Terms Of Service - AidQuest

By AidQuest TERMS OF USE

Legal Information & Notices

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the website located at www.AidQuest.com, and all associated sites linked to www.AidQuest.com, its app (i.e., an application as downloaded by a user to a mobile device, such as a smartphone or a tablet), and its chat platform by AidQuest, its subsidiaries, and affiliates, including AidQuest sites around the world (collectively, the “Site”). The Site is the property of AidQuest. (“Company” or “AidQuest”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Definitions

Affiliate: means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
AidQuest License: The AidQuest per user license is an application that is on a per user, per month basis that provides a platform for the Home Care Agency to interact with potential clients (consumers or a consumer’s representative), as well as connecting potential caregivers with the Home Care Agency. The platform is available via the web, app, and chat, and strives to assist with applications and tools for the Home Care Agency.
Section Headings. Section Headings are for reference only and shall not affect the meaning or interpretation of this MSA.
Services: AIDQUEST is a white label App and Chat platform that connects potential customers with a home care agency based on their specific needs. The solution also provides capturing applicant data for those who are looking for work as caregivers. The results of these transactions are submitted to designated agency communications preferences.
Software: Means AidQuest’s software including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material.
Third-Party Products or Software: Any products manufactured or software provided by a party other than AidQuest, and may include, without limitation, products or services ordered by Client from third parties pursuant to AidQuest’s recommendation.
Triggering Event: Occurs when the Customer cancels the utilization of Services as expressed herein.
Writing: A written or printed document essential to validating the agreements between the Parties. Company may require a signature from each party for certain agreements.

Terms and Conditions

Granting of License. AidQuest grants to Client a non-exclusive, non-transferable license to use the Software on smartphones, tablets, and desktop workstations solely for the period of the Term.
General Scope, Provision of Services, Invoicing and Payment. AidQuest shall provide Services to Client. Client shall provide a credit card through AidQuest’s online payment system, which shall be charged on a monthly basis and reflect the appropriate category set forth in the Cost for Services. Invoices are generated monthly and sent through the online payment system.
Term and Renewal. AidQuest may provide a free trial period (“Trial Period”) or a pilot period (“Pilot Period”) to new customers. Subsequently, the term is on a month-to-month basis, which begins on the 1^st day after the free Trial Period or the 1st day of the following month after the free trial period. If the Client wishes to continue Services, then the relevant pricing, which is set out in the Cost for Services Section applies. Renewal shall be automatic on a month-to-month basis.
Cost for Services. For latest pricing refer to: https://aidquest.com/pricing/
Cancellations, Changes and Refunds. A Client may cancel at any time during the Trial Period without further obligations. After the Trial Period, the Client must provide a thirty (30) day, written notice to AidQuest through the following email address support@AidQuest.com, indicating its request to cancel Services. Client shall be charged through the last day of the 30 day cancellation period. Client is responsible for removal of AidQuest JavaScript code from their website upon cancellation of service. By not doing so, chat feature may stay active and Client may continue to incur fees for receiving chat leads. In general, AidQuest does not provide refunds. If you believe a chat lead was submitted in error, please contact us at support@aidquest.com.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent.

You may use information on Company products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Company for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Company reserves the right to use chat conversations that do not meet a Client’s criteria (i.e. location) for its own business purposes.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site and/or that violates a law. Company reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Company server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Company, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Company’s systems or networks, or any systems or networks connected to the Site or to Company.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Company’s obligations, if any, with regard to its products and services are governed solely by the agreements with its clients pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Company may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Company makes no commitment to update, in real time, the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

https://AidQuest.com/legal

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords, and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a Login ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Company or any other user of or visitor to the Site due to someone else using your Login ID, password, or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Login ID, password, or account at any time without the express permission and consent of the holder of that Login ID, password, or account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Company’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Company’s Privacy Policy, https://AidQuest.com/legal/privacypolicy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the AidQuest Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Company’s control, and Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability and Indemnification

Limitation of Liability. Neither Party shall have any liability to the other for: (a) any indirect, special, punitive, incidental or consequential loss or damage of any kind whatsoever; or (b) any loss of profits, loss of revenue, anticipated savings, loss of business or loss of data, arising directly or indirectly from this Agreement whether such damages were reasonably foreseeable or actually foreseen.

In the event suit is brought against AidQuest for infringements, violations or misappropriations of a valid third party patent, copyright or other proprietary right, by the Client, its affiliates, employees, assigns or customers, Client hereby agrees to indemnify, defend, and hold harmless to the fullest extent of the law AidQuest, its officers, directors, general partner, limited partners and/or employees, including reimbursement for its reasonable attorney’s fees; provided that Client is notified promptly in writing of such suit. AidQuest reserves the right to retain counsel of its choice.

Except where prohibited by law, in no event will Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Company has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Company’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Company (but not including the purchase price for any Company products or any similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Violation of These Terms of Use

Company may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Company’s rights or property, or the rights or property of visitors to or users of the Site, including Company’s customers. Company reserves the right at all times to disclose any information that Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. Company also may disclose your information when Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Company may preserve any transmittal or communication by you with Company through the Site or any service offered on or through the Site or app, and may also disclose such data if required to do so by law or Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Company, its employees, users of or visitors to the Site, and the public.

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity.

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Company does take any legal action against you as a result of your violation of these Terms of Use, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Company. You agree that Company will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Company and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Warranty

Warranties for Service. Company warrants to Client that Services will be carried out in a professional and workmanlike manner by qualified personnel. Company further warrants that it shall perform Services in a good and diligent manner in accordance with industry standards.
Warranty Support Limitations. The warranties provided in this Section do not cover repair for damages, malfunctions, or performance characteristics, including but not limited to the Client’s installation of software or firmware updates and patches; and/or Force Majeure conditions.

Confidentiality

Confidential Information. Shall mean confidential and proprietary business information including, but not limited to, Inventions, proprietary information and business matters or affairs (including, but not limited to, information relating to inventions, disclosures, processes, systems, methods, formulas, patents, patent applications, machinery, materials, research activities and plans, business proposals, production cost data, contracts, forms, information concerning competitive strengths and weaknesses, intellectual property, trade secrets, promotional methods, customer preferences, customer account information, business plans and strategies, procedures, sales and pricing information, advertising information, product samples and designs, financial information, employee information , as well as information of a. confidential or proprietary nature or personally identifiable information received from customers [clients], suppliers, contractors, licensors, joint ventures, employees and other collaborators), and computer programs, software and documents relating to any of the foregoing, regardless of the form or medium contained or stored in (including electronic or digital form), as well as multiple versions and copies of each. Such Confidential Information shall include, for purposes of this Agreement, any such information not generally known by the trade or public, even though such information has been disclosed to one or more third parties pursuant to licensing or distribution agreements or other agreements or collaborations entered into by either Party.

Confidential information does not include information that either is public information, becomes public information during the course of the relationship, or is proven by written evidence to have been independently developed by recipient prior to the disclosure by the disclosing party without any reference to the Confidential Information.

Mutual Obligations. The definition of Confidential Information applies equally to the Parties. The requirements to protect the privacy and security of all data is set forth in the Privacy and Security Agreement, which is also executed by the Parties.

Miscellaneous

Downtime for Maintenance. At various times, as required to keep the software, website, and app secure, the Service may be taken offline for updates, backups, or maintenance. Unless a security update is deemed to be urgent, downtime will be scheduled during off-peak hours, so as to minimize disruption.
Third-Party Software. Third-Party Software provided by AidQuest to Client shall be subject to the license terms and conditions of such Software.

Trade Secrets. Licensee agrees that Software is the sole property of AidQuest and includes valuable trade secrets of AidQuest. Licensee agrees to treat Software as confidential and will not without the express written authorization of AidQuest:

> Demonstrate, copy, sell or market Software to any third party;

> Publish or otherwise disclose information relating to performance or quality of the Software to any third party; or

> Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.

Void Where Prohibited

Company administers and operates the www.AidQuest.com Site from its location in California USA; other Company sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Company, Company will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. AidQuest shall be free to use such information on an unrestricted basis.

support@aidquest.com

Updated on July 25, 2022.