Terms & Conditions Q1.6

 

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Terms & Conditions

NOTE: This Term of use is only applicable for users of the Q1.6 App.

DISCLAIMER: Please read these Terms of Use carefully before using the Application (as defined below).

In order to use the Product, you must first acknowledge and agree to our Terms of Use. You cannot use the Products without first accepting our Terms of Use. You can agree to our Terms of Use by ticking the “I agree” checkbox in the app.

These Terms of Use (the “Agreement”) describe the terms and conditions under which users (“Users” or “you”) can use the Application (as defined hereafter).

The Product (as defined hereinafter) is operated and managed by Q1.6 BV, registered with the Crossroads Bank of Enterprises under number 0567.741.889 and having its registered office at Turnhoutsebaan 139A, 2140 Antwerp, Belgium or by any of its affiliates (jointly “Q1.6” or “we”). If you have any questions about the Product or this Agreement, please contact us via info@q16.ai

1. Description of the Application

Q1.6 provides a smartphone application (“Q1.6”) that consists of a mobile messaging platform that allows users to answer questionnaires (the “Application”). The Application will be recommended to you by our Client.

By using the Application you will be able to answer questions that have been selected by our Client via your smartphone. The Results (as defined hereinafter) are automatically transferred to our Client in real time through the Platform.

Please note that you are not obliged to install the Application and your refusal to install the Application does not have any impact on your relation with our Client or a Third Party contracted by the Client or the quality of the service you receive from them. Furthermore, Q1.6 would like to draw your attention to the fact that our Client or a Third Party does not analyse or perform any check-up of the Results through the Dashboard in real time. If you think you need immediate assistance, please contact our Client or other relevant party immediately.

2. Definitions

“Account” means your account registered through the registration process in the Application; “Article” means an article of this Agreement;
“Client” means our customer, the person or institution through which you were provided with our Product;
“Dashboard” means the web-based dashboard that is accessible by our Client or a contracted Third Party to allow them to review information about you, including but not limited to the Results;
“Delivery Date” means the date on which you registered your Account;
“Fees” means the amount to be paid by the Client or a Third Party to Q1.6 for the User’s use of the Application;
“Intellectual Property Rights” means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, (f) trade and business names, domain names, database rights, rental rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world;
“Platform” means the online platform on which the Application, and the Dashboard are connected and collectively function;
“Products” means the Application, the Platform, Website;
“Results” means your answers on the questions of the Questionnaire, provided through the Application on your smartphone;
“Questionnaire” means the questionnaire consisting of questions that were compiled by our Client;
“Term” means the Subscription Term;
“Third Parties” means any natural or legal person contracted by the Client to process data; “User Content” shall have the meaning as set forth in Article 6;
“Website” means the website of Q1.6 available at www.q16.ai.

3. Applicability

By ticking the checkbox in the app you acknowledge and agree that your use of the Product is exclusively governed by this Agreement. If you do not agree to any provision of this Agreement, you may not use in any manner the Product.

This Agreement and our Privacy Policy can also be viewed via our Website. In the event the Application, the Platform or the Website uses services of third parties, the terms of service and/or privacy policies of those third parties may apply. By accessing such third party service, you agree to comply with the applicable terms and you acknowledge that you are the sole party to such terms. Q1.6 cannot be held liable in any way with regard to the content of such third parties’ terms or privacy policy.

We reserve the right at any time, and from time to time, with or without cause, to:
● amend this Agreement;
● change the Product (including but not limited to the Application), including eliminating or discontinuing, temporarily or permanently any service or other feature of the Product (including but not limited to the Application) without any liability against the User or any third parties; or
● deny or terminate, in part, temporarily or permanently, your use of and/or access to the Product (including but not limited to the Application).

Any such amendments or changes made will be effective immediately upon us making such changes available in the Application or otherwise providing notice thereof. You agree that your continued use of the Product after such changes constitutes your acceptance of such changes.

You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy and agree to all such terms and conditions.

We advise you to return to this page periodically to ensure familiarity with the most current version of this Agreement.

4. Account and Privacy Rights

By ticking the checkbox in the app to agree with this Agreement and after the User has completed the registration process for obtaining an Account, you explicitly acknowledge that you have access to the purpose of the Application as set forth in this Agreement. This Account can be identified by an anonymous Username which can be viewed in your Settings of the App. In the case of exercising your privacy rights (privacy policy) you will need to provide this Username. More specific if you delete the App from your device, without archiving the anonymous Username, Q1.6 is not able to process your request for deletion and/or withdrawal of your personal data.

5. Use of the Product

To use all features of our Application, your mobile device requires a WIFI or mobile internet connection. The access to such WIFI or mobile internet connection is your sole responsibility. Please make sure that your mobile device meets the minimum system requirements as set out on the download page. If your mobile device does not meet these minimum system requirements, we cannot ensure that the Application will function properly. Q1.6 will not be liable for any loss or damage arising from your failure to comply with the above requirements.

You shall be solely responsible for maintaining the confidentiality and security of your Account login information such as your pin code and password and be fully responsible for all activities that occur under your personal Account. You agree to immediately notify Q1.6 of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Q1.6 will not be liable for any loss or damage arising from your failure to comply with the above requirements.

During the Term, Q1.6 may, in its sole discretion, provide you with updates of the Application. For the avoidance of doubt, Q1.6 is not obligated to provide any updates to the Product.

In the event the Product would render, directly or indirectly, any information which may play a role in taking any medical, legal, financial or other personal or business decisions, such information may not be qualified as medical, legal, financial or other advice given by Q1.6. You should always consult a professional in order to obtain additional information.

6. License – restrictions

1. License by Q1.6. During the Term and subject to the timely payment of the Fees, Q1.6 grants you a non-exclusive, personal, restricted, non-sublicensable and non-transferable license to use the Application and/or the Platform in accordance with this Agreement (“License”). You are not allowed to use the Product for any commercial purposes or to use the Product, or a component of the foregoing in a manner not authorised by Q1.6. You shall use the Application and/ or Platform solely in full compliance with (i) this Agreement; (ii) any additional instructions or policies issued by Q1.6, including, but not limited to, those posted within the Application or on the Website; (iii) any applicable legislation, rules or regulations.

2. Restrictions. You agree to use the Product only for its intended use as set forth in this Agreement. Within the limits of the applicable law, you are not permitted to (i) make the Product available or to sell or rent the Product to any third parties; (ii) adapt, alter, translate or modify in any manner the Product; (iii) sublicense, lease, rent, loan, distribute, or otherwise transfer the Product to any third party; (iv) decompile, reverse engineer, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (v) use or copy the Product except as expressly allowed under this Article 6; (vi) gain unauthorized access to accounts of other users or the IT equipment or structure of Q1.6 to provide the Product or use the Product to conduct or promote any illegal activities; (vii) use the Product to generate unsolicited email advertisements or spam; (viii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (ix) use any high volume automatic, electronic or manual process to access, search or harvest information from the Product (including without limitation robots, spiders or scripts); (x) alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in the Product; (xi) intentionally distribute any worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature or use the Product for any unlawful, invasive, infringing, defamatory or fraudulent purpose; or (xii) remove or in any manner circumvent any technical or other protective measures in the Product. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Product or any part thereof, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the Application.

3. License by User. By uploading, creating, answering the Questionnaire or otherwise providing
information, data or images on or through the Application (“User Content”), and without prejudice to the provisions of our Privacy Policy, you grant Q1.6 a non-exclusive, royalty-free, worldwide, sublicensable, transferable, license to use, copy, store, modify, transmit and display User Content to the extent necessary to provide and maintain the Application and/or the Platform. Q1.6 reserves the right, but is not obliged, to review and remove any User Content which is deemed to be in violation with the provisions of the Agreement or otherwise inappropriate, any rights of third parties (including but not limited to any Intellectual Property Rights) or any applicable legislation or regulation.

 7. Ownership

As between the User and Q1.6, the Product and any and all worldwide Intellectual Property Rights pertaining thereto, are the exclusive property of Q1.6 and/or its licensors.

All rights in and to the Product not expressly granted to the User in this Agreement are reserved by Q1.6 and its licensors. Except as expressly set forth herein, no express or implied license or right of any kind is granted to the User regarding the Product or any part thereof, including any right to obtain possession of any source code, data or other technical material related to the Application.

8. Suspension

1. Suspension for breach. If Q1.6 becomes aware or suspects on reasonable grounds, in its sole discretion, any violation by you of this Agreement or any other instructions, guidelines or policies (including but not limited to the Privacy Policy) issued by Q1.6, then Q1.6 may suspend or limit your access to the Application, the Platform and/or the Website. The duration of any suspension by Q1.6 will be until you have cured the breach which caused such suspension or limitation.

2. Suspension for non payment. If the Fees for the use of the Application by the User are not paid on time by the Client, respectively a third party, Q1.6 might automatically suspend your use of the Application and/or the Platform. The duration of such suspension will continue until all breaches have been cured by Client.

9. Support

In case you need technical support, you can contact Q1.6 at info@q16.ai.

Q1.6 makes all reasonable efforts to respond as quickly as possible to any inquiries of Users.

10. Privacy

Q1.6 is concerned with the protection of your privacy and engages itself to comply with the applicable laws on privacy protection in relation to the processing and its Privacy Policy.

Our Privacy Policy is incorporated by reference in this Agreement. You consent to personal data being collected, used and processed in accordance with our Privacy Policy.

11. Payment

As User of the Application you do not have to pay any consideration to Q1.6.

12. Liability

1. To the maximum extent permitted under applicable law, Q1.6’s liability arising out of or in connection with the Product under this Agreement whether in contract, warranty, tort or otherwise, shall not exceed the amount of 1,000 EUR at the date on which the applicable liability claim arises. Nothing in this Agreement shall limit or exclude Q1.6’s liability for (i) gross negligence; (ii) willful misconduct, (iii) fraud or harm willfully inflicted.

2. To the extent legally permitted under applicable law, Q1.6 shall not be liable to the User, the Client or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, production or use, procurement of substitute services, or property damage arising out of or in connection with the Product under this Agreement, including but not limited to any miscalculations, or the use, misuse, or inability to use the Product, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if Q1.6 have been notified of the likelihood of such damages. The limitation in this Article shall not apply to the obligations of Q1.6 under Article 14 (“Indemnification”).

3. You agree that Q1.6 can only be held liable as per the terms of this Article to the extent damages suffered by you are directly attributable to Q1.6. For the avoidance of doubt, Q1.6 shall not be liable for any claims resulting from (i) your unauthorized use of the Product, (ii) your or any third party’s modification of (any parts) of the Product, (iii) your failure to use the most recent version of the Application made available to you or your failure to integrate or install any corrections to the Application issued by Q1.6, or (iv) your use of the Product in combination with any non-Q1.6 products or services. The exclusions and limitations of liability under this Article shall operate to the benefit of Q1.6 affiliates and subcontractors under this Agreement to the same extent such provisions operate to the benefit of Q1.6.

13. Warranties and disclaimers

1. By Q1.6. EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE 13 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND THE RESULTS ARE PROVIDED “AS IS,” AND Q1.6 MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, COVENANTS OR REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, SUITABILITY, AVAILABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT, INCLUDING THE RESULTS, (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO THE USER BY Q1.6. Q1.6 DOES NOT WARRANT THAT (i) ALL ERRORS CAN BE CORRECTED, OR THAT ACCESS TO OR OPERATION OF THE PRODUCT AND/OR THE OPERATION SHALL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, AND (ii) THE INFORMATION, INCLUDING BUT NOT LIMITED TO THE RESULTS, AVAILABLE ON OR TRANSMITTED BY THE APPLICATION AND/OR THE PLATFORM IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Q1.6 CANNOT BE HELD LIABLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR OUR CLIENT OR A THIRD-PARTY CONTRACTED BY THE CLIENT BASED UPON THE RESULTS TRANSMITTED OR DISPLAYED BY OR ON THE APPLICATION AND/OR THE PLATFORM WHETHER SUCH DATA IS ACCURATE OR INACCURATE. YOU ACKNOWLEDGE AND AGREE THAT OUR CLIENT OR A THIRD-PARTY CONTRACTED BY THE CLIENT, AND NOT Q1.6, IS SOLELY RESPONSIBLE FOR THE INTERPRETATION OF THE RESULTS OR OTHER HEALTHCARE INFORMATION RELATED TO YOU. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCT AND/OR THE RESULTS IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION ON THE INTERNET AND THAT Q1.6 IS NOT RESPONSIBLE FOR ANY LOSSES OF YOUR DATA, INCLUDING BUT NOT LIMITED TO THE RESULTS AND ANY USER CONTENT, IN CONNECTION THEREWITH. Please note that Q1.6 DOES NOT AUTOMATICALLY REVIEW, MONITOR, EVALUATE OR ANALYZE ANY INFORMATION GENERATED FROM THE APPLICATION AND/OR THE PLATFORM. Q1.6 DOES NOT PROVIDE IN ANY WAY MEDICAL ADVICE OR ANY OTHER TYPE OF ADVICE AND THE APPLICATION AND/OR THE PLATFORM IS IN NO WAY INTENDED TO REPLACE CONSULTATION WITH A QUALIFIED MEDICAL PROFESSIONAL OR ANY OTHER TYPE OF PROFESSIONAL.

2. By User. You represent and warrant to Q1.6 that (a) you have the authority to enter into this binding agreement personally and (b) that any User Content provided by you for the use of the Application is accurate and truthful and shall not (i) infringe any Intellectual Property Rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes intended to damage Q1.6’s system or data; or (v) otherwise violate the rights of a third party (including but not limited to any Intellectual Property Rights).You agree and acknowledge that Q1.6 is not obligated to back up any User Content and/or Results.You agree that any use of the Application or the Platform contrary to or in violation of the representations and warranties of User in this Article constitutes unauthorized and improper use of the Application and/or the Platform.

14. Indemnification

1. By Q1.6. Q1.6 shall defend and indemnify you as specified herein against any founded and well-substantiated claims brought by third parties to the extent such claim is based on an infringement of the Intellectual Property Rights of such third party by the Product and excluding any claims resulting from (i) your unauthorized use of the Product, (ii) your or any third party’s modification of any of the Product, (iii) your failure to use the most recent version of the Application made available to you, or your failure to install any corrections or updates to such Application issued by Q1.6, if Q1.6 indicated that such update or correction was required to prevent a potential infringement, or (iv) your use of the Application and/or the Platform in combination with any non-Q1.6 products or services. Such indemnity obligation shall be conditional upon the following: (i) Q1.6 is given prompt written notice of any such claim; (ii) Q1.6 is granted sole control of the defense and settlement of such a claim; (iii) upon Q1.6’s request, the User fully cooperates with Q1.6 in the defense and settlement of such a claim, at Q1.6’s expense; and (iv) the User makes no admission as to Q1.6’s liability in respect of such a claim, nor does the User agree to any settlement in respect of such a claim without Q1.6’s prior written consent. Provided these conditions are met, Q1.6 shall indemnify the User for all damages and costs incurred by the User as a result of such a claim, as awarded by a competent court of final instance, or as agreed to by Q1.6 pursuant to a settlement agreement.In the event the Application and/or the Platform, in Q1.6’s reasonable opinion, are likely to or become the subject of a third-party infringement claim (as per this Article 14.1), Q1.6 shall have the right, at its sole option and expense, to: (i) modify the (allegedly) infringing part of the Application and/or the Platform so that they become non-infringing while preserving equivalent functionality or
(ii) obtain for the User a license to continue using the Application and/or the Platform in
accordance with this Agreement. The foregoing states the entire liability and obligation of Q1.6 and the sole remedy of the User with respect to any infringement or alleged infringement of any Intellectual Property Rights caused by the Product or any part thereof.

2. By User. You hereby agree to indemnify and hold harmless Q1.6 and its current and future affiliates, officers, directors, employees, agents and representatives from each and every demand, claim, loss, liability, or damage of any kind whatsoever, including reasonable attorney’s fees, whether in tort or in contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to (i) any breach or violation by you of any provisions of this Agreement or any other instructions or policies issued by Q1.6; (ii) any User Content violating any Intellectual Property Rights of a third party and (iii) fraud, intentional misconduct, or gross negligence committed by you.

15. Term and termination

1. Q1.6 licenses the Application and/or the Platform for a determined period. The User will be informed about this term together with the code that will be delivered to him / her by our Client. The User will be eligible to receive all major and minor updates and upgrades for the Application during this period. The Agreement can be terminated earlier if (i) the Agreement is terminated in accordance with Articles 15.2 or 15.3 or (ii) the User removes the Application from its mobile device.

2. Termination for breach. Q1.6 may terminate with immediate effect this Agreement and your right to access and use the Application and/or the Platform (i) if Q1.6 believes or has reasonable grounds to suspect that you are violating this Agreement (including but not limited to any violation of the Intellectual Property Rights of Q1.6) or any other guidelines or policies (including but not limited to the Privacy Policy) issued by Q1.6 or (ii) if you remain suspended for non-payment by the Client for more than 60 (sixty) days.

3. Effects of termination. Upon the termination of this Agreement for any reason whatsoever in accordance with the provisions of this Agreement, at the moment of effective termination: (i) you will no longer be authorized to access or use the Application and/or the Platform or otherwise use any of the features or Results offered by or through the Application; (ii) Q1.6 may delete data associated with your Account, including but not limited to User content or the Results, on the Application and/or the Platform and (iii) all rights and obligations of Q1.6 or User under this Agreement shall terminate, except those rights and obligations under those sections specifically designated in Article 16.7.

16. Miscellaneous

Force Majeure. Q1.6 shall not be liable for any failure or delay in the performance of its obligations with regard to the Application if such delay or failure is due to causes beyond our control including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, telecommunications, network, computer, server or Internet downtime, unauthorized access to Q1.6’s information technology systems by third parties or any other cause beyond the reasonable control of Q1.6 (the “Force Majeure Event”). We shall notify you of the nature of such Force Majeure Event and the effect on our ability to perform our obligations under this Agreement and how we plan to mitigate the effect of such Force Majeure Event.

1. Entire agreement. This Agreement (including the Privacy Policy) constitutes the entire agreement and understanding between you and Q1.6 with respect to the subject matter hereof and supersedes all prior oral or written agreements, representations or understandings between the Parties relating to the subject matter hereof. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in this Agreement shall affect, or be used to interpret, change or restrict, the express terms and provisions of this Agreement.

2. Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

3. Waiver. Any failure to enforce any provision of the Agreement shall not constitute a waiver thereof or of any other provision.

4. Assignment. You may not assign or transfer this Agreement or any rights or obligations to any third party. Q1.6 shall be free to (i) transfer or assign (part of) its obligations or rights under the Agreement to one of its affiliates and (ii) to subcontract performance or the support of the performance of this Agreement to its affiliates, to individual contractors and to third party service providers without prior notification to the User.

5. Notices. All notices from Q1.6 intended for receipt by you shall be deemed delivered and effective when these notices have been made available by Q1.6 in the Application.

6. Survival. Articles 7, 12, 13, 15, 16.8 shall survive any termination or expiration of this Agreement.

7. Governing law and jurisdiction. This Agreement shall be exclusively governed by and construed in accordance with the laws of Belgium, without giving effect to any of its conflict of law principles or rules. The courts and tribunals of Antwerp shall have sole jurisdiction should any dispute arise relating to this Agreement.

Last revision: January 2025