Terms & Conditions

Terms of Service Privacy Policy

Terms of Service

Last Updated April 29, 2024.

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Terms of Service
‍Last Updated April 29, 2024. Thank you for using Tquens. Tquens exists to develop software and automation solutions to help users streamline and optimize workflows, achieving higher quality results. With countless people using Tquens on a daily basis, the following are Terms of Service that outline what it looks like to use Tquens.

Please read these Terms of Service (“Terms”) carefully as they are a binding agreement between You, the user (“You” or “Your” or “User”), and Tquens (“Tquens” or “We” or “Us”).

These Terms govern your use of the websites that link to these Terms. In these Terms, the word “Sites” refers to each of these websites and the services offered on those Sites.

You automatically agree to these Terms and to our Privacy Statement simply by using or logging into the Sites.

Please note that Tquens offers many services. Your use of Tquens products or services are provided by Tquens pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with Tquens, if you use the services or log into the Sites.

Please read these Terms carefully. BY USING THE SERVICE AND THE SITES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE OR SITES.

Services and Terms
- Service and Website. Tquens provides software and automation services and solutions intended to assist merchants selling on online platforms. Tquens is owned and operated by Tquens Inc.
- Customer. As a customer and/or User of the Service or a representative of an entity that is a customer of the Service, You are a “Member” according to this agreement. You represent that You have full power, capacity and authority to accept these Terms on behalf of Yourself or Your employer.
- Account Requirements. To set up an account and use the Service You must: Be 18 years of age, or the age of majority in your province, territory or country, to become a Member. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
Provide Your legal full name, valid email address, zip code, and any
other information we request to complete your account-signup process.
Provide Tquens with one or more Payment Methods when the Service requires. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include
payment through your account with a third party.
Personally and manually create Your account without using any
automated means, except for any auto-complete feature offered by your internet service provider. A third party may not create an account for You and You must not allow any third party to use Your information to create an account.

- Account Ownership. The member who created the account and whose Payment Method is charged (the “Account Owner”) has access to and control over the account and is responsible for any activity that occurs through the account. To maintain control over the account and prevent anyone from accessing the account, the Account Owner should maintain control over access to the Service and not reveal the password or details of the Payment Method associated with the account to anyone. Account owners are not allowed to share their account, log-in or any other access related credentials with any other party unless explicitly stated otherwise in the details related to the specific plan they purchased. Absent an explicit multi-user authorization, all accounts are intended for single-use only. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you and/or Tquens. You must immediately notify us of any unauthorized use of your account. We will not be liable for any loss or damage from your failure to comply with this security obligation.

- Changes to Service. In its sole discretion, Tquens may discontinue offering the Service, Tquens Platform or Technology, in whole or in part, or modify any design, layout, features, functionality, tools or content of the Service, Tquens Platform, and/or Technology, at any time, for any reason or no reason, with or without notice to You (although Tquens has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions). Any new features provided by Tquens which augment or enhance the current Service, Technology, and/or Tquens Platform, including the release of new tools or resources, updates and upgrades by Tquens, may result in Additional Fees to User which shall be due and payable by the User pursuant to a mutually executed modification or addendum to the Agreement.

- User Responsibility. Users are responsible for ensuring that their users comply with the terms of this Agreement and User is liable for breaches of the Agreement by their users.

User Obligations.
‍Product Information and Customer Data. User is responsible for providing all Product Information and Customer Data in local languages and for providing its own and its customers support in those local languages, unless expressly stated in a writing signed by the parties. Customer is solely responsible for the accuracy and completeness of Customer Data and Product Information.

User’s Privacy Obligations.
As a condition to use the Service, Technology, and/or Tquens Platform, User must: Have and enforce a privacy policy that complies with all applicable laws, rules and regulations, foreign law, treaties, and conventions, including without limitation the treatment of all personal information in accordance with Federal and state laws of the United States, and European and non- U.S. governing authorities to the extent that Customer sells to international marketplaces or otherwise is subject to the laws of those authorities;
Secure Customer Data and not allow Customer Data to be disclosed except in accordance with Customer’s privacy policy and all applicable laws, rules and regulations, foreign law, treaties, and conventions, and at least as restrictive as industry standards, but no less than reasonable care; and iii. Ensure that Customer’s privacy statement discloses the use of “cookies” or similar technologies that may be used by Customer or a third party (including Tquens) to track browsing and purchasing habits, and such use of “cookies” complies with all applicable laws, rules and regulations, foreign law, treaties, and conventions, including any opt in and opt out requirement.

Prohibited Actions.
a. User shall not: Except as expressly permitted by this Agreement, copy, reproduce, distribute, publish, display, post or transmit the Service, the Tquens Platform, or the Technology, in whole or in part;
License, sub-license, sell, resell, rent, lease, transfer, assign, distribute or otherwise exploit the terms of this License or make the Service available for access or use by any person(s) other than the Users;
Use the Service to process any data unlawfully, in violation of the Agreement, or for any third party;
Allow any unauthorized access to, or use of, the Service;
Copy, translate, transmit, post, create a derivative work of, modify, adapt, download, sell, publish, decipher, decompile, reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to determine any programming or the source code associated with the Service or the Technology;
Use data mining, robots, crawlers, or spiders, or similar data gathering and extraction tools;
Frame or utilize framing techniques to enclose any Tquens Marks or other Intellectual Property (including images, text, page layout, or form) of Tquens;
Use any meta tags or any other “hidden text” utilizing Tquens’ name or Marks;
Use the Service in an unlawful manner including, but not limited to, the infringement of any third party or Tquens Intellectual Property or use the Service in breach of any third party’s privacy rights;
Use the Service for spamming or sending any unsolicited emails or information to any person or entity;
Use the Service in a manner that interferes with or disrupts the provision of the Service by Tquens to third parties;
Access or use the Service to circumvent or exceed the Services account limitations or requirements, or access or use the Service by any means other than through the interfaces that are provided by Tquens;
Use the Service to upload, store or transmit any malicious code or other similar harmful software such as viruses, malware or trojan horses;
xiv. Use the Service to make any transmission, display or publication of any material which is of a defamatory, offensive, abusive or menacing character to any other person;
xv. Engage in or permit any unauthorized distribution of any software or programming associated with the Service including, without limitation, placing Tquens’ software or programming on any physical or virtual servers or mediums;
xvi.Use the Service for any transmission, display or publication of any material in breach of any law dealing with privacy or data protection in any jurisdiction;
xvii. Remove or obscure any copyright, patent, trademark, trade secret or similar proprietary notice affixed to any Technology, the Service, or the Tquens Platform;
xviii. Use the Service, Tquens Platform, or Technology for the purpose of developing a product or service, or helping another develop a product or service, whether or not it is competitive with the Service, Tquens Platform or Technology;
xix.Use the Service, Tquens Platform, or Technology for the purpose of bringing an Intellectual Property claim against Tquens;
xx. Cause the breach of or interfere with Tquens’ agreements with third parties, including but not limited to, the Amazon Marketplace Developer Agreement; or
xxi.Use or allow others to use, the Technology, the Service, or the Tquens Platform for any purpose not expressly authorized in the Agreement.

Tquens Rights.
a. All rights, title and interest in and to the Technology, Service, Tquens Platform, Tquens Marks, and Resultant Data (including without limitation all intellectual Property Rights in the Technology, Service, Tquens Platform, and Resultant Data and all modifications, extensions, customizations, scripts or other derivative works of thereof provided or developed by Tquens) are owned exclusively by Tquens. The rights granted to User do not convey any rights, express or implied, or ownership to the Technology, Service, Tquens Platform, and Resultant data or any Intellectual property rights thereto.

Payment.
‍There are no fees for Users to register and create an Account.
Tquens charges certain processing and other fees (“Processing Fees”) in connection with use for its products. The current Processing Fees can be provided upon request.
In addition to the Processing Fees, Users are also responsible for any penalties or fines imposed in connection with your Account on you or Tquens by Tquens or any Associations resulting from use of payment processing services in a manner not permitted by this Agreement or an Association’s rules and regulations.
In addition to the Processing Fees, the User(s) shall promptly pay to Tquens any charge-backs, penalties or fines that may arise in connection with its Account. If at any time, any amounts owing by a User to Tquens are not paid when due for any reason, including, any Processing Fees or charge-backs, penalties, or fines (collectively, the “Unpaid Amounts”), then Tquens may pursue any and all legal remedies to recover such Unpaid Amounts. As the Account Owner of the Organization, you agree to be responsible to ensure that the Organization’s Tquens Account remains current. These obligations will survive the termination of the Organization or the Organization’s use of Tquens’ Services.
e. Tquens may modify the Processing Fees at any time (or a longer period of notice if this is required by applicable law). Such modified Processing Fees shall automatically be effective after such notice period.

Accepted Forms of Payment.
a. Tquens supports most domestic credit, debit, prepaid or gift cards with a Visa, MasterCard, American Express, or Discover, and in some cases in Tquens’ sole discretion, direct debit (electronic checks) and PayPal. In addition, Tquens supports most international cards with these logos. We may add or remove support for certain payment cards at any time without prior notice. We may elect only to process payment cards that receive an authorization from the applicable issuer. You agree to accept all of the payment cards listed in accordance with these Terms.

Automatic Deductions.
‍Unless otherwise agreed by the parties, the User and the Organization authorizes Tquens to automatically deduct the applicable Processing Fees. If any Organization enters into a billing or other agreement with another Organization (a “Billing Agreement”) that provides for the automatic deduction of any fees from the use of Tquens products and other purchases as the fee for the provisions of services by such other Organization (as modified, the “Services Fees”) and payment of such Services Fees to such Organization, then each such Organization authorizes Tquens to deduct the Services Fees from the User’s account and to pay the Services Fees to such other Organization. Upon Tquens’ request, each of the Organizations shall promptly provide to Tquens a fully executed copy of any Billing Agreement and any amendments to such Billing Agreement (but in no event later than five (5) business days after execution).
New Fees
a. Tquens reserves the right at any time to begin charging for services that it is
currently providing free of charge upon posting on the Tquens Platform, the Site, any of the other Tquens Services or by notifying You by email.

Pricing and Fee Waiver Promotion Information.
‍a. Upon initial sign up, Tquens offers you a one-time sign up promotion where in your reimbursement fee (18% or $180 USD, whichever is less) is waived for up to the first $1,000.00 USD recovered and collected within the first 90 days of account activation.  The promotion and fee waiver applies only to fees and charges assessed by Tquens and in no way guarantees you to a recovery, collection, and/or reimbursement amount for $1,000.00.
After the initial 90-day period, regardless of total recovery, reimbursement amounts, and/or collections, Tquens will begin processing any and all applicable fees.  In its sole discretion, Tquens reserves the right to modify its Fees or Additional Fees in any manner (Users will be advised via electronic communication).
b. In the event that Amazon reverses a reimbursement previously obtained by Tquens on behalf of the user, such refunded amounts shall be returned to the user as Refully credit. This credit may be utilized solely for future transactions and services provided by Tquens and will be applied after the 1,000.00 USD sign-up promotion mentioned in part a is either fully utilized or expired.

Billing information.
a. If You sign up for a paid Tquens product, You will be asked to provide Your payment information and billing address. Credit card information is submitted directly to Our payment processor and does not access Tquens servers. Tquens stores records of payment transactions, including the last 4 digits of the credit card number, for purposes of account history, invoicing, and billing support. We store Your billing address so We can charge You for service, calculate any sales tax due, send invoices, and detect fraudulent credit card transactions. Tquens occasionally uses aggregate billing information to guide Our marketing efforts.

‍Product Interactions.
a. Tquens stores on its servers, content that Users upload, receive, or maintain in Tquens product accounts. Tquens maintains this content as long as your account is active. If you delete your account, Tquens will delete the content within 120 days.

‍Website interactions.
a. We collect information about your browsing activity for analytics and statistical purposes such as conversion rate testing and experimenting with new product designs. This includes, for example, your browser and operating system versions, your IP address, which web pages you visited and how long they took to load, and which website referred you to us. If you have an account and are signed in, these web analytics data are tied to your IP address and user account until your account is no longer active.

‍Advertising and Cookies.
Tquens runs ads on various third-party platforms such as, but not limited to Google and LinkedIn. Users who click on one of our ads will be sent to the Tquens marketing site. Where permissible under law, we may load an ad- company script on their browsers that sets a third-party cookie and sends information to the ad network to enable evaluation of the effectiveness of our ads, e.g., which ad they clicked and which keyword triggered the ad, and whether they performed certain actions such as clicking a button or submitting a form.
Tquens also uses persistent first-party cookies and some third-party cookies to store certain preferences, making it easier for users to use our applications, and perform A/B testing as well as support some analytics.

Disclaimers of Warranties and Limitations on Liability Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, Tquens OFFERS THE WEBSITE AND SERVICE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR ITS SERVICE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. Tquens DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN PARTICULAR, Tquens MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED THROUGH THE SERVICE, REGARDLESS OF THE SOURCE, IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Tquens DISCLAIMS ALL LIABILITY FOR ANY INACCURACY, ERROR, OR INCOMPLETENESS IN THE SERVICE.
Limitation of Liability.
EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL Tquens, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICE, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR SERVICE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF Tquens TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE ABOUT THE SERVICE IN ANY MONTH WILL BE NO MORE THAN WHAT YOU PAID US THE MONTH BEFORE.
c. Results Not Guaranteed.
Tquens makes no guarantee or representation of any kind concerning the results of Your use of the Website or Service. Any testimonials or examples displayed or depicted through Tquens’s Website, programs, and/or the Service are only examples of what may be possible. There can be no assurance as to any particular outcome, including increased income, Amazon ranking, sales, and/or any other outcome, based on the use of the Service or any other products, programs or service offered by Us. Indemnification for Breach of Terms of Use. You agree to indemnify and hold Tquens, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Tquens by any third party due to or arising out of or in connection with Your use of the Service or Website.
Third Party Resources. The Website and the Service may contain links to third party websites or other resources. You acknowledge and agree that We are not responsible or liable for the availability, accuracy, content or policies of third party websites or other resources. Links to such websites or resources are provided only as a convenience to You and do not imply any endorsement by or affiliation with Tquens. You acknowledge sole responsibility for, and assume all risk arising from, Your use of any such third party websites or resources.

Security, Storage, & Retention
‍Security.
The privacy and protection of Your data is of the utmost importance to Us. We take all reasonable technical and organizational precautions to protect the confidentiality, security and integrity of Your Personal Data. Although we use multiple and various security measures to help protect Your Personal Data against loss, misuse or unauthorized disclosure, we cannot 100% guarantee the security of information transmitted to Us over the Internet.
Storage. The Personal Data that you provide to Us is generally stored on servers located in the United States. If you are located in another jurisdiction, You should be aware that once Your Personal Data is submitted through Our Service, it will be transferred to Our servers in the United States and that the United States currently does not have uniform data protection laws in place.
Tquens may disclose Your information if You integrate a third-party service into Your use of our products.
Tquens does not look at Your content except for purposes with Your permission. For example, if an error occurs that stops an automated process from working and requires manual intervention to fix. These are rare cases, and when they happen, We look for root cause solutions as much as possible to avoid them recurring. We may also access your data if required in order to respond to legal process. When required under applicable law. Tquens is a U.S. company and all data infrastructure are located in the U.S. Requests for user data. Our policy is to not respond to government requests for user data unless We are compelled by legal process or in limited circumstances in the event of an emergency request. However, if U.S. law enforcement authorities have the necessary warrant, criminal subpoena, or court order requiring Us to disclose data, We must comply. Likewise, We will only respond to requests from government authorities outside the U.S. if compelled by the U.S. government through procedures outlined in a mutual legal assistance treaty or agreement.
It is Tquens’ policy to notify affected users before We disclose data unless We are legally prohibited from doing so, and except in some emergency cases.
If You choose to cancel Your account, Your content will become immediately inaccessible and should be purged from our systems in full within 120 days. This applies both for cases when an account owner directly cancels and for auto- canceled accounts.

Data retention
a. We keep Your information for the time necessary for the purposes for which it is processed. The length of time for which We retain information depends on the purposes for which We collected and use it and Your choices, after which time We may delete and/or aggregate it. We may also retain and use this information as necessary to comply with Our legal obligations, resolve disputes, and enforce Our agreements. Through this policy, We have provided specific retention periods for certain types of information.

Miscellaneous Privacy Policy. Tquens may use and disclose Your information according to Our Privacy Policy. Our Privacy Policy (https://tquens.com/landing/privacy-policy) is incorporated into these Terms of Service.
Intellectual Property. The Website, its original content, features, functionality (including look), Our trademarks, service marks, logos, and Service content (“Intellectual Property”) are owned by Tquens and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our Intellectual Property. The term “content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, AdWords, and interactive features generated, provided, or otherwise made accessible on the Website or otherwise through Tquens.
Customer Data.
“Customer Data” means information, data, and other content, in any form or medium, including your billing and other personal information, that is submitted, posted, or otherwise transmitted by You, or a third party on Your behalf, through the Service. As between You and Tquens, You own all right, title, and interest, including all intellectual property rights, in and to the Customer Data. You hereby grant Tquens a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Tquens to provide the Service and a non- exclusive, perpetual, irrevocable, royalty-free, worldwide license to use the Customer Data for analytics purposes. Tquens will only use Your billing and other personal information for the purpose of providing you the Service. International Users. The Service is controlled, operated and administered by Tquens from our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Compliance with Law.
You represent and warrant that Your use and interaction with Tquens and its Service is in compliance with all national, federal, state, and local laws, ordinances and regulations. If You are located in a country outside the United States it is your responsibility to determine that You are in compliance with the laws of that country. You agree to indemnify and hold Us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.
Force Majeure. We shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond Our reasonable control, including but not limited to acts of god, war, hackers, third party internet providers, government orders, power failure rpretation of these Terms.
Waiver. Our failure to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Texas without regard to its conflict of laws rules, or international law or convention.
Dispute Resolution. Any dispute or controversy You or We have arising under or in connection with this agreement shall be settled exclusively by binding arbitration solely by written submission in Austin, in the State of Texas, in accordance with the expedited Commercial rules of the American Arbitration Association then in effect, by one arbitrator. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. The arbitrator shall not have the power to award any punitive or consequential damages. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between You and Us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
i. The above notwithstanding, if you violate these Terms then We may seek injunctive or other equitable relief. j. Severability. The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, which shall remain in full force and effect. i. Any provision of these Terms which imposes an obligation after termination or expiration of this agreement shall survive the termination or expiration of this agreement. Headings. The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation.
Assignment.
You may not assign any of Your rights under this agreement to anyone else. We may assign our rights at Our sole discretion.
Notice. All notices to You will be effective when we send it to the last email or physical address You gave us or posted on Our Website. Any notice to Us will be effective when delivered to us at: refully_support@tquens.com

Tquens
8845 Irvine Center Drive #100 Irvine, CA 92618
Copyright Infringement. If copyrighted content that belongs to You was posted on the Website without your permission please notify us at: refully_support@tquens.com
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Please include in Your notice: An electronic or physical signature of the copyright owner or someone authorized to act on their behalf; The name, address, telephone number, and email address of the copyright owner;
Identification of the copyrighted work that is being infringed;
Identification of where the infringing material is located on our Website;
A statement that you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law;
A statement that the information in your notice is accurate, and A statement that you’re authorized to act on behalf of the copyright owner.
This statement must be made under penalty of perjury, meaning if any part of the statement is false, you could be committing perjury—a serious offense that’s sometimes even classified as a felony.
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Warning: If You knowingly make a false statement in Your claim of copyright infringement, then You may be subject to liability for damages and heavy civil penalties. If You are not sure whether material on one of our Websites infringes Your copyright, then You should speak with a lawyer before notifying Us. We may forward Your notice to the user that uploaded the content.
Liability Cap. NOTWITHSTANDING THE FORM OR NATURE (E.G., CONTRACT, TORT, STATUTORY, COMMON LAW, DIRECT LIABILITY OR INDEMNIFICATION, INFRINGEMENT, OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT BY CUSTOMER OR THIRD PARTY, IN NO EVENT WILL TQUENS BE LIABLE FOR DAMAGES, EXPENSES, COSTS, LIABILITIES, SUITS, CLAIMS, RESTITUTION OR LOSSES TO CUSTOMER AND/OR THIRD PARTIES, THAT EXCEED, IN THE AGGREGATE, TWO (2) TIMES THE TOTAL AMOUNTS PAID OR PAYABLE TO TQUENS BY CUSTOMER IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE DAMAGES, EXPENSES, COSTS, LIABILITIES, SUITS, CLAIMS, RESTITUTION OR LOSSES TO CUSTOMER AND/OR THIRD PARTIES (“LIABILITY CAP”). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, TQUENS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. i. Such Liability Cap is a maximum and shall not be used, control or be considered if: (i) Tquens’ liability or obligations are in amounts which would be or are below the Liability Cap either pursuant to this Agreement or otherwise, or (ii) if Tquens has no liability either otherwise or pursuant to disclaimers in this Agreement. Indemnification. User shall indemnify, defend and hold harmless Tquens and its Representatives from and against all obligations, actions, suits, claims, demands, settlements, judgments, damages, losses, liabilities, costs and expenses (including attorney’s fees), of whatever type or nature incurred by Tquens by reason of a third party claim or assertion brought against Tquens or its Representatives arising out of or related to: (a) Customer’s failure to comply with or breach of the Agreement, (b) Customer Data, Customer Marks, ad content, and Product Information or Customer’s products listed, supplied or sold, including, without limitation, Intellectual Property infringement claims and product liability claims, and any misleading, false, inaccurate, fraudulent or incomplete Customer Data, Product Information, or other documentation or information supplied by Customer, including but not limited to that contained in Doc Master, Doc Master Pro or Shipment Manager, or any failure by Customer to provide sufficient or timely, accurate and complete Customer Data, Product Information, Shipment Information, or other documentation or any errors in Discrepancies or Eligible Claims, (c) any negligence, recklessness, or willful misconduct of Customer or its Representatives, (d) the death or bodily injury of any agent, employee, customer, business invitee, or business visitor or other person caused by Your conduct, or that of Your agent or employee; and/or (e) asserted by a third party against You, resulting from Your acts or omissions or those of Your employees, agents, contractors, successors and permitted assigns. Tquens reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, in which case You agree to cooperate with any requests to assist Tquens’ defense of such matter and You shall reimburse Tquens or pay in advance, as requested in Tquens’ sole discretion, all costs and expenses (including attorney’s fees).
Tquens Indemnification. Unless Tquens has no liability either otherwise or pursuant to disclaimers in this Agreement, Tquens shall indemnify, defend and hold harmless User and its Representatives in the aggregate lesser amount of (i) the Liability Cap, or (ii) Tquens’ liability or obligations which are in amounts which would be or are below the Liability Cap either pursuant to this Agreement or otherwise, from and against all obligations, actions, suits, claims, demands, settlements, judgments, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees) of whatever type or nature which are incurred by User by reason of a third party claim or assertion brought against User and/or its Representatives, arising out of or related to any gross negligence or willful misconduct of Tquens or its Representatives in the course of providing the Services to User. Requirements of Indemnification. In order for the indemnification obligations of the indemnifying parties to apply, the indemnified parties must promptly provide the indemnifying party with notice in writing of any claim, promptly tender the control of the defense and settlement of any claim to the indemnifying party (at the indemnifying party’s expense and with indemnifying party’s choice of counsel), and cooperate fully with the indemnifying party (at the indemnifying party’s request and expense) in defending or settling the claim, including, without limitation, providing any information or materials necessary for the defense. The indemnifying party shall only be liable to the indemnified party for the amount of damages as determined in a final, non-appealable order of a court of competent jurisdiction or paid by way of settlement, but the indemnifying party shall have no liability for any settlement made by an indemnified party without the indemnifying party’s prior written consent, which may not be unreasonably withheld. The indemnifying party will not enter into any settlement or compromise of any claim without the indemnified party’s prior consent if the settlement would require admission of fault or payment by the indemnified party.
Electronic Communications. When You use the Service, or send emails, text messages, and other communications from Your desktop or mobile device to us, you are communicating with Us electronically. You consent to receive communications from Us. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
Entire Agreement. These terms, together with Our Privacy Policy and any additional terms You have agreed to, constitute(s) the entire agreement with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral.

Privacy Policy

Last Updated September 7, 2022.

Please read these Terms of Service (“Terms”) carefully. BY USING THE SERVICE AND THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE OR SITE.

Privacy Statement

Your privacy is valued and respected at Refully (“​we​”, “​our​”, “​us​”). This Privacy Policy (“​Privacy Policy​”) describes the types of information, including Personal Data, that we gather from you when you use our website https://refully.ai, apps, services (our “​Service​”), as well as your choices regarding use and disclosure of your Personal Data. As used in this Privacy Policy, the term “Personal Data” (“​Personal Data​”) means information that identifies you directly or indirectly, by reference to identifier(s) such as your name, identification number, location data, online identifier or one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity. By accessing our Service, you agree to be bound by this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you cannot use our Service. Each time you use our Service, the current version of the Privacy Policy will apply. Accordingly, whenever you use our Service, you should check the date of this Privacy Policy (which appears at the top) and review any changes since the last version. This Privacy Policy is applicable to all Service visitors, registered users, and all other users of our Service. Further, you acknowledge that this Privacy Policy is part of our ​Terms of Service ​, which is incorporated by reference, and by accessing or using our Service, you agree to be bound by the Terms of Service. If you do not agree to our Terms of Service, you cannot use our Service. If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

Personal Data Collected by Refully

When you use our Service, Refully collects information (i) that you knowingly and voluntarily Service ​(such as through forms or profile screens) including registration/account setup information, and (ii) that we are able to collect from your web browser, cookies and other similar technologies.

  1. Personal Data that you Knowingly and Willingly Provide

Refully collects the information that you knowingly and voluntarily provide when you use our ​Service ​(such as through web forms or profile screens), including registration/account setup information, profile details, payment information, and ratings information. We primarily use this information to provide you the Service. You can choose not to provide us with certain Personal Data, but then you may not be able to take advantage of our Service ​or other available features we offer. The information that we collect and use may include the following kinds of Personal Data:

  • First and Last Name
  • Email Address

Personal Data From and/or About Others. ​We may also collect and store Personal Data about other people that you provide to us, as well as information about you provided by others. If you or other users use our ​Service to upload, share and/or distribute content (including videos, comments or other submissions), and such content contains Personal Data about you or others, such information may be stored in order to allow for such uploading, sharing and/or distribution. As a requirement to use our ​Service, you acknowledge that you have the appropriate consent(s) from any individual (or the parent of any child under the age of 13 to share their Personal Data with us. We may also receive your Personal Data from trusted third parties (including, for example, business partners, sub-contractors in technical, payment and delivery of membership services, advertising networks, analytics providers, search information providers, credit reference agencies).

  1. Personal Data that we collect from you

Refully collects information that is sent to us automatically by your web browser. Refully may use this information to generate aggregate and/or anonymous statistics about visitors to our Service. This information typically includes details about your:

  • IP Address
  • Browser Type
  • Browser Plug-In Details
  • Operating System
  • Local Time Zone
  • Date and Time of Each Visitor Request (e.g. web pages selected and time spent on each page)
  • Referring Site and/or Search Engine
  • Device Type (e.g. desktop, laptop, tablet, phone, etc.)
  • Screen Size, Color, Depth, and System Fonts
  • Language Preference

Refully may use non-Personal Data for various business purposes such as providing customer service, fraud prevention, market research, and improving our Service. The information we receive depends on the settings on your browser. Please check your browser if you want to learn what information your browser sends or how to change your settings.

  1. Aggregate Information

We may aggregate and/or anonymize and/or pseudonymize all information that we collect from you, including Personal Data. This may be done for the purpose of market research on brands and products, marketing campaigns, and advertising. Personal Data Collected by Cookies, Web Beacons and Other Technologies.

  1. Cookies

Refullymay obtain information about you by installing “cookies” on your computer’s hard drive. We use cookies to collect statistical information about the ways visitors use our ​Service including which pages they visit, which links they use, and how long they stay on each page. Tquens also may use cookies to create a database of your previous choices and preferences, saving you time and effort. When you first access the Site, you will receive a message advising you that cookies are in use. By continuing to browse the Site, you agree to our use of cookies as described in this Privacy Notice. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. If you limit or disable the use of cookies when you visit Tquens, you may be unable to use the full of the functionality of our ​Service. For more information about cookies, visit: ​http://www.allaboutcookies.org​. We use the following cookies: Web Beacons​. Web beacons are small pieces of data that are embedded in images on the pages of ​Service. Web beacons may involve the transmission of information directly to us, to another party on our behalf, or to another party in accordance with its Privacy Policy. We may use web beacons to bring together information we collect about you. Pixel Tags​. ​These enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

Third Parties

Advertisers and third parties also may collect information about your activity on our​ ​Service​ ​and on third-party​ ​sites and applications using tracking technologies. Tracking data collected by these advertisers and third parties can be used to decide which advertisements you see on our Service, and on third-party​ ​sites and applications, but does not identify you personally and is not associated with your registration account.

Refully’s Do Not Track Policy

Refully does not respond to web browser “do not track” signals. As such, your navigation of our ​Service ​may be tracked as part of the gathering of quantitative user information described above. If you arrive at our Service ​by way of a link from a third party ​site that does respond to “do not track” requests, the recognition of any “do not track” request you have initiated will end as soon as you reach our​ ​Service.

How Is Your Personal Data Used?

We will only process your Personal Data, including sharing it with third parties, where (1) you have provided your consent which can be withdrawn at any time, by contacting refully_support@tquens.com (2) the processing is necessary for the performance of a contract to which you are a party, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) processing is necessary for the purposes of our legitimate commercial interests, except where such interests are overridden by your rights and interests. We may use Personal Data we collect about you on its own or combine it with other information we have about you to:

  • To create user accounts and/or profiles through registration;
  • Perform internal operations, such as tracking and improving the effectiveness of our website, mobile experience, and marketing efforts;
  • Provide product and/or Service fulfillment, such as creating accounts, managing purchases, payments, and more;
  • Personalize user experiences, such as remembering your settings and preferences for things like language, font size, etc.;
  • Provide support;
  • Resolve disputes between users and/or a user and the company as set forth in our Terms of Service;
  • Use the location of your device to prevent fraud or deliver other location-based services that you may request;
  • Administer a sweepstakes, contest, or similar promotion;
  • Advertise and market our products and Service – and those of our Business Partners –including to:
  • Present targeted advertising, send or provide you with advertisements, promotions and offers;
  • Analyze whether our advertisements, promotions, and offers are effective;
  • Help us determine whether you may be interested in new products or services
  • Customer Testimonials
  • Conduct surveys;
  • Conduct research;
  • Receive feedback;
  • Conduct audits;
  • Provide information to our business partners;
  • Provide information to the media;
  • Provide information to our suppliers;
  • Provide information to our representatives and/or advisors, such as our attorneys, accountants, and others to help us comply with legal, accounting, or security requirements;
  • Transfer your information, such as to servers outside of the United States, or as part of a merger or sale of the business;
  • Protect the rights, safety, and information of our members, third parties, as well as our own. This includes fraud prevention, business or product recalls, prosecuting and defending a court arbitration or similar proceeding, and more;
  • Comply with legal
  • We may also disclose your Personal Data as otherwise set forth in this Privacy Policy, as permitted by law, or with your consent.

Who Can Access the Information We Collect?

We will only transfer your Personal Data to trusted third-parties who provide sufficient guarantees in respect of the technical and organizational security measures governing the processing to be carried out and who can demonstrate a commitment to compliance with those measures. Where third parties are processing Personal Data on our behalf, they will be required to agree, by contractual means or otherwise, to process the Personal Data in accordance with the applicable law. This contract will stipulate, amongst other things, that the third party and its representative shall act only on our instructions, or as permitted by law. Refully may disclose your Personal Data in the following instances: Agents​. We employ other companies and individuals to perform functions on our behalf. Examples of such functions include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing technical support, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. We share our users’ Personal Data with these agents as we deem necessary for such third parties to perform their functions.

Employees​.

Only authorized employees have access to your Personal Data. Affiliates​. When you are asked for information while on our ​Service, you are sharing that information with Refully, and our various affiliates, unless specifically stated otherwise. As a result of this sharing, you may receive communications from any of our affiliates. Affiliates and Subsidiaries​. Refully may share Personal Data with our corporate subsidiaries and affiliates for uses consistent with this Privacy Policy. Affiliated Businesses We Control​. We may share your Personal Data with the affiliated businesses we control to make sure that your experience with us is as seamless as possible and that you have the full benefit of our offerings. The use of your Personal Data by such controlled affiliates remains subject to this Privacy Policy. Authorized Business Partners​. These include agents, contractors, vendors, licensors, resellers, system integrators, etc. Refully, our affiliates, and our business partners may share this Personal Data with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, Service, content, and advertising. Authorized Service Providers​. An authorized service provider (“​ASP​”) is an individual or entity that is permitted to service products that are still covered by warranties held by another entity. Service provided by anyone other than an authorized service provider will generally render a warranty void. We may share information with such ASPs to perform services on our behalf. When we disclose your Personal Data to these persons, it is subject to agreements that require these individuals and entities to process your Personal Data only on our instructions and in compliance with this Privacy Policy. Advertisers​. Third-party advertisers and advertising platforms also may serve targeted advertisements as part of our Service. For more information, please see our section on third party advertising. Please be aware that the information practices of third-party advertisers or platforms collecting data on our​ ​Service​ ​are not covered by this Privacy Policy. Authorized Business Partners, Advertisers, Agents, and Promotional Offers​. We may enter into alliances, partnerships or other business arrangements with third parties to share Personal Data for the purpose of providing you with information regarding products and services that we think may be of interest to you. We may also share your information with third party partners in order for them to better target products and services to their customers. If you do not want to receive such offers, please contact us using the procedure listed in Section M (Your Rights) below. Other Users​. Please remember that any information you share in public areas of our Service, such as on message boards or feedback sections, becomes public and anyone may take and use that information. Please be careful about what you disclose in these portions of our Service and do not post any Personal Data that you expect to keep private. We strongly encourage you not to use any Personal Data in your username or password. If your Personal Data is posted on one of our community forums, you may contact us at refully_support@tquens.com to have such information removed. Other Entities. ​If you provide any Personal Data to us for posting in areas of our ​Service ​that may be publicly viewed (e.g., blogs or messaging features), your Personal Data will be available to third parties who use our Service. Please be cautious when using the public features of our Service. To Comply with Legal Process, Protect Refully, or Enforce our Rights​. We may release your Personal Data when it is necessary to (i) conform to legal requirements or comply with legal process; (ii) enforce or apply our conditions of use and other agreements (iii) protect the rights, safety or property of Refully, our affiliates, service providers, our users or the public, or (iv) prevent a crime or protect national security (including exchanging information with other companies and organizations for fraud protection and credit risk reduction). As Part of a Merger or Sale of Business​. We may disclose your Personal Data in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Selling of Personal Information

We will not sell your Personal Data to third parties for their use without your consent.

Minors and Children Privacy

  1. Children Online Protection

Our Service ​is not directed to children under the age of 16, if you are not 16 years or older, do not use our Service. We do not knowingly collect Personal Data from children under the age of 16. If we learn that Personal Data of persons less than 16 years-of-age has been collected through our Service, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child or a minor under the age of 13 has posted, submitted or otherwise communicated Personal Data to our Service ​without your consent, then you may alert us at refully_support@tquens.com so that we may take appropriate action to remove the minor’s Personal Data from our systems.

  1. Erasure Law

In accordance with California law, minors under the age of 18 residing in California may remove or request and obtain removal of content and information that they post on the website or app. In order to remove or to request and obtain removal of such content and information, the user must alert us at refully_support@tquens.com. Users should be aware that removal of the content and information posted by a minor does not ensure complete or comprehensive removal of the content or information posted on our Service. Under certain circumstances, Refully may not have to comply with the above removal requirements. Refully also reserves the right, to the extent permitted by law, to anonymize the posted content or information or to make such content or information invisible to other users and the public instead of removing or deleting the content or information.

Links to Third Party Services

Our Service ​may contain links to third party websites, applications and services not operated by us. These links are provided as a service and do not imply any endorsement by Refully of the activities or content of these ​sites, applications or services nor any association with their operators. Refully is not responsible for the privacy policies or practice so any third party including websites or services directly linked to our Service. We encourage you to review the privacy policies of any third party​ ​site that you link from our Service.

Social Media Features & Widgets

Our ​Service ​includes social media features, such as the Facebook “Like” button and widgets, such as the “Share This” button or authenticating your identity by logging into our Service ​via a social media account. These features may collect your IP address, which page you are visiting on our ​Service, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our ​Service. Your interactions with these features are governed by the privacy policy of the company providing it.

Security, Storage, & Retention

  1. Security

We take reasonable technical and organizational precautions to protect the confidentiality, security and integrity of your Personal Data. Although we use security measures to help protect your Personal Data against loss, misuse or unauthorized disclosure, we cannot guarantee the security of information transmitted to us over the Internet.

  1. Storage

The Personal Data that you provide to us is generally stored on servers located in the United States. If you are located in another jurisdiction, you should be aware that once your Personal Data is submitted through our Service, it will be transferred to our servers in the United States and that the United States currently does not have uniform data protection laws in place.

  1. Retention

We will retain your information for as long as is needed to provide the service. If you wish to cancel your account or request that we no longer use your information to provide you service, contact us at ​refully_support@tquens.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Refully ​International Users

  1. Consent to Transfer

We are headquartered in the United States. Your Personal Data may be accessed by us or transferred to us in the United States or to our affiliates, partners, merchants, or service providers who are located worldwide. If you are visiting our Service from outside the United States, be aware that your information may be transferred to, stored, and processed in the United States where our servers are located, and our central database is operated. By using our Service, you consent to any transfer of this information. We will protect the privacy and security of Personal Data according to this privacy statement, regardless of where it is processed or stored, however you explicitly acknowledge and consent to the fact that Personal Data stored or processed in the United States will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your Personal Data.

Refully Changes to this Privacy Policy

We reserve the right to update or modify this Privacy Policy from time to time. If we make any material changes to this Privacy Policy or the way we use, share or collect Personal Data, we will notify you by revising the “Effective Date” at the top of this Privacy Policy, prominently posting an announcement of the changes on our Service, or sending an email to the email address you most recently provided us (unless we do not have such an email address) prior to the new policy taking effect. Users are bound by any changes to the Privacy Policy when he or she uses our Service ​after notice of such changes has been communicated. We encourage you to review this Privacy Policy regularly to ensure that you are familiar with Refully’s current practices.

Your Rights

  1. Correction & Removal

If any of the information that we have about you is incorrect, or you wish to have information (including Personal Data) removed from our records, please contact us at refully_support@tquens.com. We will respond to such inquiries within forty-five (45) business days.

  1. Marketing

By consenting to this Privacy Policy, you agree to receive marketing materials from us. If Personal Data is collected by us for marketing purposes, we will usually inform you before collecting your data or sharing it for third party purposes. You can prevent the processing of your Personal Data for these purposes by checking certain boxes on the forms we used to collect your personal data. Additionally, if you prefer not to receive marketing messages from us, please let us know by clicking on the unsubscribe link within any marketing message that you receive, or by sending a message to us at ​refully_support@tquens.com.

  1. Your California Rights

FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personal Data with third parties. If you reside in California and have provided your Personal Data to Refully, you may request information about our disclosures of certain categories of Personal Data to third parties for direct marketing purposes. Such requests must be submitted to us at one of the following addresses: ​refully_support@tquens.com or Refully Attn: California Privacy Rights

    8845 Irvine Center Dr #100, Irvine, CA 92618

Within thirty (30) days of receiving such a request, we will provide a list of the categories of Personal Data disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this Section.

  1. Your European Union Rights

FOR INDIVIDUALS IN THE EUROPEAN UNION​. ​Under the General Data Protection Regulation 2016/679, you have the right to ask us not to process your Personal Data for marketing purposes. We will usually inform you (before collecting your Personal Data) if we intend to use your Personal Data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your Personal Data. You can also exercise the right by contacting us using the Contact Us section on our Site. In certain circumstances, you have the right to:

  • request access to any Personal Data we hold about you (“Subject Access Request”) as well as related information, including the recipients or categories of recipients to whom the Personal Data has been shared;
  • obtain without undue delay the completion of any incomplete Personal Data or the rectification of any inaccurate Personal Data we hold about you;
  • prevent or restrict processing of your Personal Data, except to the extent processing is required for the establishment, exercise or defense of legal claims; and
  • request transfer of Personal Data directly to a third party where this is technically feasible.

In addition, where you believe that the Refully has not complied with its obligations under this Privacy Notice or European law, you have the right to make a complaint to an EU Data Protection Authority. You can exercise any of these rights by contacting us using the Contact Us section on our Site.

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Privacy Inquiries

If you have any questions or concerns about this Privacy Policy or our privacy practices please contact us as follows:

  • By emailing the Privacy Department at refully_support@tquens.com.
  • By mail post to:Legal Department Refully 8845 Irvine Center Dr #100, Irvine, CA 92618

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