Terms & Condition

Updated at 2024-01-16

Welcome to IQUE, a product of IQUE. (“IQUE,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website, applications, and other products and services (collectively, the “Services”). By accessing or using any part of the Services, you agree to comply with and be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Services.

1. Acceptance of Terms

By accessing and using IQUE, you confirm that you have read, understood, and agreed to be bound by these Terms of Service and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have the authority to bind the organization to these Terms.

2. Description of Services

IQUE is a powerful AI-driven automation tool designed to help businesses, marketers, and creators streamline communications through intelligent chatbots, AI calling features, and deep integration with social media platforms like Facebook, Instagram, WhatsApp, Telegram, and more. Users can create, train, manage, and deploy AI-powered agents and communication workflows to enhance productivity and customer engagement.

Our platform includes, but is not limited to:

  • AI chatbot builder and trainer

  • AI Calling system

  • Multichannel messaging automation

  • Integration with third-party platforms and APIs

  • Sentiment analysis and reporting

  • User dashboard and analytics

  • Support ticket and escalation routing

We reserve the right to modify, enhance, or discontinue the Services at any time, with or without notice, at our sole discretion.

3. Eligibility

You must be at least 18 years of age, or the legal age of majority in your jurisdiction, to use the Services. By using our Services, you represent and warrant that you meet the eligibility requirements.

4. Account Registration and Security

To access certain features of IQUE, you must register for an account. When registering, you agree to:

  • Provide accurate, current, and complete information about yourself.

  • Maintain and promptly update your account information.

  • Keep your login credentials secure and confidential.

  • Notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter is inaccurate, false, or misleading.

5. User Conduct and Responsibilities

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:

  • Use the Services in any way that violates applicable laws or regulations.

  • Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.

  • Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks.

  • Introduce viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Interfere with or disrupt the integrity or performance of the Services or data contained therein.

6. Intellectual Property Rights

All intellectual property rights in the Services and its original content, features, and functionality are and will remain the exclusive property of IQUE. This includes, but is not limited to, all text, graphics, logos, icons, images, audio clips, video clips, code, and software.

You may not use, reproduce, distribute, or create derivative works of any part of the Services without our prior written consent.

7. Subscription and Payments

Certain features of IQUE may be available through paid subscriptions. By subscribing, you agree to pay the applicable fees, taxes, and any other charges. All payments are non-refundable unless otherwise stated.

We may change our fees and payment policies at any time, and such changes will take effect after notice is provided to you.

8. Third-Party Integrations

IQUE may contain links to or allow integration with third-party services such as Facebook, Instagram, WhatsApp, Telegram, and more. We do not control these third-party services and are not responsible for their content, policies, or practices. Your use of third-party services is at your own risk and subject to their terms and policies.

9. Data Protection and Privacy

Your use of the Services is subject to our Privacy Policy, which outlines how we collect, use, and protect your data. By using the Services, you consent to our data practices as described in the Privacy Policy.

10. Termination and Suspension

We may suspend or terminate your access to the Services at our sole discretion, without notice or liability, for any reason, including but not limited to:

  • Violation of these Terms

  • Illegal or fraudulent activity

  • Security or technical issues

Upon termination, your right to use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive.

11. Disclaimers

The Services are provided on an “as-is” and “as-available” basis. We make no warranties, expressed or implied, regarding the Services, including but not limited to:

  • Merchantability

  • Fitness for a particular purpose

  • Accuracy or reliability of results

We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free.

12. Limitation of Liability

To the maximum extent permitted by law, IQUE shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits

  • Data loss

  • Business interruption

Even if we have been advised of the possibility of such damages, our total liability shall not exceed the amount paid by you to us for the Services in the twelve (12) months preceding the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless IQUE, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt resulting from:

  • Your use of the Services

  • Your violation of any term of these Terms

  • Your violation of any third-party rights

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of United States of America. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in United States of America.

15. Cookies

IQUE uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored
on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our
app but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable
or you would be required to enter your login details every time you visit the app as we would not be able to remember that you
had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you
may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in
Cookies.

16. Changes of Terms

We reserve the right to update or modify these Terms at any time. We will notify you of changes by posting the revised Terms on our website and updating the “Effective Date.” Continued use of the Services after any such changes constitutes your acceptance of the new Terms.

17. Modifications to Our app

IQUE reserves the right to modify, suspend or discontinue, temporarily or permanently, the app or any service to which
it connects, with or without notice and without liability to you.

18. Updates of our App

IQUE may from time to time provide enhancements or improvements to the features/ functionality of the app, which may
include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the app. You agree that IQUE  has no obligation
to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the app, and (ii) subject to the terms and
conditions of this Agreement.

19. Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our app constitutes an infringement on your
copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner
or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact
information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief
that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification
is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

20. Indemnification

You agree to indemnify and hold IQUE and its parents, subsidiaries, affiliates, officers, employees, agents, partners and
licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use
of the app; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

21. No Warranties

The app is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the
maximum extent permitted under applicable law, IQUE, on its own behalf and on behalf of its affiliates and its and their
respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise,
with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, IQUE provides no warranty or undertaking, and makes no representation of any kind
that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, , systems
or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or
defects can or will be corrected.

Without limiting the foregoing, neither IQUE nor any IQUE’s provider makes any representation or warranty of
any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or
products included thereon; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of
any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on
behalf of IQUE are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory
rights of a consumer, so some or all of the above exclusions and limitations may not apply to you

22. Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of IQUE and any of its suppliers under any
provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you
for the app.

To the maximum extent permitted by applicable law, in no event shall IQUE or its suppliers be liable for any special,
incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of
data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to
the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in
connection with any provision of this Agreement), even if IQUE or any supplier has been advised of the possibility of
such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation
or exclusion may not apply to you.

23. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions
will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by IQUE on the Services, shall
constitute the entire agreement between you and IQUE concerning the Services. If any provision of this Agreement is
deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be
deemed a further or continuing waiver of such term or any other term, and IQUE.”’s” failure to assert any right or
provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND IQUE AGREE THAT
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

24. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall
not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a
breach constitute waiver of any subsequent breach.

o failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall
operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement
preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any
applicable purchase or other terms, the terms of this Agreement shall govern.

25. Intellectual Property

The app and its entire contents, features and functionality (including but not limited to all information, software, text, displays,
images, video and audio, and the design, selection and arrangement thereof), are owned by IQUE, its licensors or other
providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and
other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or
distributed in any way, in whole or in part, without the express prior written permission of IQUE, unless and except as is
expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

26. Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE
OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR IQUE.”’s” INTELLECTUAL
PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and IQUE
concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal
or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law

27. Notice of Dispute

In the event of a dispute, you or IQUE must give the other a Notice of Dispute, which is a written statement that sets
forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief
requested. You must send any Notice of Dispute via email to: [email protected]. IQUE will send any Notice of
Dispute to you by mail to your address if we have it, or otherwise to your email address. You and IQUE will attempt to
resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty
(60) days, you or IQUE may commence arbitration.

28. Binding Arbitration

If you and IQUE don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be
conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in
as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or
preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property
pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the
prevailing party shall be borne by the non-prevailing party.

29. Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or
proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree
that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of
UOQUE without any compensation or credit to you whatsoever. IQUE and its affiliates shall have no obligations
with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in
any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using
such ideas.

30. Promotions

IQUE may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require
you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules
that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to
read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to
abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and
conditions are made a part of this Agreement by this reference

31. Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we
shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall
have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to
your credit card account or other payment account in the amount of the charge.

32. Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be
unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of
these Terms & Conditions will be effective only if in writing and signed by an authorized representative of IQUE.
IQUE will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the
event of any breach or anticipatory breach by you. IQUE operates and controls the IQUE Service from its
offices in United States. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the
IQUE Service from other locations do so on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the IQUE
Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and IQUE
concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for
convenience only and will not be given any legal import

33. Disclaimer

IQUE is not responsible for any content, code or any other imprecision.

IQUE does not provide warranties or guarantees.

In no event shall IQUE be liable for any special, direct, indirect, consequential, or incidental damages or any damages
whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service
or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on
the Service at any time without prior notice.

The IQUE Service and its contents are provided “as is” and “as available” without any warranty or representations of
any kind, whether express or implied. IQUE is a distributor and not a publisher of the content supplied by third parties;
as such, IQUE exercises no editorial control over such content and makes no warranty or representation as to the
accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the
IQUE Service. Without limiting the foregoing, IQUE specifically disclaims all warranties and representations in
any content transmitted on or in connection with the IQUE Service or on sites that may appear as links on the
IQUE Service, or in the products provided as a part of, or otherwise in connection with, the IQUE Service,
including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party
rights. No oral advice or written information given by IQUE or any of its affiliates, employees, officers, directors, agents,
or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the
foregoing, IQUE does not warrant that the IQUE Service will be uninterrupted, uncorrupted, timely, or
error-free.

34. Disclaimer

Contact Us
Don’t hesitate to contact us if you have any questions.
● Via Email: [email protected]