Qt ACCOUNT SERVICE TERMS
1. LEGAL VALIDITY
These Service Terms make up the agreement between you (“User”) and The Qt Company Ltd (“The Qt Company”) with respect to the use of the Qt Account, and any included individual service subject to these Service Terms.
Please, read these terms through carefully. By selecting “I accept the Service Terms”, you are deemed to accept these terms and to commit yourself to observing them. When representing a legal entity, you should ensure your due authorization to approve these terms before you select “I accept the Service Terms”. Otherwise, The Qt Company shall regard you, as the User of the Service, as personally responsible for compliance with these Service Terms.
With both The Qt Company and the User (“Parties”) agreeing to comply with these Service Terms, these Service Terms shall be deemed to enter into force when The Qt Company has informed the User of receipt and acceptance of the service order that he has made.
“Content” refers to all information which is stored or processed through the Services. The Content includes, but is not limited, the following: software, data structures, images, audio, machine processed data, music, photographs sounds, videos or written text.
“Qt Account” means User´s account for using the Services.
“The Qt Company” refers to The Qt Company Ltd, Business ID 2637805-2, having its street address at Miestentie 7, 02150 Espoo, Finland.
“Service” shall mean Qt Account service as well as any online services provided by The Qt Company.
“Subscription” shall mean all the software and services that you have ordered or paid as a bundled subscription package from The Qt Company.
“User” refers to natural person or legal entity, which is bound by these Service Terms either by their acceptance or representation.
3.RIGHT TO USE THE SERVICE AND THE CONTENT
The Qt Company grants to User a worldwide, non-sublicensable, non-transferable, non-exclusive, limited right to use the Services in accordance with these Service Terms. The right to use the Services is granted subject to the User strictly following these Service Terms and any other instructions that The Qt Company may have for the Services, as well as applicable pricing for the Services.
By using the Services, the User grants to the Qt Company and its suppliers operating the Services, a worldwide license to use, host, store, reproduce, modify, create derivative works, such as those resulting from translations, adaptations or other changes made so that the User´s Content works better with the Services, to communicate, publish, publicly perform, publicly display and distribute the Content. The rights the User grants hereby are for the limited purpose of operating, promoting, and improving Services, and to develop new services. This license continues even if you stop using the Services. The Qt Company kindly reminds the User (i) to make sure that the User has the necessary rights to grant this license for the Content that the User submits to the Services, and (ii) that various services offered by The Qt Company may have various terms applying to user´s contributions and such terms may differ from the terms set forth in these Service Terms.
4.INTELLECTUAL PROPERTY RIGHTS
Any and all intellectual property rights to the Services and related materials shall vest exclusively on The Qt Company or a third party, as may be applicable.
The Qt Company acknowledges and agrees that the right that The Qt Company obtains to the Content is merely a license subject to Section 3 above; The Qt Company obtains no intellectual property rights to any Content or any other material that the User may provide to the Services.
In addition to the license above in Section 3 granted to the Content, you as User may decide to give The Qt Company input or feedback (including but not limited to software code) on the Services or relating to your Subscription (“Feedback”). You grant to The Qt Company, under all of your intellectual property rights, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free right to: (a) use, copy and modify the Feedback and to create derivative works of the Feedback, and (b) make (and have made), sell, offer for sale, lease and otherwise distribute any The Qt Company software products or services using or containing the Feedback, (c) sublicense the rights to use the Feedback to enable the use of The Qt Company´s possible products and/or services, and (d) assign the rights to Feedback to a third party in connection with the sale or assignment of the relevant business, operations or assets of The Qt Company.
5.LIMITATIONS OF LIABILITY
5.1. The limitations of liability shall not apply to damages caused by willful misconduct, or gross negligence.
5.2. THE QT COMPANY DOES NOT MAKE ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, TRADE USAGE OR TRADE PRACTICE. THE QT COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, NON-INFRINGEMENT, RELIABILITY OR OTHERWISE. YOU RELY ON THE SERVICES AND ANY RELATED FINDINGS SOLELY AT YOUR OWN RISK.
5.3.THE QT COMPANY SHALL IN NO CASE BE LIABLE IN CONTRACT, TORT OR OTHERWISE FOR ANY LOSS OF REVENUE, PROFIT, BUSINESS OR GOODWILL OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE COST, DAMAGES OR EXPENSE OF ANY KIND HOWEVER CAUSED OR HOWEVER ARISING UNDER OR IN CONNECTION WITH THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THIS EXCLUSION BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES THE QT COMPANY, ITS EMPLOYEES OR LICENSORS’ LIABILITY SHALL BE LIMITED TO 50 € (FIFTY EUROS).
5.4. THE QT COMPANY OR ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE SERVICES. USER IS SOLELY RESPONSIBLE FOR SECURING AND BACKING UP ITS CONTENT. NEITHER THE QT COMPANY NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR ANY TYPE OF HIGH RISK ACTIVITIES.
5.5. The User shall ensure that it shall not put any Content in to the Service that is illegal or in any way violates the rights of third parties or is in some way abusive (“Violating Content”). In case the User would suspect any Content to be regarded as Violating Content, the User should contact The Qt Company at email address firstname.lastname@example.org for The Qt Company to investigate the matter further and remove such Violating Content wholly or partly if necessary. Furthermore, the User hereby agrees and understands that The Qt Company shall have the right to revoke the respective Qt Account and remove this kind of Violating Content from the Services.
6. GOVERNING LAW AND DISPUTE SETTLEMENT
6.1. These Service Terms shall be governed by the laws of Finland, excluding choice of law principles.
6.2. All disputes arising out of this agreement shall be primarily settled through negotiations between the Parties. Should the Parties not be able to settle the dispute through negotiations, the dispute shall be finally settled in arbitration in Helsinki by one arbitrator under the rules of the Arbitration Institute of the Central Chamber of Commerce of Finland.
7. VALIDITY OF THE AGREEMENT
7.1. These Service Terms shall remain effective until the User or The Qt Company terminates these Service Terms.
7.2. The User may terminate these Service Terms at any time by canceling his Qt Account.
7.3. These Service Terms may be terminated by The Qt Company with a notice period of 1 month (30 days).
7.4. The Qt Company shall always have the right to terminate these Service Terms with immediate effect, in the event that the User (i) does not remit payment outstanding within thirty (30) days of a written reminder of payment due, or (ii) otherwise breaches these Service Terms or other instructions applicable to Service or the Content thereof, as such instructions are given by The Qt Company.
7.5. The Qt Company shall also have the right to terminate these Service Terms and the Service subject to The Qt Company´s service provider termination or discontinuation of the relevant service platform licensed by The Qt Company for the purposes of running the Service. In such case The Qt Company shall inform the user without undue delay.
7.6. Upon termination of these Service Terms and the User´s right to use the Service, also the Subscription and all the User´s rights thereto shall be simultaneously terminated as a whole.
8. PERSONAL INFORMATION
8.1. For the purposes of these Service Terms, personal information shall include but is not limited to: your name, email address, telephone number, profile, and any other information from which you can be identified (“Personal Information”).
8.2. The Qt Company will hold and process any Personal Information received via Service for the purposes of providing Service for its users in the course of its business, including e.g. from time to time contacting its users and sending or requesting information relating to its business. The Qt Company may pass such information outside The Qt Company group only (1) if and to the extent a third party service provider has a strict need-to-know basis for such information to be able to provide its services to The Qt Company, or (2) in order to comply with the law or requests of governmental entities. Given the global nature of The Qt Company´s business, processing information for the above purposes may involve a cross-border transfer of the information provided to The Qt Company.
8.3. In addition to the information submitted to The Qt Company via the Service, The Qt Company may collect information about the use of service, its tools and API’s, and visits to Service´s web pages to improve The Qt Company´s services. This information includes but is not limited to: User and End Users IP address and browser cookies.
8.4. Please note that by sending your Personal Information to the Service you are explicitly consenting to the processing and transfer of such information in the way and for the purpose mentioned above.
9. OTHER TERMS
9.1. Neither Party shall be liable for delays nor damages that result from obstacles beyond his control (force majeure) which he cannot be reasonably expected to have taken into account at the time of approving these Service Terms and whose consequences he also cannot be expected to have reasonably avoided or overcome. A labor strike, block, boycott and other industrial action is regarded as force majeure also when the Party is himself its object or is involved. The Party must report a case of force majeure without delay in writing to the other Party, also when no longer in effect.
9.2. The User shall have no right to transfer these Service Terms even in part without the written approval of The Qt Company.
9.3. The Qt Company may change these Service Terms by informing the User of such updates or changes. None of such updates or changes shall have any effect on the User´s on-going subscription period. Should you as the User not accept the updates or changes made by The Qt Company, you shall have the right at your own discretion to cancel your subscription. For clarity, in case of your cancellation, none of the already paid subscription fees shall be returned or reimbursed by The Qt Company.