Terms of Service 2018-10-31T14:34:57+00:00

Terms of Service

Effective: October 1, 2018

These Terms govern your access to and use of Appliqant, operated and provided by Quantilus Innovation Inc., including any Appliqant mobile applications and websites (“Appliqant Services” or “Appliqant”) and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on Appliqant (collectively referred to as “Content”). Your access to and use of Appliqant is conditioned on your acceptance of and compliance with these Terms. By accessing or using Appliqant Services you agree to be bound by these Terms.

  1. Basic Terms

You are responsible for your use of Appliqant Services, for any Content you post to Appliqant, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users and through third party services and websites. You should only provide Content you are comfortable sharing with others under these Terms.

You may use Appliqant only if you can form a binding contract with Quantilus Innovation Inc. and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using Appliqant on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use Appliqant only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Appliqant Services are always evolving and the form and nature of Appliqant may change from time to time without prior notice to you. In addition, Quantilus Innovation Inc. may stop (permanently or temporarily) providing Appliqant (or any features within Appliqant) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

You may not use Appliqant services if you are under the minimum required ages specified herein. Residents of the European Union must be at least 18. Persons outside of the EU must be at least 16. Persons who are under 18 must obtain parental consent to use our services.

  1. Privacy

Our collection and use of your information is governed by the Appliqant Privacy Statement. You understand that through your use of Appliqant you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Quantilus Innovation Inc. As part of providing you the Appliqant Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Appliqant Services and your Appliqant account, which you may not be able to opt-out from receiving.

  1. Content on Appliqant

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via Appliqant and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via Appliqant or obtained by you through Appliqant is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via Appliqant or endorse any opinions expressed via Appliqant. You understand that by using Appliqant, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Quantilus Innovation Inc. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Appliqant or broadcast elsewhere.

  1. Content Rights

Quantilus Innovation Inc. has full rights to content you submit, post or display on or through Appliqant.

By submitting, posting or displaying Content on or through Appliqant, you grant us a worldwide, non-exclusive, royalty-free right (with the right to license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this includes the right for Quantilus Innovation Inc. to provide, promote, and improve Appliqant and to make Content submitted to or through Appliqant available to other companies, organizations or individuals who partner with Quantilus Innovation Inc. for screening and recruiting candidates, subject to our terms and conditions for such Content use.

Such additional uses by Quantilus Innovation Inc., or other companies, organizations or individuals who partner with Quantilus Innovation Inc., may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through Appliqant.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of Appliqant, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Quantilus Innovation Inc. will not be responsible or liable for any use of your Content by Quantilus Innovation Inc. in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

  1. Your License to Use Appliqant

Quantilus Innovation Inc. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Quantilus Innovation Inc. as part of the Appliqant Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of Appliqant as provided by Quantilus Innovation Inc., in the manner permitted by these Terms.

  1. Appliqant Rights

All rights, title, and interest in and to Appliqant Services (excluding Content provided by users) are and will remain the exclusive property of Quantilus Innovation Inc. and its licensors. Appliqant is protected by copyright, trademark, and other laws of both the United States and foreign countries. Quantilus Innovation Inc. reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Quantilus Innovation Inc. or Appliqant Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

  1. Restrictions on Content and Use of Appliqant

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Quantilus Innovation Inc., its users and the public.

  1. Ending These Terms

The Terms will continue to apply until terminated by either you or Quantilus Innovation Inc. as follows.

You may end your legal agreement with Quantilus Innovation Inc. at any time for any reason by deactivating your accounts and discontinuing your use of Appliqant.

We may suspend or terminate your accounts or cease providing you with all or part of Appliqant Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of Appliqant Services to you is no longer commercially viable. We will make reasonable efforts to notify you through the Appliqant Services, or the next time you attempt to access your account, or by an email address you have provided us (if applicable).

In all such cases, the Terms shall terminate, including, without limitation, your license to use Appliqant Services, except that the following sections shall continue to apply: 3, 4, 6, 7 and 9.

Nothing in this section shall affect the rights of Quantilus Innovation Inc. to change, limit or stop the provision of Appliqant Services without prior notice, as provided above in section 1.

  1. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Quantilus Innovation Inc. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Quantilus Innovation Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

  • Appliqant Services Are Available “AS-IS”

Your access to and use of Appliqant Services or any Content is at your own risk. You understand and agree that Appliqant Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, QUANTILUS INNOVATION INC. DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Quantilus Innovation Inc. makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of Appliqant or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of Appliqant, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Appliqant; (iv) whether Appliqant will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Quantilus Innovation Entities or through Appliqant, will create any warranty not expressly made herein.

  • Links

Appliqant Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Quantilus Innovation Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

  • Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Quantilus Innovation Inc. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE Appliqant; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON Appliqant, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM Appliqant; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE QUEST ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  1. General Terms
  • Waiver and Severability

The failure of Quantilus Innovation Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

  • Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with Appliqant Services will be brought solely in the federal or state courts located in Manhattan, New York, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

  • Entire Agreement

These Terms, the Appliqant Privacy Policy and our Cookie Policy are the entire and exclusive agreement between Quantilus Innovation Inc. and you regarding Appliqant Services (excluding any services for which you have a separate agreement with Quantilus Innovation Inc. that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Quantilus Innovation Inc. and you regarding Appliqant Services.

We may revise these Terms from time to time. By continuing to access or use Appliqant Services after those revisions become effective, you agree to be bound by the revised Terms.

If you live in the United States, these Terms are an agreement between you and Quantilus Innovation Inc., 61 Broadway, 11th Fl, New York, NY, U.S.A.

If you have any questions about these Terms, please contact us at info@appliqant.com.

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