TERMS OF SERVICE
Agreement between User and Startup Systems
Welcome to Startup Systems. The https://startupsystems.net website (the “Site”) is comprised of various web pages operated by Startup Systems. startupsystems.net is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of startupsystems.net constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
startupsystems.net is an E-Commerce Site providing white-labeled solutions for its customers.
The Startup Systems Platform includes software provided by Qredible Inc., located at 7900 Oak Lane, Suite 400 Miami Lakes, Florida 33016 (“Qredible”). By using such software (the “Platform”), You hereby agree that Your access to the Platform shall additionally be subject to the terms and conditions contained in Qredible Inc.’s End User License Agreement (EULA), appended to the Terms of Service.
Privacy
Your use of startupsystems.net is subject to Startup Systems Privacy Policy. Please review the Startup System’s Privacy Policy, located here, which also governs the Site and informs users of our data collection practices. You hereby also agree that Your access to the Platform shall additionally be subject to Qredible’s Privacy Policy, appended to the EULA.
Electronic Communications
Visiting startupsystems.net or sending emails to Startup Systems constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Startup Systems is not responsible for third party access to your account that results from theft or misappropriation of your account. Startup Systems and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Startup Systems does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use startupsystems.net only with permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel your subscription at any time. However, you must cancel before your next billing cycle otherwise you will be billed for the following month of service. There will be no refund issued for the one-time setup fee once you have purchased a plan. Please contact us at startupsystems.net with any questions.
Earnings/ Payments for Store Sales
You will begin to receive commissions from the sales of your store after you’ve reached a $50 Threshold. Payments will be distributed on the 1st and 16th day of the month. Sales completed from the 1st through the 15th will be paid on the 16th and sales made from the 15th though the end of the month, will be paid out the following day. Please contact us at info@startupsystems.net with any questions.
Startup Systems uses a service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. If you register to create an account to receive payments via our application, you expressly authorize our service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You must be at least 13 years old and obtain parental permission if under 18 to receive funds. You authorize us to collect and share with Dwolla your personal information including full name, email address, and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.
Links to Third Party Sites/Third Party Services
startupsystems.net may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Startup Systems, and Startup Systems is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Startup Systems is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Startup Systems of the site or any association with its operators.
Certain services made available via startupsystems.net are delivered by third party sites and organizations. By using any product, service or functionality originating from the startupsystems.net domain, you hereby acknowledge and consent that Startup Systems may share such information and data with any third party with whom Startup Systems has a contractual relationship to provide the requested product, service, or functionality on behalf of startupsystems.net users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use startupsystems.net strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Startup Systems that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Startup Systems or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Startup Systems content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Startup Systems and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Startup Systems or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated, and administered by Startup Systems 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 Startup Systems Content accessed through startupsystems.net in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Startup Systems, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Startup Systems reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Startup Systems in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STARTUP SYSTEMS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
STARTUP SYSTEMS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. STARTUP SYSTEMS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STARTUP SYSTEMS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STARTUP SYSTEMS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Startup Systems reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada, and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Startup Systems as a result of this agreement or use of the Site. Startup Systems performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Startup Systems right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Startup Systems with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Startup Systems with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Startup Systems with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Startup Systems reserves the right, in its sole discretion, to change the Terms under which startupsystems.net is offered. The most current version of the Terms will supersede all previous versions. Startup Systems encourages you to periodically review the Terms to stay informed of our updates.
Product Return Policy
All sales are final. We do not offer returns or exchanges of products of final sale items. We do not offer exchanges or credits. Exceptions: manufacturer defects, wrongfully shipped product, and/or defective products. For issues regarding returns exceptions, contact us at info@startupsystems.net.
Contact Us
Startup Systems welcomes your questions or comments regarding the Terms:
Startup Systems
6000 Eastern Ave. Suite 1B
Las Vegas, Nevada 89119
Email Address: info@startupsystems.net
Telephone number: 702-983-5300
END USER LICENSE AGREEMENT (EULA)
The Startup Systems Platform include software provided by Qredible Inc., located at 7900 Oak Lane, Suite 400 Miami Lakes, Florida 33016 (“Qredible”). By using such software (the “Platform”), You hereby agree that Your access to the Platform shall additionally be subject to the terms and conditions contained in this End User License Agreement (this “Agreement”). If You accept the terms of this Agreement on behalf of any employer or business entity, you are legally binding such entity to this agreement, and You hereby represent and warrant that You are authorized to do so. This Agreement shall become effective on the date You first access or are provided access to the Platform (the “Effective Date”). You hereby agree that Your access to the Platform shall be subject to the terms and conditions contained herein and the terms and conditions of Your agreement with Startup Systems, dba Startup Systems (the “Startup Agreement”). This Agreement is made part of, and attached to, the Startup Agreement.
THE PLATFORM
Provision of the Platform. Subject to all terms and conditions of this Agreement, You and Your employees and authorized representatives for whom you have purchased a license to use the Platform and who are legally bound to comply with the terms and conditions of this Agreement (collectively, “Authorized Users”) shall have the right to access and use the Platform during the Term (as defined below) solely for purposes of supporting Your business operations and solely in the manner enabled by Qredible and in accordance with all applicable usage limitations and generally available documentation. You agree to use the Platform in compliance with all applicable laws, rules, and regulations, and You agree that You are solely responsible for Your compliance with all such applicable laws, rules, and regulations. Except as expressly set forth herein, you are solely responsible for purchasing and configuring all hardware, software and services that may be necessary or desirable for Your use of the Platform.
Usage Restrictions. You (a) acknowledge that use of the Platform is provided hereunder solely for Your benefit and (b) agree not to use the Platform for the benefit of any other person(s). You agree not to, not to attempt to, nor allow any third party to: (i) copy, distribute, rent, lease, lend, sublicense or transfer the Platform, make the Platform available to any third party or use the Platform on a service bureau or time sharing basis, (ii) decompile, reverse engineer, or disassemble the Platform or otherwise attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Platform, (iii) create derivative works based on the Platform; (iv) modify, remove, or obscure any copyright, trademark, patent or other notices or legends that appear on the Platform or during the use and operation thereof; (v) publicly disseminate performance information or analysis (including benchmarks) relating to the Platform; (vi) utilize any software or technology designed to circumvent any license keys or copy protection used in connection with the Platform; (vii) use the Platform to develop a competitive product offering; or (viii) use the Platform in a manner which violates or infringes any laws, rules, regulations, third party Intellectual Property Rights, or third party privacy rights. You may not use any automated means, including agents, robots, scripts, or spiders, to access or manage the Platform, except solely to the extent as may be specifically enabled and authorized by the Qredible in writing.
TERM
Qredible hereby grants You the right to access and provide Feedback to Qredible on usability, features, functionality, and the like during the term of this Agreement beginning on the Effective Date and continuing until terminated by either party at any time (the “Term”). Upon termination of this Agreement, all rights granted to You hereunder shall automatically cease and the provisions titled, “Restrictions”, “Feedback”, “Confidentiality”, “Disclaimers”, “Limitation on Liability” and “Miscellaneous”.
LICENSE
Qredible hereby grants to You a non-exclusive, non-sublicensable, non-transferable limited license to access and use the Product during the Term, in a format designated by Qredible, solely for evaluation purposes and subject to the terms and conditions herein. Except for the limited rights granted herein, you shall have no right, title, interest or ownership in Product, any Feedback, or any Intellectual Property Rights in the foregoing. All right, title, interest, and ownership in and to the Product, including all Intellectual Property Rights, will remain solely with Qredible. For purposes hereof, “Intellectual Property Rights” shall mean all worldwide intellectual property rights (whether or not registered), including, without limitation, the rights arising from or in respect of the following: (i) all patents and applications therefor; (ii) all trademarks; (iii) all copyrightable works and copyrights (including software), database and design rights and registrations and applications therefor, and works of authorship, together with all translations, adaptations, derivations, reversions, extensions and renewals thereof; (iv) Internet domain names; and (v) all rights in trade secrets, know-how and confidential and proprietary business information, including Confidential Information. In consideration for its obligation to provide Feedback (as defined below), during the Term, you will be provided free usage of the Product. Thereafter, you may choose to enter into a service agreement for Product usage under a mutually acceptable agreement.
RESTRICTIONS
This Agreement does not permit You or any third party to: (i) modify, translate, reverse engineer, decompile, disassemble the Product or otherwise attempt to discover the source code of all or any portion of the Product; (ii) modify, edit, translate or create derivative works of all or any portion of the Product; (iii) copy or distribute the Product; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (v) publish or make public any results of benchmark tests run on any Product to a third party without the prior written consent of Qredible. Except as expressly set forth herein, no licenses of any kind are granted hereunder, whether by implication, estoppel or otherwise.
FEEDBACK
It is expressly understood, acknowledged, and agreed that You shall, regardless of whether or not formally requested to do so, provide to Qredible reasonable suggestions, comments, and feedback regarding the Product, including but not limited to usability, functions, feedback, bugs, etc. (collectively, “Feedback”). Should You encounter any bugs, glitches, lack of functionality or other problems on the website, you shall immediately report it to Qredible so it can be rectified accordingly. Qredible shall have the right to make use of and incorporate the Feedback into the Product or other Qredible products and/or services as determined by Qredible in its sole discretion. You can submit its requests and issues to the following email address: support@qredible.com
CONFIDENTIALITY
“Confidential Information” shall mean all nonpublic and proprietary information of a party and includes, without limitation, the terms of this Agreement, the Product, the software, technical information, and information received from third parties that a party is obligated to treat as confidential. Confidential Information includes not only written information but also information transferred orally, visually, electronically, or by other means. All Feedback shall be considered the Confidential Information of Qredible. Each party agrees not to disclose and will protect the other’s Confidential Information disclosed in connection herewith from unauthorized dissemination and use with the same degree of care that such party uses to protect its own like information, but in no event using less than a reasonable degree of care to protect such information. Neither party will use the other’s Confidential Information for purposes other than those necessary to directly further the purposes of this Agreement. The parties respective confidentiality obligations of non-use and non-disclosure shall not apply to any information that (i) has been disclosed in publicly available sources; (ii) is, through no fault of the party receiving the information hereafter disclosed in a publicly available source; (iii) is in rightful possession of the party receiving the information without an obligation of confidentiality; or (iv) is independently developed by the receiving party without reference to information disclosed by the other party hereunder. In the event that either party is required by law, regulation, legal process or court order to disclose any Confidential Information of the other, the disclosing party shall promptly notify the other in writing prior to making such disclosure in order to facilitate that party to seek a protective order or other appropriate remedy from the proper authority. Both parties agree to cooperate with the other in seeking such court order or other remedy, and further agree that if a court order or other remedy is not successfully obtained the receiving party will furnish only that portion of the other party’s Confidential Information that is legally required and will exercise all reasonable efforts to obtain reliable assurances that confidential treatment will be accorded to the Confidential Information.
DISCLAIMERS
THE PRODUCT HEREUNDER IS STILL IN DEVELOPMENT AND IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND QREDIBLE DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, USABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, TO THE EXTENT AUTHORIZED BY LAW. YOU ARE ADVISED TO SAFEGUARD YOUR IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE PRODUCT. ANY USE OF THE PRODUCT IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO – WITHOUT LIMITATION – ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
LIMITATION OF LIABILITY
IN NO EVENT WILL QREDIBLE BE LIABLE TO YOU OR ANY PARTY FOR ANY LOSS OF USE; INTERRUPTION OF BUSINESS; OR ANY DIRECT; INDIRECT; SPECIAL; INCIDENTAL; EXEMPLARY OR PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) IN EXCESS OF $100 REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT; TORT (INCLUDING NEGLIGENCE); STRICT PRODUCT LIABILITY OR OTHERWISE; WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PRODUCT TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF QREDIBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MISCELLANEOUS
You may not assign or otherwise transfer (by operation of law or otherwise) any of its rights, or delegate or otherwise transfer any of its obligations, under this Agreement in whole or in part without the prior written approval of Qredible. A merger, consolidation or other reorganization resulting in a change of voting control of your entity shall be deemed an assignment hereunder. Any purported assignment in violation of this section shall be void. The failure of either party to insist upon strict adherence to any material term or condition of this Agreement on any occasion shall not be considered a waiver of any right thereafter to insist upon strict adherence to that term or condition or any other material term or condition of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect. The parties agree that a breach of this Agreement by You may give rise to irreparable injury to Qredible that may not be adequately compensated for by damages and, consequently, Qredible shall be entitled to seek, in addition to all other remedies available to it, injunctive and other equitable relief to prevent a breach of this Agreement and to secure the enforcement of this Agreement. For the purposes of this Agreement, Qredible shall be a third-party beneficiary of the Startup Agreement, and Qredible shall have the right to enforce any rights of Startup Systems, dba Startup Systems thereunder against You, with respect to the Platform. It is the intention of the parties that this Agreement shall be subject to and shall be governed by and construed in accordance with the internal laws of the State of New Jersey without reference to its choice of law provisions. All actions and proceedings arising out of or relating to this Agreement shall be heard and determined exclusively in any New Jersey state or federal court sitting in the County of Camden, New Jersey. The parties hereto hereby (a) submit to the exclusive jurisdiction of any such court for the purpose of any claim, action, suit, proceeding, arbitration, mediation or investigation (an “Action”) arising out of or relating to this Agreement brought by any party hereto, and (b) irrevocably waive, and agree not to assert by way of motion, defense, or otherwise, in any such Action, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the Action is brought in an inconvenient forum, that the venue of the Action is improper, or that this Agreement or the transactions contemplated hereby may not be enforced in or by any of the above-named courts. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all other oral, written, or other communications between them concerning its subject matter.
QREDIBLE, INC.
PRIVACY POLICY
Section 1 – General Terms; Acceptance of Policies
Section 2 – Information Privacy Statement
Section 3 – Additional State Privacy Notices
Section 4 – Policy Changes and Contact Information
SECTION 1 – GENERAL TERMS; ACCEPTANCE OF POLICIES
The Startup Systems Platform includes software provided by Qredible Inc., located at 7900 Oak Lane, Suite 400 Miami Lakes, Florida 33016 (“Qredible”). The use of such software (the “Platform”) is subject to both Startup Systems Privacy Policy, located here, and Qredible’s Privacy Policy (this “Policy”).
The Platform is a copyrighted work belonging to Qredible, Inc. (“us,” our,” and/or “we”), and its affiliates, subsidiaries, parent company, and other related companies. The terms “you,” “your,” and “User” shall refer to the individual or person visiting, browsing, reviewing, or using the Platform in any manner whatsoever. Our company and you may individually be referred to as a “Party” or collectively as the “Parties.”
We offer the Platform and our social media pages and other channels, including all access to, use of, and the information, tools, products, and services within the Platform and our social media pages and other channels (collectively the “Services”) to any individual or person expressly conditioned upon your agreement to be legally bound to the Terms of Service, Privacy Policy, Shipping and Returns Policy, and all other all terms, conditions, policies, procedures, and notices stated, referenced, or hyper-linked herein, including the binding arbitration of disputes and class action waiver set forth in Section 22 and Section 23 of the Terms of Service (collectively “the Policies”). The Policies govern and define your relationship with our company and your use of the Platform and Services.
The Policies apply to each and every individual and person that accesses or uses the Platform and Services, including without limitation, any User who is a browser, vendor, customer, merchant, or contributor of content or comment.
You represent and warrant that you have the right, authority, and capacity to agree to the Policies. If you are using the Platform or Services on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to the Policies.
By your accessing, visiting, browsing, reviewing, or using the Platform and our Services in any manner, and by your viewing, considering, or purchasing our products (collectively hereinafter “Proceeding”), you voluntarily and affirmatively engage, interact with, and utilize the Services, and by your actions of Proceeding you agree to be legally bound the Policies.
Please read the Policies carefully before Proceeding, because by Proceeding you acknowledge and agree to every statement and section within the Policies, regardless of whether you have actually read the Policies, because we have made the Policies available for you to read before Proceeding, including the binding arbitration of disputes and class action waive set forth in Section 22 and Section 23 of the Terms of Service.
If you do not agree to the Policies, or if you do not have the right, authority, and capacity to agree to the Policies, then you may not access or use this Platform or access or use any of the Services. If the Policies are considered an offer, then your acceptance is expressly limited to the Policies.
SECTION 2 – INFORMATION PRIVACY STATEMENT
Your privacy is important to us. Please read this Information Privacy Statement (“the Statement”) carefully to understand what information we collect from and about you, through our interactions with you and your use of the Platform and our Services, and how we use and disclose that information. It also describes your choices regarding use, access, correction, and deletion of your personal information.
Information Collection – General
Information You Provide: In general, you can visit the Platform without providing personal information. However, if you decline to provide the requested information, you may not be able to take full advantages of the Platform and its features, effect a purchase of our products or Services, or otherwise use our products and Services. Except as otherwise provided below, or under the “Information Use” section, or under the “Information Sharing” section, when you supply information about yourself for a specific purpose, we use that information only for the specified purpose and to fulfill our regulatory or legal obligations or manage the security and internal operations of the Platform.
Registration, Account Access, and Purchases: When you register, access your account information, or effect a transaction online, we must collect certain information about you to create the account or to facilitate your transaction. The types of information we may collect from you depend on the product or service you have with us, and may include:
Your name, mailing address, billing address, email address, and phone number;
Your bill payment (including payment amount and designated payee);
Your credit or debit card or bank account numbers, expiration date, and cardholder or account holder name;
Your Username, your account number associated with the bill that you are paying, and any applicable credentials;
Your Social Security Number (SSN) and/or Employer Identification Number (EIN) regarding wholesale accounts for required state and federal exemption and tax reporting purposes.
Online Surveys: At times, we may conduct online surveys to better understand your needs, to provide you with enhanced services, and to help you use the services and Platform more effectively. If you participate in a survey, we will request certain information, such as your name, email address, and ZIP code. Participation is completely voluntary.
Testimonials: We may also display testimonials of satisfied customers and other endorsements on our Platform. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at support@qredible.com
Social Media: If you link to your Facebook or other social media account through the Platform, we may receive certain information about you based on your registration and privacy settings on those third-party services. This information may include, but may not be limited to, your name, demographic information, updated address or contact information, location, interests, and account and other online activity.
Information Collected from Other Sources. We may acquire information from other trusted sources to update or supplement the information that you provide or that we collect automatically (such as information to validate or update your address or other demographic and lifestyle information). We may use this information to help us maintain the accuracy of the information that we collect, to target our communications so that we can inform you of products, services, or other offers that may be of interest to you, and for internal business analysis or other business purposes.
Combination of Information. We may combine the information that we receive from and about you, including information you provide to us and information that we automatically collect through our Platform, as well as information collected offline, across other computers or devices that you may use, and from third party sources.
Information Collection – Cookies.
When you use and interact with the Platform, we use various technologies to collect information about you automatically, such as cookies For example, we may automatically collect browser type, device type, operating system, the unique device identifier of any of your computer or device that is used to access the Platform, software version, Internet Protocol (“IP”) address, geolocation, phone model, phone operating system, and the domain name from which you accessed the Platform. We also may collect information about your use of the Platform, including the date and time you visit the Platform, the areas or pages of the Platform that you visit, the amount of time you spend viewing or using the Platform, the number of times you return to the Platform, other click-stream or Platform usage data, emails that you open, forward, or click-through to our Platform, and other sites that you may visit.
We use cookies and similar technologies for several purposes, depending on the product, including:
Storing Your Preferences and Settings. We use cookies to save preferences, such as language, browser, and multimedia player settings, so you do not have to set them each time you return to the Platform.
Sign-in and Authentication. When you sign into the Platform, we store a unique ID number and sign-in time in an encrypted cookie on your device. This cookie allows you to move from page to page within the Platform without having to sign in again.
Security. We use cookies to detect fraud and abuse of our Platform and services.
Social Media. The Platform may include features provided by social media companies, such as the Facebook “Like” and “Share” buttons. These features may collect your IP address and the page(s) you visit on the Platform. In addition, they may set a cookie to enable the features to function properly.
Analytics. To provide our products and services and to improve your user experience on our Platform, we use cookies and other identifiers, including cookies and other identifiers from third-party analytics providers, to gather usage and performance data. For example, we use cookies to count the number of unique visitors to a web page and to develop other statistics about the operations of our products and services.
Performance. We use cookies for load balancing to ensure that the Platform remains up and running.
Log Files. We may automatically gather, or engage a third party to gather, certain data about our Platform’s traffic and store it in log files. For this purpose, we use IP addresses to analyze trends, execute the Platform, track our users’ activities, and gather broad demographic information for aggregate use. We may combine this automatically collected log information with other information that we collect about you. We do this to improve the services we offer you, marketing, analytics, or Platform functionality.
Local Storage. We use Local Storage, such as HTML5, to store content information and preferences on your device. Third parties with whom we partner to provide certain features on our Platform or to display advertising based on your browsing activity also use HTML5 to collect and store information about you. Various browsers may offer their own management tools for removing HTML5.
Tracking Options and California Do Not Track Disclosures. You may adjust your browser or operating system settings to limit tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Platform or take full advantage of all of our offerings. Check the “Help” menu of your browser or operating system to learn how to change your tracking settings or cookie preferences. On your mobile device, you can adjust your privacy and advertising settings to limit tracking for advertising or control whether you receive more relevant advertising.
Please note that our systems may not recognize Do Not Track headers or requests from some or all browsers. To learn more about the use of cookies or other technologies to deliver more relevant advertising and your choices with respect to the collection and use of data by these third-party tools, please click here or here.
You can also opt out of data collection or use by some third-party analytics providers by going to the following sites:
AppsFlyer: www.appsflyer.com/optout
Mixpanel: mixpanel.com/optout
Visible Measures: www.visiblemeasures.com/viewer-settings-opt-out
WebTrends: ondemand.webtrends.com/support/optout.asp
Information Use
Qredible, Inc. may use the information collected from and about you in the following ways:
To process transactions and otherwise provide you with our products and Services;
To maintain your account and allow you to register and create and access that account;
To enhance your Platform experience, including by recognizing you and your Platform preferences and settings;
To provide you with customized Platform content or targeted offers;
To contact you with information and other materials from us;
To respond to your inquiries and contact and communicate with you when necessary;
To review the usage and operations of our Platform, develop new products or services, and conduct analysis to enhance or improve our content, product, and services;
To use your data in an aggregated, non-specific format for analytical and demographic purposes;
To address problems with the Platform or our business and to protect the security or integrity of the Platform or our business; and
As otherwise described to you at the point of collection or with your consent.
Information Sharing
We may disclose the information collected from and about you in a number of ways. We do not sell or rent any of your personal information and will not share any of your personal information with third parties except in the circumstances described below, as otherwise described to you at the point of collection, or with your permission.
Service Providers. We may share your information with our business partners, service vendors, suppliers, or other authorized third-party contractors who provide services on our behalf. We will only provide these third parties with the minimum amount of information necessary to complete the requested service and will require that these third parties keep your information confidential and use it only for the limited purpose of completing the requested service.
Legal Matters and Safety. We may disclose your information to cooperate in investigations of suspected fraud or other illegal activity, including situations involving potential threats to the physical safety of any person; to conduct investigations of violations of the Terms of Service or the Policies; any other legal document or contract related to our Services, or the rights of any third party; when we are obliged or permitted by law to do so, such as in response to a court order, subpoena, judicial process, or government request or investigation; or when we suspect fraudulent or criminal activities.
Aggregate Non-Personal Information. We share de-identified non-personal, statistical, or demographic data with our business partners or for public relations and marketing purposes. For example, we may reveal the percentage of our customers who make payments with a credit card versus a checking account.
Merger or Acquisition. We reserve the right share your information in the event that we merge with or are acquired by another company. Should such a merger or acquisition occur, we will notify you via a prominent notice on our Platform and use reasonable efforts to try to require that the other company use personal information provided through this Platform in a manner that is consistent with this Privacy Statement.
Your Rights with Respect to Your Personal Information:
To exercise your data privacy rights, you may:
Request access to and the correction of personal information collected from and about you on the Platform.
You may also update the personal information associated with your profile by visiting your account.
Cancel your account or request that we no longer use your information to provide you with any services.
Erase or, in some instances, object to the processing of your personal information.
To exercise these rights, contact us at support@qredible.com. Please do not send us your personal information, other than your name and email address, via email. We will respond to your request to access within a reasonable timeframe.
SPECIAL NOTE. We shall retain your information for as long as your account is active or as needed to provide you with Services. In addition, we shall maintain and use your information for as long as necessary to comply with our legal obligations, resolve disputes, and administer our agreements, including the Policies.
Agreeing to Email Communications From Us and Opting Out. By Proceeding and providing us with your email address, you acknowledge and agree that you expressly consent in writing to receiving email communications from us, including marketing emails and other commercial email messages, which may include messages about new products or additional Services from which you may benefit. Please be advised that you may also opt out of receiving marketing emails from us by clicking the “Unsubscribe” link found at the bottom of the email.
Information Security
Security. The security of your information is very important to us. We take commercially reasonable precautions consistent with applicable regulatory requirements and applicable published security standards, including encryption as outlined in the Payment Card Industry Data Security Standard (PCI DSS), to protect the personal information submitted to us. However, no method of transmission over the Internet or method of electronic storage is 100% secure. As a result, we cannot guarantee absolute security.
Data Storage and Privacy Shield. Your personal information will be transferred to, stored, and processed on servers in, and subject to the laws of the United States, where data protection and other laws may differ from those of your country of residence. To help ensure we respect your data privacy rights and protect the transfer of your personal information to the United States, where it will be processed and stored, we comply with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework, as set forth by the U.S. Department of Commerce. We also require that our third-party service providers comply with the Privacy Shield or another mechanism permitted under applicable EU and Swiss data protection laws for the transfer and processing of personal information.
Minors and Children. We recognize the importance of minor safety and privacy on the Internet. For this reason, we do not engage in business with nor intentionally collect personal information from individuals under the age of 21, nor do we offer content targeted to individuals under the age of 21. See also our Terms of Service regarding minors and individuals under the age of 21.
Links to Other Sites. The Platform may contain links to other third-party sites, which may have privacy policies that differ from our own. Please note that we are not responsible for the practices of these third-party sites, and they are not covered by our Privacy Policy. We encourage you to be aware when you leave our Platform and to review the privacy policies of these sites.
SECTION 3 – ADITTIONAL STATE PRIVACY NOTICES
Nevada Residents: We do not sell the personal information of Users. Nonetheless, we provide you notice Nevada law gives Nevada residents the right to request that their personal information not be sold at any time, regardless of our current business practice. If you are a Nevada resident and wish to exercise this right, please submit your request by emailing us at support@qredible.com.
Texas Residents: We do not sell the personal information of Users. If you have a privacy complaint, first contact us at support@qredible.com. If you still have an unresolved complaint, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, TX 78705-4294; (877) 276-5554 (toll free); http://www.dob.texas.gov/
Vermont Residents: We do not sell the personal information of Users. In accordance with Vermont law, we will not share information we collect about you with companies outside of Qredible, Inc. except as required or permitted by law. For example, we may share information to service your account, complete requested transactions, or to provide rewards or benefits to which you are entitled. We automatically treat customers with a Vermont mailing address as having limited sharing with our affiliates as provided above.
California Residents: This Privacy Notice for California Residents supplements the information contained within our Privacy Policy and applies solely to visitors, users, and others who reside in the State of California. The California Consumer Privacy Act of 2018 (“CCPA”) became effective on January 1, 2020, and creates a variety of privacy rights for California residents. We share the same information about our privacy practices with everyone but use this notice to make certain disclosures required by the CCPA. This notice includes the following parts:
Transparency: We are transparent about how your personal information is collected, used, shared, and sold.
Control: We put you in control of your personal information, including accessing and deleting your personal information.
Benefits to You: We use your personal information to benefit you and to make your experiences better.
Transparency
What Personal Information We Collect. You have the right to know what kinds of personal information we are collecting and our business purposes for that collection. We make this information available to you in the Information Collection section of our Privacy Policy.
How We Use Your Personal Information You have the right to know how personal information is obtained, how it is used, and our business purposes for that use. We make this information available to you in the Information Collection and Information Use sections of our Privacy Policy.
How We Share Your Personal Information. You have the right to know if your personal information is shared with any third parties. We may share personal information to have service providers, as defined by the CCPA, perform services specified by written contract with us. In addition, we may share personal information with third parties for other notified purposes, as permitted by the CCPA. We make this information available to you in the Information Sharing section of our Privacy Policy.
We Do Not Sell Your Personal Information. You have the right to know whether your personal information is being sold. Your personal information is sold when it is shared with a third party for monetary or other valuable consideration for a purpose that is not a “business purpose” as set forth in the CCPA. We do not sell your personal information.
Control: Your Right to Know, Right to Receive, and Right to Delete
You have the right to:
Know what specific pieces of personal information we have collected and retained about you over the previous 12 months.
Receive a copy of your personal information.
Delete your personal information.
We make it easy for you to exercise your rights. Simply email your inquiry/request to us at support@qredible.com. Before helping you with your inquiry or request, we may ask to verify your identity or the identity of your authorized agent.
Right to “Opt-out” of “Sale.” We do not sell your personal information, so we do not offer an opt out.
Benefits to You
Financial Incentives. The CCPA allows businesses to offer consumers financial incentives for sharing personal information. For example, a business can offer a rewards program or provide a premium service to consumers as compensation for their personal information. Where we offer these programs, your participation is optional. If you choose to participate, your participation will be subject to any applicable terms, and you may withdraw at any time.
Non-Discrimination. The CCPA prohibits businesses from discriminating against you for exercising your rights under the law. Such discrimination may include denying a good or service, providing a different level or quality of service, or charging different prices. The CCPA permits businesses to provide differing levels or quality or different prices where the business can demonstrate that the difference is reasonably related to the value to the business of the consumer’s personal information.
SECTION 4 – POLICY CHANGES AND CONTACT INFORMATION
Changes to Our Privacy Policy
We reserve the right to amend our Privacy Policy at our discretion and at any time. When we make changes to our Privacy Policy, we will notify you in our sole discretion either by email or through a notice on our website homepage. Your continued use of the Platform following the posting of changes will mean that you accept those changes.
Contact Information
If you have any questions or comments about our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate
