Agreement & Acceptance

• Prominare infosolution (Pvt) Ltd (prominare, "clouboq", "we", "us" and terms of similar meaning) provides this web site and the services provided by or through the web site cloudboq.qsondemand.com to you, and are subject to these terms and conditions of use.
• Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
• The Terms will always show the "last updated" date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at support@qsondemand.com
• The Services are not intended to be used by children. You must be of legal age to enter into a binding agreement in order to accept the Terms.
• You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.

Service Description

• "CloudBoQ" a sub product of qsondemand is an Architectural Estimation software accessed on the internet as a SaaS Service.
• You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services.
• You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

Beta Service

• We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation.
• You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services.
• You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you.
• You agree that Prominare will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Modification of Terms of Service

• We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address.
• If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the cloudboq Services by providing Prominare notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services.
• In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.

User Sign up Obligations

• You need to sign up for a user account by providing all required information in order to access or use the Services.
• If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your contact information.
• You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete, c) maintain the security of your password, d) accept at risks of unauthorised access to the registration data and any other information you provide to Prominare Cloud Services to keep it accurate, current and complete.
• If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Prominare has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Prominare may terminate your user account and refuse current or future use of any or all of the Services.
• You agree that you are responsible for all activity on your cloudboq account, and for all charges incurred by your use of these accounts.

Personal Information and Privacy

• Personal information you provide to CloudBoQ through the Service is governed by CloudBoQ Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the CloudBoQ Privacy Policy.
• You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@qsondemand.com.
• We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account.

Communications from Prominare

• The Service may include certain communications from Prominare, such as service announcements, administrative messages and newsletters.
• You understand that these communications shall be considered part of using the Services.
• As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us.
• However, you will not be able to opt-out from receiving service announcements and administrative messages.

Complaints

• If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy CloudBoQ in the communication.
• If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by CloudBoQ to the complainant.

Fees and Payments

• The Services are available under subscription plans. Payments for subscription plans of duration of less than a year can be made by Debit/Credit Card or payment gateway. Your subscription will not be automatically renewed at the end of each subscription period unless you renew your paid subscription plan for each project. If you do not renew the account, all projects will be disabled.
• From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle.
• You will not be charged for using any Service unless you have opted for a paid subscription plan.

Billing: CloudBoQ

• Customer is billed one time for setup for activation and individually for each project space or for the account they have created in the System.
• To decide whether the System meets Customer's requirements, they can create a new project space in the System and access it free of charge for 1 month from the day when the project space was created.
• After the 1 month trial period, Customer pays the activation/provisioning fee to be enlisted as a subscriber. The subscriber, till activation can continue to access the trial project with full features Professional Plan) for a month after Activation without any payment, after which the plan will be converted into Basic plan. After Activation/setup each project has to be upgraded to "Standard plan" and subscribed individually for advanced features
• The Subscriber can create certain number of projects in the "Basic" Plan, and create estimate by the traditional method of doing "takeoffs" using CAD packages and direct entry of values into the system.
• It is only when the subscriber requires to use the software’s unique "Onscreen Digital takeoffs" {OSDT} directly from PDF drawings, or invite collaborators to share the project and do "takeoffs" on their behalf that the subscriber, that he has to select "Standard" or "Professional" plan and make payments for accessing its respective features.

Restrictions on Use

• In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of cloudboq ; (vii) violate any applicable local, state, national or international law; (viii) create a false identity to mislead any person as to the identity or origin of any communication.

Spamming and Illegal Activities

• You agree to be solely responsible for the contents of your transmissions through the Services.
• You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another.
• You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Subscription expired User Accounts Policy

• An account is considered Unsubscribed if the yearly activation/ basic subscription plan is not activated or renewed.
• We reserve the right to terminate unpaid user accounts that remain unsubscribed for a uninterrupted period of 360 days.
• In the event of such termination, all data associated with such user account will be deleted.
• We will provide you prior notice of such termination and option to back-up your data.
• The data deletion policy may be implemented with respect to any or all of the Services.
• Each collaborator will be considered as independent and separate service for the purpose of calculating the period of inactivity. In other words, subscribed status in one of the collaborator is not sufficient to keep your account in unsubscribed status if not renewed. In case of termination projects shared to collaborators will also cease to be displayed.

Data Ownership

• We respect your right to ownership of content created or stored by you.
• You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Prominare the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for clouboq’s commercial, marketing or any similar purpose.
• But you grant cloudboq permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

User Generated Content

• You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication.
• Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available.
• Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.
• In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner.
• Further, by making any content available in the manner aforementioned, you expressly agree that Prominare will have the right to block access to or remove such content made available by you if Pominare receives complaints concerning any illegality or infringement of third party rights in such content.
• By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Prominare for this purpose.

Sample files and Applications

• Prominare may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes.
• The information contained in any such sample files and applications consists of random data.
• Prominare makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Trademark

• CloudBoQ is the name of an individual Services, and its logo is a trademarks of Prominare Info solutions. You agree not to display or use, in any manner, the cloudboq trademarks, without Prominare’s prior permission.

Disclaimer of Warranties

• You expressly understand and agree that the use of the services is at your sole risk.
• The services are provided on an as-is-and-as-available basis. Cloudboq expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
• Cloudboq makes no warranty that the services will be uninterrupted, timely, secure, or error free.
• Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material.
• No advice or information, whether written or oral, obtained by you from Cloudboq, its employees or representatives shall create any warranty not expressly stated in the terms.
• Prominare or cloudboq does not vouch for the authenticity or due diligence of the services delivered to its customers through its empanelled experts. Prominare shall also not be liable for, or accountable for any errors, omissions, delays, due diligence defects found in deliveries or for unprofessional conduct or any disputes occurring between the customer and the professional expert.

Limitation of Liability

• You agree that Cloudboq shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if Cloudboq has been advised of the possibility of such damage. In no event shall Cloudboq’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.

Indemnification

• You agree to indemnify and hold harmless Prominare, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Prominare.

Arbitration

• Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the IPC (India).
• Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
• The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Ernakulam, Kerala and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
• Notwithstanding anything to the contrary, Prominare may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension and Termination

• We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies.
• Objections to suspension or disabling of user accounts should be made to support@qsondemand.com within thirty days of being notified about the suspension.
• Not withstanding the cool off period of 1 year to terminate and delete user data, we can terminate a suspended or disabled user account and delete all data after thirty days on request from user.
• In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service.
• You have the right to terminate your user account if Prominare breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees.
• Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

30 Day Free Trial Period

• Prominare Info Solutions (P) ltd offers cloudboq to companies & individuals under a 30-day free trial period program. The trial period begins immediately upon trial project activation.
• Upon activation, potential subscribers will be notified by e-mail of the date of their trial's expiration.
• After completion of the 30 days free trial period, the user is invited to become a basic plan subscriber by paying the yearly account provisioning fee . On paying this activation fee the user is allowed unlimited access to the Basic plan. On Non Activation the user can continue the "Basic" plan for a limited number of project free of charge. Only if the standard/ professional plan account is activated, each project can be independently subscribed to "Standard" plan or subscribe to full access professional plan, depending on the need to use onscreen digital takeoff, use rate analysis or do collaboration.
• The Activation/Provisioning fee is to be to be paid for using Paid Standard/ professional OSDT estimating plans. If the account is inactivated Prominare shall hold the account under suspended state for a period of 12 months within which the user can reconsider the revival of the account.
• If the paid account is not renewed within the "suspended period" of 1 year period, the account will be considered as terminated, and all data in the account shall be deleted.
• Alternately a subscribed customer can cancel his account as per cancellation policy listed below.

Refund Policy

• Billing month starts from the moment when payment is successfully processed.
• Payments for the billing month that is already started are non-refundable under any conditions.
• You can request a refund only for the part of your payment which belongs to the billing month period of time not yet started.
• For example, if you purchased 3 billing months of subscription at one go and decided to cancel subscription, we will refund you the part of the payment for the remaining 2 billing month as the first month of your subscription had already started by the moment of refund request.
• Yearly Activation/Subscription fee paid will not be refundable.

Cancellation Policy

• You can cancel your subscription any time you like on emailing to contact@prominareinfosol.com.
• From the moment of the cancellation request you won't be charged for your subscription anymore except for any outstanding amounts from the current or previous periods.

Chargebacks Handling Policy

• Upon receiving chargeback we immediately stop your account and block access to all software/services you subscribed.