Terms & Conditions
QByte Terms and Conditions.
Last Updated: 15 February, 2024
This End User Terms and Agreement (Agreement) governs any products and services (Services) provided to you by QByte. This Agreement is between the QByte entity that owns or operates the Services that you are using or accessing (listed at the QByte website) and the person or entity agreeing to these terms (you). You warrant that you are over the age of eighteen and have the power and authority to enter into and perform your obligations under this Agreement. If you enter into this Agreement on behalf of your company, then “you” in the remainder of this Agreement means your company, and you warrant that you are properly authorized to bind your company to this Agreement.
You agree to the terms of this Agreement when you submit an order, create an account to access or use a service or click on the “I agree” button that is presented to you at the time of submitting your Order. This Agreement becomes binding on the date that QByte accepts your order or first makes the services available to you, whichever is earlier (Start Date).
Parties Involved: The term "QByte" refers to us as "we," "us," or "our." The "Customer" is identified as an individual, company, organization, or an authorized representative agreeing to these terms. The term "End User" encompasses anyone using the Service, including administrators. "You" represents both customer and end users collectively.
1. Your Acceptance
a. By using the services in any manner, including but not limited to visiting or browsing the site, you agree to these terms of service and all other operating rules, policies and procedures that may be published from time to time on the site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. If you're entering this agreement on behalf of a company, you confirm that you have the authority to bind the company to these terms.
2. Service Description
a. The Services include: the cloud-based, software-as-service solutions (Subscription Services); related support services; and any other products or services QByte provides to you as specified in an Order, but excludes:
any data, information, templates, content, code, video, images or other materials or information of any type that you upload to the Subscription Services, generate by using features of the Subscription Services or otherwise provide to QByte in connection with the services (Your Data);
any modifications made by you or on your behalf (Your Modifications) to the Services, technology, data, information, programs, material or other content QByte provides or makes available to you;
shared materials created by QByte or users of the services that are published or made available to you (Shared Materials);
b. QByte reserves the right to make changes to the Subscription Services in its sole discretion from time to time, including the functionality, features, performance, user interface, and usability, and you agree that this Agreement will apply to any changes or updates to the Subscription Services. QByte will notify you of any change to the Subscription Services (other than No-Charge Services) that reduces its functionality or features in any material respect or if it discontinues any service and is not replaced by a substantially equivalent function or feature. If QByte has notified you under this section, you may terminate the affected services upon providing notice to QByte within 30 days after the date of such notice, and QByte will refund any prepaid, unused Fees in respect of any terminated Subscription Services. Nothing in this section limits QByte’s ability to discontinue any service or to make changes as required to comply with applicable law, address a material security risk, or avoid a substantial economic or technical burden.
c. QByte will make the Subscription Services available to you and all individual users nominated, permitted or invited by you to access the Subscription Services (End Users) solely for your internal business operations during the subscription period specified in your order (Subscription Term) and in accordance with any usage restrictions specified in the applicable order and relevant product and services module. The license granted to you under this section is nonexclusive, worldwide, non-sublicensable and nontransferable.
d. You must promptly notify QByte in writing of any breach of the above conditions of use.
e. You are solely responsible for ensuring that any desktop, mobile telephone or handheld device (Devices) and systems are compatible with the Subscription Services and meet any minimum requirements specified by us.
f. No-Charge Services: QByte may offer certain services to you at no charge, including free accounts, third party products, trial use, and access to pre-release, early release, and beta products (No-Charge Services). You agree that pre-release, early release, and beta products are still in development and may contain errors and bugs. Your use of No-Charge Services is subject to any additional terms that QByte specifies from time to time and is only permitted for the period designated by QByte, or if no such period is designated, 30 days. QByte may terminate your right to use No-Charge Services at any time and for any reason in QByte’s sole discretion.
g. Downloading Shared Materials: When downloading Shared Materials from QByte, it's important to be aware that your usage of these materials is entirely at your own risk. QByte explicitly disclaims any liability to both you and any third party regarding your use of Shared Materials. It is your responsibility to carefully evaluate the suitability of these materials for your specific purposes. This disclaimer is to the extent permitted by applicable law.
3. Accounts
a. You must register for an account to access or receive the services and to receive notices and information from QByte (Customer Account).
b. Each End User must establish a named account to access the services (End User Account). End User Accounts must not be shared.
c. QByte’s services are not intended for, nor to be used by, persons under the age of eighteen. You are responsible for ensuring that all End Users meet this age requirement.
d. You must provide relevant disclosures to, and obtain necessary consents from, End Users to enable QByte to provide the services, including the use, collection, and sharing of information in accordance with our Privacy Policy.
e. You are responsible for all actions taken through your Customer Account and all associated End User and Admin Accounts (collectively, Your Accounts). This includes maintaining the confidentiality of passwords for Your Accounts, ensuring only authorized individuals access Your Accounts, and ensuring all activities under Your Accounts comply with this Agreement
f. If you are an End User, your account is managed by Admin Account(s), not by you. Admin Account(s) have control over your use of the services, including adding or removing you from the services, enabling or disabling features, and managing Your Data and Your Modifications. Your End User Account may be managed by the entity that owns or controls the email domain associated with your account (e.g., your employer). QByte is not responsible for any actions taken by Account Admin(s).
4. Your Data
a. You warrant that Your Data and Your Modifications: Comply with QByte's policies, including the Acceptable Use Policy. Are true, accurate, and not misleading. Do not infringe any third-party rights, including Intellectual Property Rights and privacy rights. You must own, or have secured all necessary rights in, Your Data and Your Modifications, to grant licenses as per this Agreement. Adhere to all applicable laws. Are free from viruses and other malicious computer code, files, or programs.
b. You acknowledge and agree that QByte may remove Your Data or Your Modifications from the services and QByte’s websites if, acting in good faith, we suspect any of the above warranties may be or become untrue. QByte is not obligated to notify you of any such removal.
c. You must secure all necessary consents from relevant individuals for using their Personal Information within Your Data, enabling QByte to provide the services.
d. You are responsible for backing up Your Data and Your Modifications.
e. You agree to indemnify, defend, and hold QByte and its affiliates, service providers, officers, employees, contractors, and customers harmless from any claims, costs, damages, losses, liabilities, and expenses (including legal fees) arising from breaches of section (3)(c) (minimum age), section (3)(d) (End User consent), and this section on Your Data. QByte will provide prompt written notice of any such claim, grant you exclusive control over the investigation, defense, or settlement of such claim, and offer necessary cooperation at your expense.
5. Intellectual Property Rights
a. QByte and its licensors retain all rights, title, and interest, including all intellectual property rights in the Services. This encompasses copyrights, trade or service marks, designs, patents, domain names, and trade names globally.
b. You and your licensors maintain ownership of all rights, title, and interest, including Intellectual Property Rights, in Your Data.
c. You grant QByte a non-exclusive, worldwide, limited term, royalty-free, sublicensable license to access, use, modify, reformat, publish, process, copy, distribute, export, and display Your Data as necessary for QByte to provide the Services. QByte may collect and use data related to your use of the Services, including Your Data (Usage Data), for internal business purposes such as service improvement, support, operation, aggregated data set generation, and analysis. QByte may disclose Usage Data only in an aggregated form that does not identify individuals.
d. If you share a template or course containing Your Data or Your Modifications with other users or publicly via a QByte website, you grant QByte and other users a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use these materials as necessary for making them available and usable. You can restrict Your Account(s) (excluding Admin Account(s)) from sharing templates or courses with other users by contacting QByte’s support team.
e. By submitting feedback to QByte, you grant a worldwide, perpetual, irrevocable, royalty-free license for QByte to use, modify, publish, process, copy, distribute, export, and display this feedback, and incorporate it into the Services. You also waive all moral rights in such feedback.
6. AI Features
a. QByte may provide you with access to features and functionality through the Subscription Services that are powered by both in-house and third-party artificial intelligence systems (AI Features).
b. You are responsible for any text you type in, or images or other content you upload to AI Features (Input) as well as the resulting material that is generated (Output). You acknowledge and agree that both Input and Output are Your Data.
c. You are responsible for ensuring that your Input and Output comply with this Agreement and our QByte Policies.
d. You acknowledge and agree that your Input will not include any Personal Information.
e. You may use your Output for any legally permitted purpose, provided that you comply with this Agreement and accept that any such use is at your own risk. When using your Output, you must let other users of the Output know that the content is AI generated.
f. You acknowledge and agree that the Output is generated by artificial intelligence. QByte has not verified the accuracy of the Output and it does not represent QByte’s views. QByte makes no warranty or guarantee as to the accuracy, completeness, or reliability of the Output and does not accept any liability or responsibility arising in any way from your use of the Output or any omissions or errors contained in the Output. We recommend that you obtain professional and independent advice before you act on any advice contained in the Output, or rely on the accuracy of the Output.
g. You acknowledge that any Input you provide, including any Personal Information or commercially sensitive data that you choose to include within that Input, will be shared with third-party providers such as Google or Open AI. Third-party providers may use such Input to improve their services. This includes any Personal Information you choose to include within such Input. You consent to such Personal Information being included in an Input being shared to any such third-party providers.
h. It is prohibited to use AI Features to mislead anyone that the Output is human-generated, provide medical, legal or final advice, generate legally binding obligations, generate political content, generate source code, generate spam, ransomware or viruses, generate shocking content including profane subjects, generate information to be used for legal purposes or implement fully-automated decision making. In the event your Output is in breach of these terms or otherwise is unlawful, QByte reserves the right to remove the Outputs, disclose the Output to law enforcement or government authorities, and suspend or otherwise terminate Your Account(s).
i. QByte may impose limits on the number of Outputs you can generate using AI Features. You will be notified when you have reached the maximum number of Outputs for your account. Some AI Features are not available in all languages
7. Confidentiality
a. In this Agreement, Confidential Information of a party (Disclosing Party) means information that is identified as confidential at the time of or shortly after disclosure or would be reasonably known by the other party (Receiving Party) to be confidential due to the nature of the information disclosed or the circumstances surrounding its disclosure. This includes information about QByte's business, operations, strategy, administration, technology, affairs, clients, customers, employees, contractors, or suppliers. It does not include information that is in the public domain (such as Shared Materials) other than through a breach of confidence, is independently created by the Receiving Party without any reference to the Confidential Information, is rightfully known by the Receiving Party prior to receipt from the Disclosing Party, or is rightfully obtained by the Receiving Party from a third party without breach of a confidentiality obligation.
b. The Receiving Party must keep confidential and not disclose to any third party Confidential Information of the Disclosing Party, except that a Receiving Party may disclose such Confidential Information:
to a third party with the prior written consent of the Disclosing Party and
to the Receiving Party’s or affiliates or subsidiaries of the Receiving Party’s officers, agents, professional advisers, employees, contractors, subcontractors, auditors, and insurers (Representatives), provided that such Representatives are subject to confidentiality obligations no less stringent than under this Agreement and have a need to know such Confidential Information.
Confidential Information may also be disclosed where the Receiving Party is legally compelled to do so by any government or governmental, administrative, regulatory, fiscal or judicial body, department, commission, authority, tribunal, or agency, provided that it first uses commercially reasonable efforts to give the Disclosing Party written notice prior to disclosure if permitted by law and makes only such disclosure as is legally compelled.
c. The Receiving Party must only use Confidential Information of the Disclosing Party for the purpose for which it was disclosed in connection with this Agreement and shall remain responsible for the compliance of its Representatives to whom Confidential Information has been disclosed with their respective confidentiality obligations
8. Privacy and Security
a. QByte implements appropriate technical and organizational measures to ensure the security of Your Data, including protection against unauthorized or unlawful processing, accidental loss, destruction, or damage. QByte's technical and organizational security measures are detailed at its designated security information webpage.
b. QByte adheres to privacy and data protection laws applicable to the provision of the Services under this Agreement. The collection, use, and disclosure of any personal data from you or your End Users are governed by QByte's Privacy Policy.
c. You are required to comply with all relevant privacy and data protection laws and must ensure that you have obtained all necessary individual consents for QByte to provide the Services, including those from your End Users.
d. Where (i) the EU General Data Protection Regulation 2016/679 (GDPR) or (ii) California Consumer Privacy Act, as amended by the California Privacy Rights Act (CPRA), (Civil Code Section 1798.100, et seq.) (CCPA); or (iii) the laws of other states and territories that create and regulate substantially similar concepts and legal principles as are contained in the GDPR apply to any of Your Data, the terms of QByte’s Data Processing Agreement will be in effect.
e. QByte will make reasonable efforts to prevent the introduction of viruses, Trojan horses, or similar harmful materials (Malicious Code) into the Subscription Services. However, QByte is not responsible for any Malicious Code introduced by you or your End Users.
f. Besides the points expressly noted in this section (8), you acknowledge:
the Services have not been designed to meet the specific requirements of laws or standards that may apply to you regarding Your Data, including but not limited to the Health Insurance Portability and Accountability Act 1996, the Payment Card Industry Security Standards, or any other law or standard applicable to the handling, storage, processing, transfer, security, or location of Your Data in any jurisdiction.
It is your responsibility to ensure that your use of the Services complies with any legal obligations applicable to you regarding Your Data, and QByte disclaims all liability for your noncompliance with any such laws or standards arising from your use of the Services.
9. Orders and Subscriptions
a. To access and use QByte Services, you must complete an Order in one of the following ways:
Completing the Online Order: This involves filling out an online order page which will include details such as the Services being ordered, applicable Fees, the number of paid End User Accounts for your organization in respect of Subscription Services (if applicable), the Subscription Term for any Subscription Services, applicable billing details, and the currency for billing. Additionally, it may include details of any other products offered by QByte in the future that you wish to order.
Executing an Order Form: Alternatively, you may complete a paper-based quote, order form, or statement of work provided by QByte. This form will outline similar relevant information as described in the Online Order.
b. Subscription to the Subscription Services can be made either on a monthly or annual basis, with automatic renewal at the end of each monthly or annual period, as chosen by you.
10. Billing and Payment
a. For QByte Services, you are required to pay all Fees as specified in the applicable Orders. These Fees are set out in terms of rates, currency, and billing cycle or payment milestones. Unless specifically stated otherwise in this Agreement, all Fees are nonrefundable, non-cancellable, and non-creditable.
b. For Subscription Services Orders, QByte will bill you in advance for the recurring Fees. For Services other than Subscription Services, QByte may bill you either on a "fixed-fee" or "time and materials" basis, as outlined in the relevant Order.
c. You have the option to add End Users or other Services during your Subscription Term. This can be done by placing a new Order or through functionalities within the Services. If End Users are added via the Services, billing for the additional Fees will occur in arrears based on the total number of End Users at the end of each calendar month. Unless indicated otherwise in the Order or at the time of purchase, any additional End Users or Services, including cases where you exceed a limit on End Users in a current Order, will be charged at the prevailing rates, prorated for the remainder of your Subscription Term. There are no refunds or credits for removing End Users or Services after they have been added to Your Account(s).
d. If you choose to pay by credit or debit card, QByte will immediately charge the applicable Fees. For invoice payments, all invoiced Fees must be paid within thirty (30) calendar days from the invoice date.
e. The Fees for QByte's Services do not include duties, customs fees, or taxes, such as VAT, GST, or other applicable sales taxes (Taxes). You are responsible for paying any such applicable Taxes in addition to the Fees. If you are exempt from such Taxes, you must provide QByte with the necessary information to determine if Taxes are to be collected from you, including your Tax identification number. Payments to QByte for Services should be made without any Tax withholdings. If you are legally required to withhold Taxes, you must pay additional amounts to ensure that the net amount received by QByte is equal to the amount that would have been received had no withholding been required.
11. Limitation on Liability
a. Under this Agreement, the Services and any other goods or services provided by QByte to you are offered on an "as is" basis. QByte does not extend any representations or warranties, express or implied, regarding these services or goods, including but not limited to implied warranties of merchantability, fitness for a particular purpose, uninterrupted or error-free operation, or correction of all defects.
b. To the fullest extent allowed by law, QByte will not be liable in connection with this Agreement, whether in contract, tort, equity, statute, or otherwise for:
Misuse of the Services, or acts or omissions of your personnel.
Service outages or interruptions, or any damage or losses from networks or websites beyond QByte’s control.
Any injury, property damage, or loss to any person related to your use of the Services.
Breach of any applicable laws in your business activities, including health and safety or food safety laws, in relation to your use of the Services.
c. Moreover, to the greatest extent permitted by law, neither party will be liable under this Agreement, whether in contract, tort, equity, statute, or otherwise for:
Loss of profits, revenue, anticipated savings, use, data, procurement costs for substitute or replacement goods and services, business interruption, failure of security mechanisms, loss of goodwill, and any form of indirect, incidental, special, consequential, or punitive damages, even if advised of such damages or if a remedy fails its essential purpose.
Aggregate liability for any claims related to this Agreement exceeding the total Fees paid by you under this Agreement during the twelve months preceding the event that caused the liability.
d. You have the option to add End Users or other Services during your Subscription Term. This can be done by placing a new Order or through functionalities within the Services. If End Users are added via the Services, billing for the additional Fees will occur in arrears based on the total number of End Users at the end of each calendar month. Unless indicated otherwise in the Order or at the time of purchase, any additional End Users or Services, including cases where you exceed a limit on End Users in a current Order, will be charged at the prevailing rates, prorated for the remainder of your Subscription Term. There are no refunds or credits for removing End Users or Services after they have been added to Your Account(s).
e. If you choose to pay by credit or debit card, QByte will immediately charge the applicable Fees. For invoice payments, all invoiced Fees must be paid within thirty (30) calendar days from the invoice date.
f. The Fees for QByte's Services do not include duties, customs fees, or taxes, such as VAT, GST, or other applicable sales taxes (Taxes). You are responsible for paying any such applicable Taxes in addition to the Fees. If you are exempt from such Taxes, you must provide QByte with the necessary information to determine if Taxes are to be collected from you, including your Tax identification number. Payments to QByte for Services should be made without any Tax withholdings. If you are legally required to withhold Taxes, you must pay additional amounts to ensure that the net amount received by QByte is equal to the amount that would have been received had no withholding been required.
12. IP Indemnity
a. In line with section (12)(c), QByte will defend you against any third-party claim asserting that the Subscription Services infringe upon any copyright or patent (a Claim). QByte will also indemnify you against damages and costs conclusively decided by a court of competent jurisdiction or settlement amounts mutually agreed upon in writing by QByte. This provision is contingent upon you giving QByte:
Prompt written notification of the claim.
Exclusive authority to manage and direct the claim's investigation, defense, or settlement.
All necessary cooperation and assistance in defending and investigating the Claim, at QByte's expense.
Breach of any applicable laws in your business activities, including health and safety or food safety laws, in relation to your use of the Services.
b. In response to a Claim, QByte may at its discretion:
Secure rights for your ongoing use of the Subscription Services as per this Agreement
Replace the Subscription Services with a functionally equivalent service.
All necessary cooperation and assistance in defending and investigating the Claim, at QByte's expense.
Terminate your Order for the affected Subscription Services and refund any prepaid, unused Fees for those terminated services.
c. The indemnity obligation under this section (12) does not apply if the Claim arises:
In connection with your use of No-Charge Services.
Due to misuse of the Subscription Service or use of the Subscription Service with third-party data (including Shared Materials), or in combination with Third Party Products other than as intended or provided by QByte.
From modifications to the Service made by any party other than QByte or its subcontractors.
In circumstances covered by your indemnification obligations under section (4)(e)
d. THIS SECTION (12) OUTLINES YOUR SOLE RIGHTS AND REMEDIES, AND QBYTE’S ONLY LIABILITY, REGARDING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS RELATED TO ANY SUBSCRIPTION SERVICES.
13. Term and Renewal
a. This Agreement initiates on the Start Date and concludes when all Subscription Terms have ended and all other Orders are fulfilled, unless it is terminated earlier as per the stipulations of this Agreement (Term).
b. Unless specified otherwise in the pertinent Order, each Subscription Term will automatically extend for durations equivalent to the initial Subscription Term, at the current rates. This automatic renewal can be ceased if either party chooses not to renew the Subscription Term. To do this, written notice must be provided to the other party no less than 30 days before the conclusion of the ongoing Subscription Term. Should this notice be given, your subscription will terminate at the close of the current Subscription Term.
14. Termination and Suspension
a. You have the option to discontinue Subscription Services at any time through a written notification or via the mechanisms provided within the Subscription Services. If you terminate this Agreement as outlined in this section (14)(a), please be aware that you will not be eligible for any credits or refunds due to such termination.
b. Either party is entitled to terminate this Agreement, in whole or in part, including any specific Order(s), with immediate effect by notifying the other party if:
The other party significantly violates this Agreement and fails to rectify the breach within thirty (30) days following a written breach notification; or
The other party discontinues its operations, is subjected to administration, enters into a company arrangement or other administrative process involving its creditors, faces a liquidation order, is declared bankrupt, or is assigned a liquidator or receiver, or otherwise becomes insolvent or unable to meet its financial commitments.
c. QByte may suspend the Services (including any of Your Accounts) immediately or terminate this Agreement, in whole or in part, including any specific Order(s), if:
You commit a material breach of this Agreement more than twice during the Term despite any rectification of such breaches;
You fail to settle any Fees within sixty (60) days after the corresponding due date;
You violate QByte’s Intellectual Property Rights; or
Your usage of the Services contravenes any applicable legislation or any of the QByte Policies.
d. QByte will attempt to inform you of any suspension or termination as per section (14)(c) whenever feasible.
e. In the event that QByte suspends your access to the Services under its rights in this Agreement:
QByte will continue to invoice you for Fees during the suspension period, and you must clear any due Fees before QByte resumes providing the Services; and
QByte will only recommence providing the Services after you have adequately resolved (to QByte’s reasonable satisfaction) the issue that led to the suspension.
15. Consequences of Termination
a. In the event that this Agreement or any Order is terminated:
If it is terminated by you due to QByte's breach, QByte will refund any prepaid, unused fees pertaining to the terminated Subscription Services.
If it is terminated by QByte due to your breach, you are required to pay QByte any and all outstanding fees for the remainder of any Subscription Term, which will become immediately due and payable upon termination.
b. From the termination or expiration date of this Agreement or any Order, you and your End Users are obligated to stop all access and usage of the Services and erase any of QByte’s Confidential Information in your possession or control. This includes any software or materials provided or made available for download by QByte. Upon QByte’s request, you will confirm that you have adhered to this section (15) (b). It is crucial to export Your Data from the Subscription Services prior to the end of the Subscription Term, as post-expiration or termination, access to Your Data will not be available. QByte will handle Your Data as stated in QByte's Privacy Policy, which may include deletion or destruction.
c. The following sections will continue to apply even after the termination or expiration of this Agreement: sections (2)(g), (4)(a), (4)(c), (5), (6)(b through g), (7), (11), (15)(b), this 15(c) , (17) along with any other sections that are intended or naturally extend beyond the termination or expiration of this Agreement.
16. Amendments
a. QByte reserves the right to revise or alter the terms of this Agreement periodically, including QByte Policies and any referenced documents. This may be necessary to adapt to changes in QByte’s products, services, business operations, or to comply with legal requirements. You will be notified of such updates or modifications. If a revision or modification materially diminishes your rights under this Agreement, you have the option to terminate this Agreement by notifying QByte within 30 days following QByte’s notification to you regarding the change. Such termination will take effect either on the date of your notice or the implementation date of the update or modification, depending on whichever is later. In such cases of termination, QByte will issue a refund for any prepaid, unused fees related to the terminated Subscription Services.
17. General
a. These General User Terms are governed by the laws of the State of California, without regard to its conflicts of law provisions. Neither the U.N. Convention of Contracts for the International Sale of Goods nor UCITA will apply. Any dispute arising out of or relating to these General User Terms shall be exclusively brought in the state and federal courts located in San Francisco County, CA. Each party hereby consents to the exclusive jurisdiction and venue of such courts.
b. If any part of this Agreement is found invalid, illegal, or unenforceable, that part will be excluded to the extent of its invalidity or unenforceability, and the remainder of the Agreement will be interpreted to best achieve the original intent of the parties.
c. The failure of either party to enforce any right provided in this Agreement on any occasion will not be considered a waiver of that right.
d. Except where an exclusive remedy is specified, the exercise of any remedy, including termination, by either party under this Agreement, does not exclude other legal remedies.
e. Neither party will be held responsible for nonperformance or inadequate performance if caused by events beyond reasonable control, like natural disasters, acts of war or terrorism, pandemics, riots, labor conditions, governmental actions, power interruptions, disturbances in telecommunications, data, and internet services (Force Majeure Event).
f. Use of any non-QByte website or software to access or download the Services is governed by the terms of that website or software. QByte disclaims responsibility for any consequences arising from such external sources, except where directly caused by the Service.
g. Notices to you may be posted on QByte's website, inproduct notifications, or via email. Billing-related notices will be sent to your designated billing contact. All other notices will be sent to your Admin Account(s). Notices to QByte and any questions or concerns regarding the Services must be in writing and should be sent to hello@qbyte.ai.
h. This Agreement, and any rights under it, cannot be transferred or assigned by either party without express written consent from the other, except in cases of merger, acquisition, or within affiliates or subsidiaries of the assigning party.
i. You grant QByte the right to identify you as a customer and use your logo in marketing materials. To revoke this permission, contact QByte at hello@qbyte.ai.
j. This Agreement represents the entire understanding between the parties on its subject matter. Resellers of QByte's Services are not authorized to modify this Agreement or make binding commitments on behalf of QByte.
h. You and your End Users must not be on any U.S. government denied-party list, and you agree not to allow any End User to access or use services in U.S.- embargoed countries or regions.
i. Translations of this Agreement will defer to the English version for governance, unless explicitly stated otherwise in the translated document.