Acceptance of the Terms of Use

These terms of use (these “Terms of Use”) are entered into by and between you and QServus SpA (“QServusLite”, “we” or “us”) and, together with any documents they expressly incorporate by reference, govern your access to and use of the QServusLite web site), including any content, functionality and services offered on or through www.lite.qservus.com, applite.qservus.com and any other websites or mobile applications that post a link to these Terms of Use (collectively, the “Website”) and which are owned and operated by QServusLite.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://applite.qservus.com/assets/tc/en/privacy.html incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Terms and conditions of use

The present text describes the conditions for the use by users of the services offered by QServus SpA. For this purpose, the User is understood to be those natural personnel who make use of the technical means and supports of QServus SpA. Respond to satisfaction surveys of the client company.

For the purposes of these Terms of Use, the Client is understood to be the natural or legal person who has contracted the services of QServus SpA. To carry out satisfaction surveys among their own clients and / or users, as a means to improve their business or professional exploitations. User is understood to be that individual who makes use of the technical means and supports that QServus SpA makes available to the Client in order to respond to the satisfaction surveys designed.

QServus Lite is a registered trademark owned by QServus SpA.

QServus Lite is a service for designing and conducting user satisfaction surveys, aimed at offering information to suppliers and trading companies about their opinions, recommendations and complaints. The surveys consist of a battery of questions and a method of alternative answers, represented by symbols.

QServus Lite is configured as an anonymous service, since the user does not have to enter any personal data that identifies him in order to answer the questions. However, in certain circumstances, the Customer may wish to communicate with the User, requesting their contact information. In this case, the communication by the User of their personal data implies their knowledge, acceptance and implicit consent for QServus SpA to transfer the personal data supplied to the Client.

Likewise, the User expressly acknowledges to be informed that, when he accesses QServus Lite to carry out the survey from an SMS, an email or any other type of communication that contains identifying data, the Client, under his own responsibility, can define mechanisms for collection of information inserted in the URL of access to the survey, which would make it possible for the Client to recover and, eventually, identify the User. QServus SpA does not assume any responsibility for the actions of this nature that the Client could carry out.

QServus SpA. Is exclusively a provider of an intermediation service with the sole purpose of providing the services of surveys described, not being responsible for the content of the data or for its reproduction.

Any natural person accessing the website / Service or any information contained in the website of QServus Lite, expressly declares to be of legal age and accept the following terms and conditions of use of QServus Lite. Consequently, the mere access and use of QServus Lite services will imply the fulfillment of such conditions and the acceptance by the user thereof.

By using our services, the user accepts the statistical use of the their information by the final users of QServus SpA for benchmarking purposes.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Service Aim

The service consists of a brief survey with questions and possibility that the User chooses the answer between the presented options with graphic elements, sort of emojis (Dissatisfied, Neutral, Satisfied). An open field for the User to deposit a message or suggestion to the Client: an optional field for contact data, in which the User can leave a record of them so that the Client can communicate with him.

The User can access the survey through scanning, via his mobile phone, a QR Code that is presented to him by the Customer in another communication medium. By entering a URL or Internet address, which is visible by the Customer in some communication support, and that the User uses in his mobile phone or in another device with internet access or redirected from another website or mobile application.

The answers emitted by the User are stored by QServus SpA. and they serve so that the Client knows his opinion better and can offer better products and services QServus SpA will not publish in any case in open media, such as internet or social networks, any of the opinions or comments that have been entered by the user through the service, without their due authorization.

QServus SpA. Does not charge anything to the User for using the service. It is possible that, because the service is developed by Internet browsing, the User may incur costs related to the transmission and reception of data from his terminal. These costs are unrelated to QServus SpA and are passed on by the User's telecommunications provider.

Temporarily, the service is in Beta phase, it may be that the terminal used by the User does not have any necessary functionality, so it may not work properly. For any question, you can contact the email address contact@qservus.com

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website to take any action that could harm us or a third party or in any way that violates any applicable federal, state, local or international law. You may not attempt to circumvent any restriction or condition imposed on your use or access of the Website, or do anything that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.

Responsibilities

QServus SpA is not the owner of the services marketed by the client companies. Consequently, QServus SpA has no responsibility for the provision of such services, nor for the content of the advertising media used for its promotion.

In addition, QServus SpA does not guarantee that the companies that own the services will heed the opinions or answer the claims of the Users.

Finally, QServus SpA is not responsible for any type of claim that may eventually arise, as consequence of the acquisition of the products or services of the client companies, of their advertising messages or of the suggestion or complaint processes initiated directly through the website or by any other means.

Copyright and Content Ownership

Except when otherwise indicated, the appearance and behavior of the Service is copyright of © QServus SpA . All rights reserved. You may not duplicate, copy or reuse any part of the HTML code, CSS, JavaScript or visual design elements without the express written permission of QServus SpA .

We do not claim intellectual property rights over logos or any other material that may be uploaded by a customer. All materials uploaded by a Client remain its property.

Disclaimer of Warranties

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

The website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. without limiting the foregoing, neither QServus SpA nor anyone associated with QServus SpA represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

Limitation on Liability

In no event will QServus SpA, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website or any websites linked to it, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Indemnification

You agree to defend, at your own expense, QServus SpA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (the “Indemnified Parties”) from and against any claim, suit, action or proceeding arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website (a “Claim”). You agree to indemnify and hold the Indemnified Parties harmless against damages, losses, costs (including reasonable attorneys’ fees) or judgments awarded against any such Indemnified Party in connection with any Claim.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Santiago in Chile without reference to its conflict or choice of law rules or principles. You hereby submit to the exclusive jurisdiction of the courts of the State of Santiago de Chile for any legal action arising out of these Terms of Use or your use of the Website.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to arbitration in Santiago, Chile in accordance with the Commercial Arbitration Rules of and by the Santiago Arbitration and Mediation Centre, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The decision of the arbitrators shall be final and conclusive.

Limitation on Time to File Claims

You must contact us within one (1) year of the date of the occurrence of the event or facts that give rise to any cause of action or claim you may have arising out of or relating to these terms of use or the website, or you waive your right to pursue any such cause of action or claim based upon such event or facts.

Waiver and Severability

No waiver by QServus SpA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of QServus SpA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy and, if you have signed up to use any of the services offered on the Website, the Services Agreement, constitute the sole and entire agreement between you and QServus SpA with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. In the event of any conflict of terms between these Terms of Use and the Services Agreement, the Services Agreement shall control.

Termination

We may, in our sole discretion, terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.