QMax™ Terms of Service

Last Updated: November 22, 2023

Overview

We Visual Systems are the creators of QMax™ and we’re on a mission to build construction software that’s adaptable to how your business works. We hope you love our products and services — from QMax™ to the next great idea that we haven’t even thought of yet — as much as we love creating them.

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.

If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), some special terms apply to you as mentioned below.

This Terms of Service document is based on one developed by Automattic (http://wordpress.com/tos/ ) and is licensed under a Creative Commons Attribution-ShareAlike 4.0 license. Hence, we’ve made these Terms available under a Creative Commons Sharealike license , which means that you’re more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise them so that your Terms of Service reflect your actual practices. Also, if you do use these Terms, we’d appreciate a credit and link to VSC somewhere on your website. You can grab a copy of the original Terms and other legal documents on GitHub .

Terms of Service

These Terms govern your access to and use of the products and services we provide through or for QMax.app , vscorp.com , and related sites (such products and services, collectively, “Services”). Please note that QMax-related products and services are intended for commercial use and you acknowledge that your use is that of a representative of a business (as defined by applicable law) and not that of a consumer.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

Your Agreement is with Visual Systems Corporation (VSC) and may be in addition to other agreements with VSC. We refer to Visual Systems Corporation and QMax Services collectively as “VSC,” “Visual Systems,” “QMax,” “us,” or “we” throughout these Terms.

2. Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

We may limit your access to our Services until we’re able to verify your account information, like your email address.

When you create a QMax account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.

Don’t share or misuse your access credentials. Notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. You may notify us at security@qmax.app . If we believe your account has been compromised, we may suspend or disable it.

If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy .

3. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, documents, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. For example:

We don’t have any control over third-party websites.
A link to or from one of our Services does not represent or imply that we endorse any third-party website.
We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
You’re fully responsible for the Content you make available, and any harm resulting from that Content. It’s your responsibility to ensure that your Content abides by applicable laws and by the Agreement.
We aren’t responsible for any harm resulting from anyone’s access, use, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, or use.

5. Fees, Payment, and Renewal

Fees for Paid Services. Some of our Services are offered for a fee, like certain QMax plans (collectively, “Paid Services”). This section applies to any purchases of Paid Services.

By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be different kinds of fees, like some that are one-time, recurring, revenue-based, or volume-based. For recurring fees (a.k.a. subscriptions), your subscription begins on your purchase date, and we’ll bill or charge you in the automatically-renewing interval (such as monthly or annually) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting our support team.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.

Payment. You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it until you request deletion. If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you. You authorize us to charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can’t charge your primary payment method.

Automatic Renewal. By enrolling in a subscription, you authorize us to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless you cancel a subscription, it’ll automatically renew and we’ll charge your payment method(s). You must cancel at least one month before the scheduled end date of any annual subscription and at least 24 hours before the end of any shorter subscription period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.

You can see your renewal date(s), cancel, or manage subscriptions by contacting the support team.

Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.

Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

We may have a “no-show policy” for some Paid Services that require your participation. This means that if you don’t show up for, don’t participate in, or are late for a scheduled session, you’ll still be charged for the Paid Service and won’t be entitled to a refund.

If you cancel your Agreement with us, you will refrain from using the digital content or digital services or making them available to third parties.

6. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.

7. General Representation and Warranty

You represent and warrant that your use of our Services:

Will be in strict accordance with the Agreement;
Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
Will not infringe or misappropriate the intellectual property rights of VSC or any third party;
Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
Will not disclose the personal information of others;
Will not be used to send spam or bulk unsolicited messages;
Will not interfere with, disrupt, or attack any service or network;
Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code, API keys, or other secrets for the Services or any related technology that is not open source; and
Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

8. Specific Service Terms

a. QMax Websites and Accounts

We offer paid plans for QMax’s Services. We don’t own your content, and you retain all ownership rights you have in the Content and data you add to QMax.

Removing Content. If you delete Content, we’ll use reasonable efforts to remove it from public view where possible on QMax, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable. Content you send via email from QMax, for example, might not be removable.

Web Traffic. We may use a third-party service to measure QMax’s audience and usage.

b. Artificial Intelligence

We may offer features that incorporate artificial intelligence (AI), like reports, that enable you to use AI to generate reports or other content.

As between you and VSC, and to the extent permitted by law, you own or have the rights to any content you input into AI features (“Input”) and any content generated by the AI features (“Output”).

You’re responsible for your Input, the use of any Output, and for complying with any applicable laws. AI may occasionally generate Output that’s inaccurate, irrelevant, offensive, harmful, or similar to others’ content. Please see our AI Guidelines for the policies you must comply with when you use AI features, details about the third-party providers we use to provide AI features, and helpful information about AI generally.

9. Copyright Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice.

10. Intellectual Property

The Agreement doesn’t transfer any VSC or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between VSC and you) solely with VSC. Visual Systems Corporation, QMax, and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of VSC (or VSC’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any VSC or third-party trademarks.

11. Third-Party Services

While using the Services, you may enable, use, or purchase services, products, or software provided or manufactured by a third-party (“Third-Party Services”). Some Third-Party Services are provided via QMax integrations.

If you use any Third-Party Services, you understand and agree that:

Third-Party Services aren’t vetted, endorsed, or controlled by VSC.
Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to you or anyone else for Third-Party Services.
Even if you purchase a third-party service or product, any services related to that service or product are subject to and governed by the terms and policies of the third party (“Third Party”).
Some Third-Party Services may request or require access to your data. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.

In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account.

12. Changes

We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve modified the Terms, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and canceling any subscription you have.

13. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username and/or company identifier due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any VSC policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict access within your company, or terminate your access to the Services, if we believe your use of the Services overburdens our systems, or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.

You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

14. Disclaimers

Our Services are provided “as is.” VSC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither VSC, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

15. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Minnesota, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Dakota County, Minnesota, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.

16. Limitation of Liability

In no event will VSC, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to VSC under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. VSC shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

17. Indemnification

You agree to indemnify and hold harmless VSC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services or applicable law, and Content that you add.

18. US Economic Sanctions

You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC’s Specially Designated Nationals and Persons List , or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause VSC to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.

19. Data Processing Agreement

[Not applicable]

20. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

21. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between VSC and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

VSC may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.