The following terminology applies to this Terms and Conditions document.
“Client”, “User”, “You”, “Your” refers to you, the person who accesses and uses Q-Aud, registered with a valid license, and agrees to ThinkPalm’s terms and conditions. “The company”, “us”, “our”, “ourselves” refers to ThinkPalm Technologies Pvt. Ltd. “SaaS”, “Software”, “Service” refers to Q-Aud.
It is to be noted that,
1. Q-Aud is a Software-as-a-Service offering from ThinkPalm.
2. Synonyms of the previously-mentioned terms and their various representations including singular and plural forms refer to ThinkPalm and Q-Aud SaaS, and shall be used in this document in an appropriate manner. These interchangeable terms are valid and should be treated with equal importance as their source counterparts.
Thank you for choosing Q-Aud for your auditing requirements.
This agreement is between ThinkPalm Technologies Pvt. Ltd., and the person or entity who is agreeing to these terms, i.e. you. If you are agreeing to these terms on behalf of an organization, then “you” means the organization, and you are binding the organization to this agreement henceforth.
By clicking “Agree” or “Proceed”, you are agreeing to all the terms in this document presented to you at the time of registration, or submission of details, without any disputes and distrust. You also agree that you will not proceed to any arbitrations against the SaaS, ThinkPalm, its management, staff, or subsidiaries, under any circumstaces, and understand that doing so revokes this agreement, which shall be considered as an offense against the agreement, contract, and the organization.
If you do not agree to the terms of this agreement, you may choose not to click “Agree”. In that case, the registration and installation of the software shall be immediately stopped, and any change made to your system will be rolled back to the previous state.
Please note that this agreement is stand-alone and unique to Q-Aud and does not overlap with any other Terms and Conditions documents of software and services offered by ThinkPalm. If any clause in this document conflicts with any of the other agreements you have made with ThinkPalm, this agreement enjoys the priority if the conflict is regarding Q-Aud.
No Charge/ Free Trial
Q-Aud is a SaaS offering from ThinkPalm. We offer an initial free trial period of 28 days to users. However, You may or may not opt for the free trial. In the event of you choosing a free trial, you will be asked to register for the trial with the following details:
- Company and address
- Phone number and Email ID
The duration of the free trial will be 28 days, after which ThinkPalm will automatically proceed to suspend the subscription and discontinue the service unless and until the subscription to a higher plan is activated. You have the opportunity to choose from the various subscription packs offered by Q-Aud during the free trial. You may find the subscription packs in the Q-Aud website, and also in this document.
You have the right to suspend the account and subscription anytime during the free trial period without incurring any monetary expenses.
In the event of not choosing the free trial, you can directly start off by registering with the previously mentioned information and selecting a paid subscription plan, and payment shall be requested prior to each billing cycle according to the plan chosen. Failure in activating a working plan after the validity period of the exisiting plan result in the discontinuation of Q-Aud services and the account shall be suspended.
You agree that all intellectual property of any sort associated with Q-Aud, including all code, libraries, programs, documentation, content, database, systems, logos, and trademark are owned by ThinkPalm. You bear no right to imitate or alter the aforementioned and other sole properties registered under ThinkPalm without proper authorization. Sovereignty over these intellectual properties rests solely on ThinkPalm and cannot be questioned or challenged.
However, you may make modification or alterations on the SaaS offering to suit your needs, personalize and customize the same as you require, only within the guidelines presented and authorized by ThinkPalm. We shall not be answerable to any concerns caused by modifications made without proper authorization. You may use your modifications solely with respect to your own instances in support of your permitted use of the software but you may not distribute the modifications to any third party. Notwithstanding anything in these Terms to the contrary, ThinkPalm has no support, warranty, indemnification or other obligation or liability with respect to your modifications or their combination, interaction or use with our software. You must indemnify, defend and hold us harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim brought against us by a third party relating to your modifications (including but not limited to any representations or warranties you make about your modifications or the software) or your breach of this section. This indemnification obligation is subject to your receiving (i) prompt written notice of such claim, (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all reasonably necessary cooperation of ThinkPalm at your expense.
We may use your company name(s) and logo(s) on our Site for case-studies and other promotional materials.
Please note that any kind of unauthorized imitation and replication of the software is strictly prohibited by copyright and trademark laws, and those who attempt such activities will be prosecuted under laws that prevail in the region where the felony is committed.
Refer (link) for the trademark and copyright documents.
Confidentiality and Privacy
ThinkPalm is bound to uphold the privacy and security of our clients and hence shall not surrender to any situations that could jeopardize the security of our customers’ information. We shall collect and store the necessary data from you during various stages of SaaS registration and usage, and the said information will be safeguarded with the utmost importance and extreme vigilance. However, ThinkPalm is dutybound to disclaim client data at times of emergencies and certain peculiar situations. This could include matters of public interest and national security, corporate mergers, and collaborations, etc.
ThinkPalm promises dutiful upkeep and secure storage of your confidential audit data. However, files including but not limited to media and similar heavy data shall be stored in our storage servers for only a period of 3 months. Text data which includes audit reports, answers, analysis etc. shall be stored permanently, and will be accesible to the user anytime. If the user desires to backup the media data before they’re wiped after their retention validity, i.e. 3 months, Q-Aud offers provisions for the archival of such data, but be informed that such archival requires you to store the data in your own storage silos, and ThinkPalm shall not be held liable for the same
You may need to register for an account in order to access Q-Aud. Any registration information that you provide to us must be accurate, current and complete. You must also update your information so that we may send notices, statements, and other information to you by email or through your account. You are responsible for all actions taken through your accounts.
Please note that only a registered user can, and will activate company accounts and subscriptions.
By agreeing to this document, you declare that the data you provide during the purchase and registration is legitimate and in no case, adulterated.
You will have to enter your name, company details, address, etc. during the process. Failure to present legitimate information, consciously or not, will be considered a felony and calls for legal action.
Note that you may register to Q-Aud as an individual or a company. If you choose to register as an individual, you will find the company information columns made unavailable for you by default.
During the registration process, you need to opt for a subscription plan. Software services and billing shall be initiated according to the plan you have chosen.
The account holder, i.e. the one whose name/entity on which the account is registered shall be responsible for the dutiful safekeeping and security of the account password and sensitive login credentials. ThinkPalm shall not be responsible for any losses incurred by mishandling or loss of such sensitive information. In such events, ThinkPalm shall, upon request, help you to reset the account and secure it once given enough legitimate reasons to act up.
Q-Aud currently offers, other than the free trial pack of 28 days, paid subscription plans. These subscription plans are designed with a standard validity term and corresponding fee that is to be paid in advance by the user. Below are the subscription packs and their details. You need to choose one to proceed using the SaaS, mandatorily, without which the service shall be suspended.
- Allows you to create checklists, assign audits, perform audits through portable smart devices, prepare a summary report, use the dashboard feature, export reports in PDF.
- Allows you to create checklists, assign audits as Single or Group, perform audits through portable smart devices, propose corrective actions, prepare a summary report, share the report through email, use the dashboard feature, export reports in PDF.
- Provides additional option to create and assign corrective actions.
- The free trial and Standard Subscription can be upgraded to Professional any time and the same shall be activated upon request, for which billing procedure shall be initiated from the time of the request for an upgrade.
- Accounts/Users once registered/upgraded to Professional Subscription cannot roll back to Standard Subscription.
Q-Aud also offers a Premium subscription pack that allows you to extend the Q-Aud services to a certain level of customizability and brand-compliance dictated and regulated by ThinkPalm
Activation of Premium subscription pack requires to be done directly through contacting ThinkPalm instead of ordering via the website.
Please visit the official Q-Aud website for further details and offers on the aforementioned subscription plans.
Please note that these plans offer to bill trimesterly as well as annually, and the payments will hence be done according to your choice of term. You may request to deactivate the subscription any time during the term, upon which the service shall be terminated immediately. However, ThinkPalm neither, in any case, refund or reimburse the prepaid subscription fee to the user, nor hold liability for the repayment of the said fee. Also, you cannot downgrade the number of users after registration, however you may increase the number of users anytime as you will. This is applicable across all subscription plans and is not, in any way, affected by plan changes. Be informed that downgrading of subsciption plans is not allowed either.
Billing and Payments
You agree to pay all fees in accordance with your subscription purchase order or quote. Unless otherwise specified in your order, you will pay all amounts in the currency chosen (as updated from time to time) at the time you order/activate the subscription. All amounts are non-refundable, non-cancellable and non-creditable.
In making payments, you acknowledge that you are not relying on future availability of the Q-Aud beyond the current agreed period of subscription or any upgrades or feature enhancements. If you add additional end-users during this term, we will inspect and may charge you for the increased number of users pursuant to the then-currently applicable rates immediately upon activation of the request, should the number exceeds the maximum limit of users under a single purchase license/subscription.
Please note that Q-Aud subscriptions are pre-paid, i.e. the payment need to be made prior to the period of activation/renewal via any of the payment methods mentioned in the website, and hence shall not be refundable. The renewal once initiated cannot be canceled until the end of the corresponding term and before the beginning of next term.
The subscription can only be canceled by a request, without which the subscription shall not be discontinued until the end of the billing cycle. Please be informed that ThinkPalm holds no liability to refund the amount remaining in case of a cancellation upon request that occurs before the completion of a whole billing cycle. Failure in transactions due to any reason including but not limited to insufficient credit, bank issues, and security concerns will also terminate subscription renewal. In such events, ThinkPalm shall not be held responsible for any losses incurred by the deactivation of Q-Aud in your systems.
Except as expressly stated in this agreement, we do not make any representation or warranty (express or implied) in respect of the software and associated services provided by ThinkPalm to you, including, without limitation, any implied warranty: (i) of merchantability; (ii) of fitness for a particular purpose; (iii) arising from a course of performance, course of dealing, or usage of trade; (iv) of non-infringement of third party rights; or (v) against hidden defects. Q-Aud is provided on an “as is”, “with all faults” and “as available” basis and without any further warranties of any kind. We make no warranty that the operation of the software will be uninterrupted or error-free or that all defects will be corrected.
To the maximum extent permitted, we exclude completely all liability whatsoever for any claims, liability, loss or damage of any kind however caused (including negligence) arising out of or in connection with any services provided by us, use or performance, including, without limitation, we are not liable for: (a) misuse of the software ; (b) use of the software with third-party data, software or hardware which is incompatible and/or not recommended by us; (c) reduced performance of the software as a result of network connections; or (d) errors in the software operation resulting from your configuration or manipulation, in each case not, specifically recommended in writing by us.
Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use, or any inability to use, the SaaS and associated services.
This agreement may be modified to suit the changing conditions from time to time, and the authority to do so solely rests with ThinkPalm. We shall intimate you of any changes in the agreement, and in return we expect your cooperation and care to proceed according to the new amendments we have made.
If we modify these terms during the period of subscription, the modified version will be effective upon your next renewal of the subscription, as applicable. In this case, if you object to the amendments, as your exclusive remedy, you may choose not to renew, including canceling any subscription package set to auto-renew.