Terms of access and use

Since January 1, 2022

These Terms of Access and Use (hereinafter referred to as the "Offer," "Agreement") constitute a public offer to conclude an agreement between the Service Provider (also referred to as QB Tools) and any individual, individual entrepreneur, or legal entity (hereinafter referred to as the "Client"), and together with the Privacy Policy, regulate the procedure for providing services for using the Service to the Client as defined by this Agreement.

The subject of this Agreement is the provision by QB Tools of access and services for using the Service, which include the QR BOSS feedback service, multi-link service, mobile application and website rental, online menus, waiter call service, Telegram chatbots, promotion and marketing services, provided that all restrictions and conditions of use of the Service are observed in accordance with the functional capabilities and terms of this Agreement.

By accepting all the conditions listed below and clicking "I consent to the processing of Personal Data in accordance with the Privacy Policy and accept the User Agreement” using the site's functionality to submit an application, register, or pay for the services of the service, the Client becomes a party who has accepted the terms of this offer (Accepted the Offer), which is equivalent to entering into a contract on the terms defined by this Agreement (offer). If any conditions specified in this Agreement are not accepted by a person intending to use the Service, such person is not entitled to use the Service provided under this Agreement.

By registering to use the Service, the Client and individuals to whom the Client will grant access to its account (Administrator/User) agree to comply with the terms of this Agreement. The Client undertakes to inform its Administrators and Users independently about the Terms of Access and Use of the Service and is responsible for the actions of its Administrators and Users.

Glossary of Terms

Service — is an organizational and technical system (software) in which information processing technology is implemented using technical and software tools and other services provided by the Service Provider through the website located at: https://qbtools.com

Service Provider — is an authorized trade intermediary or agent who has the right to provide the Client with the Service usage and accordingly conclude this Agreement through the website https://qbtools.com

The client — is an individual, sole trader, or legal entity that accepted the offer, paid for the use of the Service, and is the owner of the account.

The administrator — is an individual designated by the Client as the primary administrative contact for making decisions related to managing the use of the Service, disabling access to the service, resolving other technical issues, who has the authority from the Client to administer access to the Service, as well as to appoint additional Administrators/Users. The first person registered in the Service by the Client is appointed as the Administrator.

Account data — the information stored by the Service Provider that allows the identification of the Client, User, Administrator, and is necessary for managing and using the Service. Account data does not contain information uploaded (stored) by the Client/Administrator/User regarding their contacts, projects, tasks, events or similar data and the like.

Content — any information and materials that the Client (through the Administrator/User) uploads or publishes in the Service.

span class="politica__bold">Confidential information — data containing any information considered the property or trade secret of any Party, directly or indirectly disclosed by the Parties in any form after the entry into force of this Agreement.

User — is an individual who has access to the Service provided by the Client or the Client's Administrator.

Account — a record in the QB Tools system storing data that allows the identification of the Client's Administrator/User.

Technical support — is a set of activities that QB Tools may carry out within its established limits and scope, which may include installation, configuration, testing, defect identification and resolution, relevant consultation on these matters, aimed at ensuring the operation of the Service, and are an integral part of the service provision and included in its cost (tariff).

1. Terms of Service. Security and Access

1.1. Only registered Clients have the right to use the Service. To access the Service, individuals must accept the Offer, agree to the Privacy Policy, provide their full name, valid email address, and other information requested by QB Tools.

1.2. To register, the Client undertakes to provide truthful and complete information about themselves and their Administrators/Users on the registration form and to keep this information up to date. During registration, the Client specifies the name of their company in Latin characters, which will be used for access to the Service (Example: the name in Latin characters "Name", accordingly, the Client is provided with a link name.hurma.work for access to the Service). If the Client/Administrator provides incorrect information or if QB Tools has reason to believe that the information provided by the Client is incomplete or false, QB Tools has the right, at its discretion, to block or delete the Client's/Administrator's/User's account, as well as to fully or partially prohibit the Client/Administrator/User from using the Service.

1.3. QB Tools reserves the right at any time to request confirmation of the data provided by the Client/Administrator during registration and to request relevant documents in connection with this. Failure to provide such documents, at the discretion of QB Tools, may be equated with providing false information and may result in the consequences outlined in clause 1.2 of this Agreement.

1.4. During registration, the Client provides their phone number, which is subsequently used as the login to access the Service.

1.5. The Administrator has the authority to administer and use the Service on behalf of the Client, as well as the right to grant access to additional Administrators/Users within the limits of the selected tariff. The Administrator has the right to deactivate a User if the Administrator (or the Client) wishes to terminate access to the Service for that User.

1.6. In the event of the termination of the provision of the Service, QB Tools will only contact the Client to delete the relevant account data and provide the opportunity to export the Content.

1.7. QB Tools provides access to the Service solely through the use of the web interface, in compliance with the provisions of this Agreement.

1.8. QB Tools employs a secure method of authentication and access to the Service.

1.9. The Client is responsible for the protection of User names and passwords or other codes related to the Service, the actions of Administrators/Users when using the Service, as well as for the compliance of the Content with the requirements of the Law.

1.10. The Client agrees to adhere to the policy and procedures for preventing unauthorized use of usernames and passwords and promptly notifies QB Tools of any suspected loss of passwords or their unauthorized use by third parties.

1.11. QB Tools will notify the Client of any actions/events that, in the view of QB Tools, may or have led to unauthorized access, disclosure, use, or damage to the Client's Content.

1.12. In the event of a security breach and authentication disorder, access to the Service, QB Tools collaborates with the Client to establish the cause of the breach and identify altered Content, and also assists the Client in investigating and preventing further breaches.

1.13. QB Tools conducts measures to protect the Content and its reliable storage, taking into account technological advancements and the cost of implementing such measures.

2. General provisions

2.1. The Service is subject to copyright and intellectual property rights, which are regulated and protected by the legislation of Ukraine and international norms on intellectual property and copyright protection. QB Tools guarantees that it has all the necessary rights under this Agreement to provide the Client with the services to use the Service, including the documentation for the Service.

2.2. The algorithms of the Service and its source codes (including their parts) are considered trade secrets. Any use of them by the Client or the use of the Service in violation of the terms of this Agreement is considered a violation of QB Tools' rights and is sufficient grounds for termination of this Agreement and cessation of services to the Client under this Agreement.

2.3. The Client is not allowed to copy, modify, resell, or otherwise reproduce or dispose of the Service. The Client/Administrators/Users undertake not to use access to the Service or any part of the Service except for their own (internal) activities of the Client, including: economic, organizational, and internal economic activities of the Client itself.

2.4. The Client undertakes to familiarize Administrators/Users with the contents of this Agreement and ensure their compliance with its provisions. The Client is responsible for the actions/inactions of Administrators/Users when using the Service, including disclosure/deletion of Content and disclosure/distribution of Confidential Information.

2.5. QB Tools does not review or verify the Content posted by the Client, nor does it acquire any rights, including intellectual property rights, to the Client's Content.

2.6. This Agreement does not grant the Client (Administrators, Users) any right to use any trademarks, logos, domain names, and other objects of intellectual property rights used by QB Tools in providing the service of using the Service. The Client agrees to use the Service in such a way as not to disseminate information that does not correspond to reality and that may create a false impression about the owner of the Service or the services and products provided by QB Tools through the website located at: https://qbtools.com

2.7. The Client is solely responsible for their Content and its substance. All copyrights and intellectual property rights to the Content belong to the Client.

2.8. The Client is not permitted to upload, publish, transmit, store, or distribute through the Service (or directly on the Service) any viruses, computer programs that reproduce themselves and contain any destructive codes, viruses, or other malicious software, information promoting violence, fascism, extremism, terrorism, data promoting pornography, child erotica, advertising of intimate services, any other information or data, the content of which contradicts the current legislation of Ukraine and/or is fully or partially protected by copyright, related rights, or other rights without the permission of the owner.

2.9. QB Tools does not control the content of the information stored, published, or distributed by the Client using the Service and is not responsible for its accuracy, quality, and content. QB Tools does not review or verify the Content posted by the Client, except in cases where QB Tools receives justified complaints from third parties about the Client/Administrator/User violating rights and legitimate interests in connection with the content posted by the Client/Administrator/User on the Service.

2.10. QB Tools reserves the right, at its discretion, to take any actions it deems necessary regarding Content that violates the terms of this Agreement and the requirements of Ukrainian legislation, including its removal. QB Tools reserves the right to immediately suspend the provision of services and, in the event of a Client's violation of clause 2.8, refuse further provision of services.

2.11. QB Tools reserves the right at any time to add, modify, or terminate, temporarily or permanently, any features of the Service, with or without notice to the Client, except in cases where QB Tools makes changes that significantly reduce the functionality of the Service, in which case QB Tools will send the Client a notification 7 (seven) days in advance.

2.12. QB Tools reserves the right to temporarily suspend access to the Service for maintenance, repair, or installation of updates. QB Tools will provide appropriate notification no less than 3 (three) working days before suspending the corresponding access. QB Tools has the right to temporarily suspend access to the Service in situations that require urgent action to protect the Service. QB Tools employs all reasonable means and methods to minimize operational disruptions to the Service.

2.13. The Client has the right to regularly store all their own Content on third-party and independently selected services (cloud, local, etc.), using appropriate technical means and tools for this purpose, without violating the intellectual property rights of QB Tools.

2.14. The Client consents to the Service Provider collecting/processing/using information and statistical data on the Client's use of the Service, including but not limited to: various marketing data; Service usability data; Service heat map data; statistical data on authorized logins and logouts from the Service, session durations, etc.; Client/Administrator/User geolocation data, Client's business specialization, other data and information that may improve the operation and functionality of the Service.

3. Cost, Payment, Changes in Access Rights and Service Usage

3.1. For the service of using the Service, the Client pays a subscription fee under the terms of the selected tariff posted on the QB Tools website.

3.2. Payment for the services of using the Service is made by the Client through bank transfer, by transferring the tariff cost to the current account of QB Tools based on an invoice provided upon request by the Client, exclusively after submitting a request for the service of using the Service by the Client through the website https://qbtools.com or using payment systems. Certain payment methods may involve a transaction fee, which is paid by the Client.

3.3. The payment amount for access to and services of using the Service offered by QB Tools depends on the tariff selected by the Client on the qbtools.com website. Tariffs vary according to the functional capabilities of the Service.

3.4. The Client shall pay a remuneration amount for each payment period during which the Client will use the Service. The payment period is 1 (one) calendar month. The fee for using the Service shall be paid in advance. In case of payment for the use of the Service for a calendar year, it is paid in advance and continues to be charged annually on the date of the initial payment. All payments are non-refundable except as provided in section 3.9 of this Agreement.

3.5. If payment for the use of the Service is not made within 5 (five) calendar days after the end of the free trial period or the expiration of the current paid calendar month for the Service usage, QB Tools reserves the right to block access to the Service until payment is made. Payment is considered to be made upon receipt of funds into the current account of QB Tools.

3.6. In addition to the fee for using the Service, the Client may incur additional expenses related to accessing the Service, including but not limited to, fees for accessing the Internet, data roaming and similar charges.

3.7. QB Tools reserves the right to unilaterally change the cost of Tariffs for providing services to use the Service by posting (publishing) such changes on qbtools.com. Such changes come into effect from the moment of their publication, unless otherwise specified at the time of their publication. In the event of a change in the cost of Tariffs for providing the right to access and use the Service, QB Tools informs existing Service Clients of such changes 10 (ten) calendar days in advance by sending an email to the Client's email address.

3.8. In the event that the Service is unavailable due to actions or inaction by QB Tools, the fee for using the Service (monthly or yearly) is not collected.

3.9. In the event of the Client's refusal of this Agreement, any funds paid prior to this are non-refundable. No payments are charged for early cancellation of Service usage. Access rights and use of the Service are terminated before the end of the current paid billing period and are not included in the next billing period.

4. The term of the Agreement and termination of the provision of the Service usage services

4.1. This Agreement comes into effect upon the Client's acceptance of this Offer and remains in force until the usage of the Service is terminated at the end of the respective period or by other means specified in the Agreement.

4.2. If the Client violates the terms of this Agreement, QB Tools reserves the right to unilaterally terminate this Agreement without refunding any funds or providing any compensation to the Client related to such termination.

4.3. If the Client intends to cease using the Service or deactivate the account, the Client (or Administrator) may do so on their behalf at any time using the appropriate functionality of the Service. Termination of the Service usage or account deactivation by any other means is not permitted. Funds paid according to the tariff, which is unused in this case are not refunded.

4.4. QB Tools is not obliged to notify Clients of the deletion of their Content after termination of the Agreement or use of the Service. QB Tools shall not be liable to the Client or any Users for the deletion of Content in accordance with this Agreement.

5. Rights and Obligations of Parties

5.1. Rights and Responsibilities of the Client:

5.1.1. The Client is obliged to strictly adhere to all requirements of this Agreement, instructions, and recommendations regarding the operation of the Service, including those sent through the Service's functionality.

5.1.2. The Client is prohibited from uploading, publishing, transmitting, storing, or distributing viruses, computer programs that reproduce themselves and contain any destructive codes, viruses, or other malicious software through the Service (or directly onto the Service).

5.1.3. The Client (Administrator, Client's users) undertakes not to engage independently or allow other persons to engage in the following activities:

• providing access to the Service (Service) for hire, lease, or temporary use;

• using the Service by broadcasting on Internet sites, both on a commercial and non-commercial basis;

• making modifications to the Service, its components, design, and appearance; creating conditions for the use of the Service by individuals who do not have personal rights to access and use the Service, except for the Client's Users;

• publishing or otherwise distributing any fragments and components of the Service, including providing other persons with the opportunity to copy them; attempting to circumvent the technical restrictions of the Service;

• transferring the rights to use the Service to third parties.

5.1.4. The Client undertakes to indemnify QB Tools for any losses that may arise due to the Client (or its Administrators or Users) breaching the obligations established by this Agreement. QB Tools promptly notifies the Client of any claims or losses directly or indirectly related to the Client (or its Administrators, Users) breaching the obligations established by this Agreement. The Client agrees to assist QB Tools in defending against any claims, lawsuits, or complaints received from third parties if they arise due to the Client (or its Administrators or Users) breaching the obligations established by this Agreement.

5.1.5. The Client has the right to modify the available functional features of the Service by changing the tariff, simultaneously paying the cost of services according to the new tariff.

5.1.6. The Client has the right to receive necessary information and consulting answers regarding the Service from QB Tools.

5.2. Rights and Obligations of QB Tools:

5.2.1. QB Tools undertakes to provide services within the framework of this Agreement and the requirements of Ukrainian legislation.

5.2.2. QB Tools reserves the right to refuse a Client in providing services or to terminate the provision of services to a Client who has not provided accurate information about themselves and/or violates the terms of this Agreement and/or engages in actions constituting criminal and/or administrative offenses, as well as in the event of other violations of the rights and legitimate interests of QB Tools and third parties.

6. Confidential Information. Protection of Personal Data.

6.1. Each party agrees to recognize all data containing any information considered the property and trade secret of either party to this Agreement, directly or indirectly disclosed by the parties after the entry into force of this Agreement, as confidential information and not to use or disclose it except where necessary to perform this Agreement.

6.2. The Client, acting as the owner or recipient of personal data in accordance with the Law of Ukraine "On Personal Data Protection," and as the controller regarding its contacts (employees, clients, customers, etc.) - data subjects, and QB Tools undertake to comply with the requirements of the said Law on the processing of personal data (including the use of information (automated) systems).

6.3. By accepting this Agreement, the Client guarantees that they have all legal grounds to collect, record, accumulate, store, adapt, modify, update, use, and distribute (disseminate, transmit), anonymize, and destroy personal data and other information constituting the content using the Service.

6.4. The Client hereby consents to QB Tools collecting, processing, accumulating, storing, and using their personal data (such as name, mobile phone number, and other personal information), as well as transmitting them to third parties solely for the purpose of and within the framework of ensuring QB Tools' compliance with the obligations imposed on it in accordance with the terms of this Agreement. The Client's personal data is processed in accordance with the Law of Ukraine "On Personal Data Protection." The personal data of Clients is collected solely for the purpose of fulfilling the terms of this Agreement, complying with the norms in the field of tax regulation, and accounting relations.

6.5. QB Tools takes measures to ensure the confidentiality and non-disclosure of personal data and to prevent unauthorized processing, loss, or destruction. QB Tools will act only on the instructions of the Client regarding personal data that have been processed by QB Tools.

7. Responsibility and Dispute Resolution Process

7.1. This Agreement is governed by the laws of Ukraine and international laws ratified by the Verkhovna Rada of Ukraine. Violation of the terms of this Agreement entails liability in accordance with Ukrainian legislation.

7.2. All disputes arising between the Parties shall be resolved through negotiations. If a dispute cannot be settled through negotiations, it shall be resolved in court according to the jurisdiction established by the current legislation of Ukraine.

7.3. QB Tools shall not be liable to the Client/Administrators/Users for any losses, loss of income, profits, information, or savings related to the use or inability to use the Service, including in cases where the Client/Administrators/Users have been notified in advance of the possibility of such losses or in any third-party claim.

7.4. QB Tools shall be released from liability for non-performance or improper performance of this Agreement if it occurred due to external circumstances and/or actions (inactions) of third parties, which are beyond the control and/or fault of QB Tools.

8. Technical support

8.1. QB Tools provides technical support to Clients/Administrators/Users for issues related to installation, configuration, testing, identifying, and resolving deficiencies, including relevant consultation on these matters, on standard configurations, supported operating systems, and other service systems.

8.2. The cost of contacting the service provider's Technical Support Service by the Client/Administrators/Users is included in the cost of using the Service (tariff).

8.3. For the provision of Technical Support, QB Tools reserves the right to request information from the Client/Administrators/Users pertaining to their account data and technical specifications of their equipment.

9. Electronic documents

9.1. The parties agree to use electronic documents in the electronic document management system and utilize electronic digital signatures/qualified electronic signatures for this purpose. They acknowledge any documents drafted and provided by the other party in electronic form with the use of electronic digital signatures/qualified electronic signatures through means of telecommunication or on electronic media as originals with legal validity. The parties recognize that an electronic digital signature/qualified electronic signature is legally equivalent to the handwritten signature (seal) of the party.

10. Other conditions

10.1. The Service may not be compatible with the Client's computer or other equipment. The Service is provided by QB Tools "as is." QB Tools does not guarantee any results that the Client intended to achieve by using the Service.

10.2. This Agreement constitutes the entire and exclusive agreement between QB Tools and the Client and governs the Client's use of the Service, replacing any previous agreements between the Parties (including previous versions of this Agreement).

10.3. QB Tools reserves the right to engage third parties to maintain the proper functioning of the Service, while remaining responsible to the Client under this Agreement for the actions of the engaged parties.

10.4. Neither party to this Agreement may assign (transfer) any of its rights or obligations to third parties without the prior written consent of the other party, except in cases of merger or reorganization, where the acquirer (newly created legal entity) has agreed to abide by this Agreement.

10.5. QB Tools may offer the opportunity to integrate the Service with products from third-party providers at the choice and risk of the Client. In this case, QB Tools bears no responsibility for the consequences of such integration. QB Tools has the right to modify or terminate the integration of the Service with other services and products from third-party providers without prior notice to the Client.

10.6. For all matters not addressed in this Agreement, the Client and QB Tools shall be governed by the current legislation of Ukraine.

10.7. QB Tools reserves the right to unilaterally amend the terms of this Agreement by posting the revised text on the Internet on the qbtools.com website. In the event that QB Tools makes changes to the terms of this Agreement, they shall enter into force upon publication, unless otherwise specified at the time of their publication.