Terms of Use
Last updated on Nov 19, 2024
These Terms of Service below are applicable to all Apps published by Qolaba LLC and its affiliates (collectively "Qolaba" or "we", "us", or "our"); the Qolaba websites located at https://www.qolaba.ai all e-mail newsletters published or distributed by Qolaba; all other interactive features and communications provided by Qolaba, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Qolaba (collectively the "App") and all services provided by Qolaba through or in relation to the App (the "Services"). BY USING OUR APP, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE APP AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME. YOUR CONTINUED USE OF OUR APP FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. For certain of our Services, you may also be required to execute a subscription agreement.
This is a legal agreement between you ("you" or "user") and Qolaba that states the material terms and conditions that govern your use of the App. This agreement, together with all updates, supplements, additional terms, and all of Qolaba’s rules and policies collectively constitute this "Agreement" between you and Qolaba. BY ACCESSING THE APP, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE DO NOT USE THE APP AND DELETE THE APP FROM YOUR DEVICE.
1. Introduction
Welcome to Qolaba LLC (“Qolaba,” “we,” “us,” “our”). These Terms of Service (“Terms”) govern your access to and use of our website, qolaba.ai (the “Site”), and any other services, products, or platforms offered by Qolaba (collectively, the “Services”). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must not use our Services.
2. Definitions
1. Account
Refers to the account you create to access our Services.
2. Content
Includes all text, graphics, images, audio, video, and other materials uploaded or submitted by you to the Services.
3. Subscription
Refers to the paid plans you enroll in to access certain features of our Services.
4. User-Generated Content
Refers to any content you create, upload, or share through our Services.
5. Platform
Refers to the online environment provided by Qolaba for content creation and management.
6. Prompts
Refers to the inputs or queries you provide to our AI tools.
7. Outputs
Refers to the content generated by our AI tools based on your Prompts.
3. Acceptance of Terms
By accessing or using our Services, you affirm that you are at least 18 years old, have the legal capacity to enter into these Terms, and agree to be bound by them. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
4. Use of Services
1. Eligibility
You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you meet the eligibility requirements.
2. Account Registration
To access certain features of our Services, you may be required to create an Account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.
3. Account Security
You are responsible for safeguarding your Account credentials. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this obligation.
5. Subscription and Payment Terms
1. Subscription Plans
We offer various subscription plans that grant access to different levels of our Services. Details of each plan, including features and pricing, are available on our Site.
2. Payment Methods
We accept major credit cards, including Discover, American Express, Mastercard, and Visa. By providing a payment method, you authorize us to charge the applicable fees for your chosen Subscription.
3. Billing Cycle
Subscriptions are billed on a recurring basis (monthly or annually, depending on the plan selected) until canceled. You authorize us to charge your payment method for the fees associated with your Subscription according to the billing cycle.
6. Cancellation Policy
1. Cancellation Procedure
To cancel your subscription, please log in to your account dashboard and follow the cancellation instructions, or contact our customer support team at [contact@qolaba.com]. All cancellations will become effective at the end of the current billing cycle.
2. Effective Date of Cancellation
Cancellations take effect at the conclusion of your current billing period. You will retain access to the platform and its features until that time.
3. Refund Policy
4. Definition of Platform Usage
"Using the platform" includes any of the following actions: Logging into your account. Accessing or viewing content. Utilizing any features or services provided by the platform.
5. Data Retention and Deletion
All relevant terms have been elaborately described under the Privacy Policy. By agreeing to be bound by the Privacy Policy, the user also agreed to the terms of use of Qolaba. Data Retention: After canceling your account, your data will be retained in our system. Data Deletion: If you wish to delete all your data permanently, you can do so through your account dashboard.
6. Automatic Renewals
Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.
7. Contact Information
For any questions or concerns regarding cancellations or refunds, please contact us at: Qolaba LLC [Insert Address] Sheridan, Wyoming, [ZIP Code] Email: [contact@qolaba.com] Phone: [Insert Phone Number]
7. Intellectual Property Rights
1. Ownership
All intellectual property rights in the Services, including but not limited to software, designs, content, trademarks, and logos, are owned by Qolaba LLC or its licensors.
2. User License
Subject to your compliance with these Terms, Qolaba grants you a limited, non-exclusive, non-transferable, revocable license to: Access and use the Services for personal or internal business purposes. Download or print a copy of any portion of the Content to which you have properly gained access.
3. Restrictions
You may not: Copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any Content or intellectual property without our express prior written permission. Reverse engineer, decompile, or disassemble any software part of the Services. Use the Services for any commercial purpose not explicitly permitted by Qolaba.
8. User-Generated Content
1. Submission of Content
You may be invited to create, submit, post, or display content through the Services. By submitting Content, you agree to these Terms.
2. Licensing of Content
By submitting Content, you grant Qolaba a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services.
3. User Responsibilities
You represent and warrant that you have all necessary rights to submit the Content and that it does not infringe any third-party rights or violate any laws.
4. Content Moderation
Qolaba reserves the right to remove, edit, or restrict access to any Content that violates these Terms or is deemed inappropriate, without notice.
9. Prohibited Activities
You may not use the Services to: Access or use services in a manner intended to interfere with, disrupt or manipulate the normal functionality of the platform, including but not limited to reverse engineering, data scraping or automated querying. Develop competing products or services without explicit prior consent from Qolaba. Engage in any illegal, fraudulent, or unauthorized activities that violate any applicable federal, state or local laws including but not limited to those of the State of Wyoming. Infringe upon the intellectual property rights of others. Upload or distribute malicious software or conduct denial-of-service attacks. Attempt to gain unauthorized access to our systems or user accounts. Use the Services in a manner that could harm, disable, overburden, or impair our servers or networks. Circumvent or attempt to bypass security measures or restrictions implemented on the platform. Engage in harassment, hate speech, or any form of abusive behavior. Manipulate or interfere with the normal functioning of the Services.
10. Acceptable Use Policy
You agree to use the Services in compliance with our Acceptable Use Policy, which prohibits activities that could harm Qolaba, its users, or third parties. This includes but is not limited to: Generating spam or unsolicited communications. Attempting to manipulate or exploit the Services for personal gain. Sharing content that is defamatory, obscene, or violates privacy rights. Using the Services to create or distribute harmful content, including malware or viruses. Engaging in any activity that disrupts or interferes with the Services or the experience of other users.
11. Privacy Policy
Our Privacy Policy governs the collection, use, and disclosure of your personal information. By using the Services, you consent to our Privacy Policy, which is incorporated into these Terms by reference.
12. Limitation of Liability
To the fullest extent permitted by law, Qolaba shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising out of or relating to your use of the Services, even if advised of the possibility of such damages. Our total liability to you for any claims under these Terms shall not exceed the amount paid by you for the Services in the six (6) months prior to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Qolaba, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.
14. Dispute Resolution
1. Informal Negotiations
Before initiating arbitration, both parties agree to attempt to resolve any disputes through informal negotiations for at least thirty (30) days following written notice of the dispute.
2. Binding Arbitration
If the dispute is not resolved through informal negotiations, it shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Sheridan, Wyoming, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Both parties waive the right to a trial by jury and to participate in a class action.
3. Exceptions to Arbitration
The following disputes are not subject to arbitration and may be resolved in court: Disputes related to intellectual property rights. Claims seeking injunctive relief. Any disputes that cannot be waived by law.
15. Termination
Qolaba reserves the right to terminate or suspend your access to the Services, for any reason, including if you breach these Terms. The user shall be duly notified of the reasons for termination. Upon termination, your right to use the Services will immediately cease, and all provisions of these Terms which by their nature should survive termination shall survive.
16. Miscellaneous
1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.
2. Amendments
Qolaba may modify these Terms at any time by posting the revised Terms on the Services. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
3. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
4. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
5. Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Qolaba may assign these Terms without restriction.
6. Entire Agreement
These Terms, together with our Privacy Policy and any other policies expressly referenced herein, constitute the entire agreement between you and Qolaba regarding the use of the Services.
7. Export Compliance
You agree that you will not export, re-export, or transfer any materials obtained from the Services in violation of any applicable export laws or regulations. This includes, but is not limited to, export to countries subject to US embargoes or individuals on restricted party lists as defined by the U.S. Department of Commerce and the U.S. Department of the Treasury.
8. Accessibility
Qolaba is committed to ensuring accessibility of our Services. If you encounter any accessibility issues, please contact us at [contact@qolaba.com] so we can address them promptly.
9. Consumer Protection
Qolaba complies with all applicable consumer protection laws, including those enforced by the Federal Trade Commission (FTC). We ensure that all advertising, endorsements, and representations about our Services are truthful and not misleading.
10. Electronic Communications
By using our Services, you consent to receive electronic communications from Qolaba. These communications include notices, agreements, disclosures, and other information we send electronically. You agree that any electronic signatures, contracts, or other records have the same legal effect as traditional paper documents.
17. Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. QOLABA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
18. Contact Us
For any inquiries or concerns regarding our Privacy Policy or data practices, please reach out to us: Communication Channel: You can contact us via email at support@qolaba.ai. Or you can raise a ticket on our discord server. Response Time: We strive to respond to all queries promptly and effectively, ensuring that your concerns and inquiries are addressed satisfactorily. Please expect a response within 72 hrs.
Address
30 N Gould St
Sheridan, WY 82801, USA
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