Quickest | the sales assistant
END USER LICENSE AGREEMENT

Last updated August 10, 2022



QuickEst is licensed to You (End-User) by Tatvamasi Labs, located and registered at 204, Anupam square, near Mahadev Chowk, Mota Varachha, Surat, Gujrat 394101, India ("Licensor"), for use only under the terms of this License Agreement.

By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Tatvamasi Labs, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Tatvamasi Labs acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

QuickEst when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. QuickEst is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").


TABLE OF CONTENTS



1. THE APPLICATION

QuickEst ("Licensed Application") is a piece of software created to QuickEst is a CRM tool that can help to grow your business/shop — and customized for iOS and Android mobile devices ("Devices"). It is used to - Check sales performance of your sales-person - Create & take daily follow up of your client or customer - You can send then a quotations as PDF..


2. SCOPE OF LICENSE

2.1  You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2  This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3  You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Tatvamasi Labs's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4  You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Tatvamasi Labs's prior written consent).

2.5  You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7  Licensor reserves the right to modify the terms and conditions of licensing.

2.8  Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.


3. TECHNICAL REQUIREMENTS

3.1  The Licensed Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.

3.2  Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3  You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.4  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.


4. MAINTENANCE AND SUPPORT

4.1  The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.

4.2  Tatvamasi Labs and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.


5. USER-GENERATED CONTRIBUTIONS

The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.


6. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.


7. LIABILITY

7.1  Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

7.2  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.


8. WARRANTY

8.1  Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

8.2  No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Tatvamasi Labs's sphere of influence that affect the executability of the Licensed Application.

8.3  You are required to inspect the Licensed Application immediately after installing it and notify Tatvamasi Labs about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of __________ days after discovery.

8.4  If we confirm that the Licensed Application is defective, Tatvamasi Labs reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

8.5  In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

8.6  If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
   

9. PRODUCT CLAIMS

Tatvamasi Labs and the End-User acknowledge that Tatvamasi Labs, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims;
 
 
 
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.


10. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.


11. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
       
Vivek Akbary
204, Anupam square, near Mahadev Chowk, Mota Varachha
Surat, Gujrat 394101
India
vivek.tatvamasi@gmail.com


12. TERMINATION

The license is valid until terminated by Tatvamasi Labs or by You. Your rights under this license will terminate automatically and without notice from Tatvamasi Labs if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
      

13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Tatvamasi Labs represents and warrants that Tatvamasi Labs will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.


14. INTELLECTUAL PROPERTY RIGHTS

Tatvamasi Labs and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Tatvamasi Labs, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.


15. APPLICABLE LAW

This License Agreement is governed by the laws of India excluding its conflicts of law rules.


16. MISCELLANEOUS

16.1  If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
 
 
 
           
16.2  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
This EULA was created using Termly's EULA Generator.

Privacy Policy:  

At QuickEst, by default, everything of your data is private and may only be read by you or people you specifically want to share it with (such as when sending content to your clients).

We run our company entirely on monthly payments, with no hidden fees or conditions. We will never sell or disclose your leads, contacts, data, or details to third parties or advertising if doing so would place us at odds with your interests.

Privacy:

We handle data with responsibility and no third parties will have the access to your data. You are fully authorised and solely own your data which you can choose to delete at any point in time.

Security:

Your data is completely encrypted both in transit and in the database (TLS 1.2 through HTTPS) (256-bit Advanced Encryption Standard). We are dedicated to leveraging best-in-class technologies to secure and protect your data.

Terms of Service: 

Thank you for showing your interest in QuickEst. (a product by Tatvamasi Labs) (also known as “QuickEst”, “we”, or “us”). You agree to all the terms and conditions (“Terms”), as well as any revisions, made to this Terms of Service Agreement (“Agreement”) by establishing an account or utilising any QuickEst services (“Services”) offered via QuickEst website and/or mobile application (“App”). If you use the Service on behalf of a corporation or other entity (“Company”), you agree to all of these Terms on their behalf, and you represent and warrant that you have the power to bind the Company to this Agreement. “You” and “your” apply to you and that Company in that scenario.

Subscription and Pricing: 

When you create an account, you will be given a 14-day free trial period (unless otherwise specified), during which no credit card information or money will be required. Unless you choose to subscribe, your free trial account will expire automatically. If you do not want to continue using QuickEst after your free trial period ends, there is no need to cancel it.

If you wish to subscribe, the Subscription Fee will be paid only at the conclusion of the free trial time and will be charged in full and in the currency stated for the Subscription Plan you pick (unless otherwise arranged on a case-by-case basis at our sole discretion). During your Subscription Term, your Subscription Fee will stay constant and will include access to all existing services.

When you pay by credit card, you give us permission to charge your credit card or bank account for any costs owed throughout the Subscription Term. You also give us permission to employ a third party to handle payments, and you agree to the sharing of your payment information with that third party.

Until terminated, your membership will be automatically renewed at the amount and frequency mentioned in your selected Subscription Plan (e.g. monthly, annually, or some other period). You may cancel your QuickEst membership at any time without penalty, and you will not be debited again. If you cancel your membership, you will be able to use the services until the end of your then-current Subscription Term.

Data and Privacy:

To create an account, you must provide contact information such as your name, email address, and phone number, which will be used to authenticate, protect, and access your account. We use cookies on the site and equivalent tokens in the app to keep you signed in. Our server software may also keep basic technical information in memory or logs, such as your IP address.

You will be able to import and produce leads with QuickEst Services. This leads data, along with the previously stated data and contact information posted by or for you to the QuickEst Services, including electronic data and information submitted by or for you through your use of third-party applications, or collected and processed automatically by or for you using the QuickEst Services, is referred to as “Your Data.”

You will always have complete ownership and control over Your Data and can remove it at any moment. QuickEst will never sell, disclose, or make Your Data available to third parties or we are forced to do so by law or valid legal action. We will not keep Your Data for any longer than is required to fulfil the terms of this Agreement and provide you with the Services. When we become aware of a breach of any of our responsibilities under this Agreement, we will tell you immediately.

You may cancel this Agreement or request the deletion of all or part of Your Data at any time by writing us an email at contact@Quickestimate.co to erase Your Data and Service account for any reason or no reason at all. We will also inform any and all third parties to whom Your Data has been provided for the purposes of this Agreement to delete Your Data, if applicable. Backups of deleted data may be stored for up to 30 days. Backups are encrypted and are only viewed when catastrophe recovery is required.

Data Security:

We handle data with responsibility and no third parties will have the access to your data. Your data is completely encrypted both in transit and in the database (TLS 1.2 through HTTPS) (256-bit Advanced Encryption Standard). We are dedicated to leveraging best-in-class technologies to secure and protect your data.

Account Security:

QuickEst provides a secure login mechanism that uses one-time passwords (“OTP”) delivered by email. You are completely responsible for limiting who has access to your account by restricting access to your computers and devices, as well as with whom you share your OTP code(s) for multiple device logins.

Third-Party Services:

The Services include features and/or functionality that interact with third-party online services (“Third-Party Services”), either through agreements between QuickEst and the operators of such Third-Party Services (such agreements, “Third-Party Agreements,” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) that QuickEst does not dispute. Third-Party Agreements and Third-Party APIs (as well as the policies, conditions, and restrictions that apply to Third-Party APIs) are subject to change, suspension, or termination at any time. QuickEst shall have no responsibility for any such change, suspension, or termination. You are responsible for ensuring that your use of the Services in association with any Third-Party Service complies with all relevant agreements, policies, terms, and restrictions.

No Unlawful or Prohibited Services:

As a condition of using the Service, you agree not to use it for any purpose that is illegal or prohibited by this Agreement. You may not use the Service in any way that, in our sole judgement, might damage, disable, overburden, impair, or interfere with the use of the Service by any other person. You may not access or attempt to gain any materials or information by any methods other than those made explicitly available through the Service. Furthermore, you agree not to provide false or misleading information in connection with your account, and you understand that we have the right to terminate any account with a profile that we judge (in our sole judgement) to be false or misleading (including a profile that impersonates a third party).

Modification and Termination of Services:

QuickEst has the right, without prior notice, to alter, update, or discontinue our Services, or any features or elements thereof. You agree that if you violate the Terms, we may suspend or cancel your right to use our Services at any time without warning, obligation, or responsibility to you.

You may also cancel this Agreement at any time, for any reason or no reason, by deactivating your account through the Service and/or emailing us at contact@quickestimate.co to request that Your Data be deleted.

Limitation of Liability:

To the fullest extent allowed by applicable law, you agree to indemnify and hold QuickEst and its affiliates, employees and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) resulting from or in any way related to any third party claims relating to (a) your use or misuse of the Services (including any actions taken by a third party using your account); (b) errors in the content or interruptions in the Services; (c) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services; (d) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored therein. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Arbitration Agreement:

This section requires the name of the government body of India under which these conducts are practised.

Applicable Law and Jurisdiction:

This Agreement will be governed by Indian law, without regard to conflict of laws rules.

Your Data may be processed, stored, and utilised in countries other than the one in which you are situated. Data privacy regulations vary from country to jurisdiction, and different rules may apply to Your Data depending on where it is processed, kept, or utilised.