Terms of Use
These Terms of Use govern your access to and use of the QS Project platform and services. By accessing or using the platform, you agree to be bound by these Terms, which are governed by the laws of Ireland and applicable European Union legislation.
1. Scope and Application
These Terms of Use ("Terms") apply to all access to and use of QS Project platform services, websites, mobile applications, and associated features and functionality (collectively, the "Service"). Where a separate written agreement has been executed between QS Project and the customer organisation, the terms of that agreement shall prevail to the extent of any inconsistency with these Terms.
2. Acceptance of Terms
By accessing, browsing, or using the Service, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement and to accept these Terms on behalf of yourself or, where applicable, the organisation you represent. If you do not agree to these Terms, you must not access or use the Service. Continued use of the Service following the publication of amended Terms constitutes acceptance of those amendments.
3. Account Registration and Responsibility
You are responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You must promptly notify QS Project of any unauthorised access to or use of your account. Where you administer a business account with multiple users, you are responsible for ensuring that all users comply with these Terms and with applicable law. QS Project shall not be liable for any loss or damage arising from your failure to comply with these obligations.
4. Acceptable Use Policy
You shall not, and shall not permit any third party to: - Use the Service for any unlawful purpose or in violation of any applicable law or regulation - Attempt to gain unauthorised access to the Service, other accounts, or any related systems or networks - Interfere with or disrupt the integrity or performance of the Service - Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Service - Upload, transmit, or distribute any content that is unlawful, defamatory, obscene, or that infringes the intellectual property rights of any person - Use the Service to transmit unsolicited commercial communications or malicious software QS Project reserves the right to investigate and take appropriate action, including suspension or termination of access, in respect of any breach of this Section.
5. Subscriptions, Fees, and Billing
Access to certain features of the Service requires a paid subscription. You agree to pay all applicable fees, charges, and taxes in accordance with the pricing and billing terms in effect at the time of purchase or renewal. Fees are non-refundable except as expressly stated in these Terms or as required by applicable law, including the Consumer Rights Act 2022 and the European Union (Consumer Rights) Regulations 2014 (S.I. No. 484/2014) where applicable. QS Project reserves the right to modify its pricing upon reasonable notice.
6. Customer Data and Responsibility
You retain all rights in and responsibility for the data, content, and materials you or your authorised users submit to or process through the Service ("Customer Data"). You represent and warrant that you have all necessary rights, consents, and lawful bases to submit and process Customer Data through the Service. QS Project shall process Customer Data solely for the purpose of providing and maintaining the Service in accordance with these Terms and any applicable Data Processing Agreement.
7. Intellectual Property Rights
All intellectual property rights in and to the Service, including but not limited to software, designs, documentation, trademarks, and trade names, are and shall remain the exclusive property of QS Project and its licensors. Nothing in these Terms shall be construed as granting any licence or right to use any intellectual property of QS Project except the limited, non-exclusive, non-transferable, and revocable right to access and use the Service in accordance with these Terms and your valid subscription.
8. Confidentiality
Each party acknowledges that in the course of the service relationship it may receive information that is proprietary or confidential to the other party ("Confidential Information"). Each party agrees to protect the confidentiality of the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, and in no event less than a reasonable degree of care. Confidential Information shall not be used for any purpose other than the performance of obligations under these Terms, except as required by law or by order of a court of competent jurisdiction.
9. Service Availability and Maintenance
QS Project shall use commercially reasonable efforts to ensure the availability of the Service. However, QS Project does not warrant that the Service will be uninterrupted, error-free, or available at all times. The Service may be temporarily unavailable due to scheduled or emergency maintenance, security incidents, force majeure events, or factors beyond QS Project's reasonable control. QS Project shall endeavour to provide reasonable advance notice of planned maintenance where practicable.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall QS Project be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunity, arising out of or in connection with the Service or these Terms, regardless of the theory of liability. QS Project's total aggregate liability arising out of or in connection with these Terms shall not exceed the total fees paid by you to QS Project in the twelve (12) months immediately preceding the event giving rise to the claim. Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable Irish or EU law.
11. Suspension and Termination
QS Project may suspend or terminate your access to the Service, in whole or in part, immediately and without prior notice if: (a) you commit a material breach of these Terms; (b) your use of the Service poses a security risk to the Service or any third party; (c) you fail to pay applicable fees when due; or (d) suspension or termination is required by law or regulatory authority. You may cease using the Service at any time, subject to any outstanding contractual or payment obligations. Upon termination, your right to access the Service shall cease immediately, and QS Project may delete your account data in accordance with its data retention policies.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ireland, save that nothing in this Section shall prevent a party from seeking interim or injunctive relief in any court of competent jurisdiction. This choice of law and jurisdiction does not limit any mandatory consumer protection rights available to you under the laws of the jurisdiction in which you are habitually resident.
13. Electronic Communications and Notices
By using the Service, you consent to receiving communications from QS Project electronically, including by email and through in-service notifications, in accordance with the Electronic Commerce Act 2000 and the European Communities (Directive 2000/31/EC) Regulations 2003 (S.I. No. 68/2003). Such electronic communications shall satisfy any legal requirement that communications be in writing. You are responsible for maintaining a current and valid email address for the receipt of legal and operational notices.
14. Statutory and Consumer Rights
Nothing in these Terms shall exclude, restrict, or modify any rights or remedies that you may have under mandatory provisions of applicable Irish or European Union law, including the Consumer Rights Act 2022, the European Union (Consumer Rights) Regulations 2014 (S.I. No. 484/2014), and the Sale of Goods and Supply of Services Act 1980 (as amended). Where any provision of these Terms conflicts with a non-waivable statutory right, the statutory right shall prevail to the extent of the inconsistency.
15. Complaints and Dispute Resolution
If you have a complaint relating to the Service, we encourage you in the first instance to contact our support team so that we may seek to resolve the matter promptly and informally. If the matter cannot be resolved through our internal complaints procedure, you may pursue resolution through the applicable courts in accordance with Section 12 above. For consumers resident in the European Union, information regarding online dispute resolution is available at https://ec.europa.eu/consumers/odr.
16. AI-Assisted Features
The Service may include AI-assisted features, such as AI-powered content generation within document editors. Your use of these features is subject to the following terms: - AI-assisted features are provided as a productivity aid and do not constitute legal, financial, professional, or any other form of advice - QS Project makes no representation or warranty as to the accuracy, completeness, reliability, or fitness for purpose of any AI-generated content - You are solely responsible for reviewing, verifying, editing, and approving all AI-generated content before use, and for ensuring that such content is accurate, lawful, and suitable for its intended purpose - You shall not use AI-assisted features to generate content that is unlawful, defamatory, discriminatory, misleading, or that infringes the intellectual property rights of any third party - QS Project may use third-party AI service providers to deliver AI-assisted features, and your use of such features is subject to any applicable usage policies of those providers - QS Project reserves the right to modify, suspend, or discontinue AI-assisted features at any time, with or without notice, and shall not be liable for any loss arising from such modification, suspension, or discontinuation