Terms of Service

1. Acceptance of Terms

By accessing or using QSmart ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access or use the Service.

These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Service

QSmart is a queue management platform that allows customers to join virtual queues and enables vendors to manage customer queues efficiently. The Service includes:

• Virtual queue management for customers
• Real-time queue position tracking and notifications
• Vendor dashboard and queue management tools
• Communication services (SMS, WhatsApp, email, push notifications)
• Analytics and reporting features for vendors

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 13 years old (or the age of majority in your jurisdiction) to create an account. By creating an account, you represent and warrant that you meet this age requirement.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause or notice, for any reason including, but not limited to, breach of these Terms.

4. User Conduct

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Transmit any harmful, offensive, or inappropriate content
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Engage in any activity that could damage, disable, or impair the Service
• Collect or store personal data about other users without their consent
• Use the Service for any commercial purpose not authorized by us

5. Customer Responsibilities

As a customer using QSmart to join queues, you agree to:

• Provide accurate contact information for notifications
• Respond promptly to queue notifications
• Arrive at the vendor location in a timely manner when notified
• Respect vendor policies and procedures
• Cancel your queue position if you are unable to attend
• Not abuse the queue system or attempt to manipulate your position

Note: QSmart is a queue management tool. The actual service provided by vendors is subject to their own terms and policies. We are not responsible for the quality, pricing, or delivery of services provided by vendors.

6. Vendor Responsibilities

As a vendor using QSmart to manage queues, you agree to:

• Provide accurate business information and maintain your profile
• Use the Service in accordance with all applicable laws and regulations
• Honor queue positions and serve customers in the order indicated by the Service
• Provide accurate wait time estimates
• Maintain the security and confidentiality of customer information
• Pay all applicable fees for vendor services (if any)
• Not use the Service to discriminate against any customers
• Comply with all data protection and privacy laws

7. Fees and Payment

7.1 Customer Use

Use of QSmart by customers to join queues is currently free. We reserve the right to introduce fees for certain features in the future, with advance notice.

7.2 Vendor Fees

Vendors may be subject to subscription fees or usage-based charges as specified in separate vendor agreements or pricing plans. All fees are non-refundable unless otherwise stated.

7.3 Payment Terms

If you are a vendor with a paid subscription, you agree to:

• Pay all fees when due
• Provide accurate billing information
• Authorize us to charge your payment method for all fees
• Notify us of any changes to your payment information

8. Intellectual Property

The Service and its original content, features, and functionality are owned by QSmart and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The QSmart name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of QSmart or its affiliates. You must not use such marks without our prior written permission.

9. User Content

You retain ownership of any content you submit, post, or display on or through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such content for the purpose of operating and providing the Service.

You represent and warrant that you own or have the necessary rights to grant the license above, and that your User Content does not violate any third-party rights or applicable laws.

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, in our sole discretion.

10. Disclaimers and Limitations of Liability

10.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

10.2 No Warranties

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.3 Limitation of Liability

To the maximum extent permitted by applicable law, QSmart and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

10.4 Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by QSmart. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

11. Indemnification

You agree to defend, indemnify, and hold harmless QSmart and its affiliates, officers, employees, agents, partners, and licensors from any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your User Content caused damage to a third party

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to delete your account.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law. You waive any right to a jury trial and agree to resolve disputes on an individual basis.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements.

16. Contact Information

If you have any questions about these Terms of Service, please contact us: