

8. Termination

We may terminate or suspend your access to the Service at any time, for any reason, with or without notice.

9. Disclaimer

• THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.
• NO EXPLICIT, IMPLIED, STATUTORY, OR OTHERWISE WARRANTIES ARE MADE BY CALQY AND AFFILIATED PARTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
• NO VERBAL OR WRITTEN INFORMATION FROM US ESTABLISHES ANY GUARANTEE NOT EXPRESSLY STATED.
• WE PROVIDE NO ASSURANCE REGARDING THE ACCURACY, RELIABILITY, OR CORRECTNESS OF THE CONTENT; THE AVAILABILITY, SECURITY, OR UNINTERRUPTED OPERATION OF THE SERVICE; THE CORRECTION OF DEFECTS OR ERRORS; OR THE ABSENCE OF VIRUSES OR HARMFUL COMPONENTS.
• USERS ASSUME ALL RISKS ASSOCIATED WITH DOWNLOADING CONTENT, AND ANY DAMAGE OR DATA LOSS RESULTING FROM SUCH DOWNLOADS OR USE OF THE SERVICE IS SOLELY THEIR RESPONSIBILITY.
• WE DO NOT ENDORSE, GUARANTEE, OR ASSUME LIABILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED OR OFFERED THROUGH THE SERVICE.
• WE ARE NOT INVOLVED IN AND DO NOT MONITOR TRANSACTIONS BETWEEN USERS AND THIRD-PARTY PROVIDERS.
• THE SERVICE MAY BE INACCESSIBLE OR NOT FUNCTION PROPERLY WITH USERS’ BROWSERS, DEVICES, OR OPERATING SYSTEMS, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM ITS CONTENT, OPERATION, OR USE.
• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
• THIS AGREEMENT PROVIDES SPECIFIC LEGAL RIGHTS, AND USERS MAY HAVE ADDITIONAL RIGHTS THAT VARY BY STATE.
• THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

10. Limitation of Liability

• IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• CALQY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, SUPPLIERS, AND EMPLOYEES ARE NOT RESPONSIBLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, UNDER ANY APPLICABLE LAW. THIS LIABILITY EXTENDS TO DAMAGES RESULTING FROM USING OR FAILING TO USE THE SERVICE, HACKING, TAMPERING, OR UNAUTHORIZED ACCESS TO THE SERVICE OR USER ACCOUNT, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, UNAUTHORIZED ACCESS OUR SECURE SERVERS AND PERSONAL INFORMATION, INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, BUGS, VIRUSES, OR OTHER HARMFUL ELEMENTS TRANSMITTED THROUGH THE SERVICE, ERRORS OR OMISSIONS IN CONTENT, OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. OUR MAXIMUM LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, SUPPLIERS, AND EMPLOYEES, IS LIMITED TO THE AMOUNT PAID BY THE USER TO US IN THE PRECEDING 12 MONTHS OR THE DURATION OF THIS AGREEMENT BETWEEN US AND USER, WHICHEVER IS SHORTER.
• THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE RELEVANT JURISDICTION, REGARDLESS OF WHETHER THE CLAIMED LIABILITY ARISES FROM CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS. IT REMAINS APPLICABLE EVEN IF THE COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. HENCE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO USERS IN SUCH JURISDICTIONS. THE TERMS CONFER SPECIFIC LEGAL RIGHTS TO THE USER, WHO MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
• THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11. Indemnification

As a User, you agree to protect, compensate and absolve us, along with any subsidiaries, related entities, officers, board members, representatives, partners, suppliers, and employees from any and all claims, demands, damages, liabilities, costs, or debts, including, but not limited to, legal fees and expenses. This protection extends to situations arising from:

• Your use of and access to the Service, including any transmitted or received data or content.
• Any breach of these stipulations by you, encompassing any violation of the provided representations and warranties.
• The violation of any third-party rights, such as privacy and intellectual property rights.
• The infringement of any relevant laws, regulations, or statutes.
• Content submitted from your account, including situations where a third party accesses your account using your unique username, password, or other security measures. This encompasses misleading, false, or inaccurate information.
• Intentional misconduct on your part.
• Statutory breaches committed by you or your affiliates, officers, directors, agents, partners, suppliers, or employees, to the extent permitted by applicable laws.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, United States of America.

13. Dispute Resolution

Any dispute arising out of or relating to these Terms will be settled by arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Boston, Massachusetts.

14. Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of the Service.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

16. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

17. Updates to the Terms

We may update these Terms from time to time. The updated Terms will be effective upon posting on the Service. You are advised to review the Terms periodically for any changes.