TERMS OF SERVICE FOR QOMUNITI APP

INTRODUCTION

https://www.qomuniti.com/ ("Qomuniti," "Website", "We," "Us," or "Our") is a platform built to host, manage, and deploy digital estate solutions to users via smartphones, tablets, and computers. Qomuniti is owned and operated by Zettaworks Technologies.

These Terms of service, including our Privacy Policy (the “Terms”) govern your use of our products and services, as used in these Terms of services for Qomuniti (web and mobile applications) for estate and property management, including all features of the application that is associated with our services.

Age Restriction

Our products and services are available only to persons above the age of 18. By signing up to use this application, you warrant you are above the age of 18.

Accepting our Terms of Service

By signing up for Our services, You accept and agree to be bound and abide by these Terms and Our Privacy Notice. If You do not want to agree to these Terms and/or the Privacy policy, You must not sign up for Our services. You are, therefore, advised to read these Terms carefully, as Your use, access, browsing of Our Services or Products, with or without payment and with or without subscription, through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.

When using services offered through Qomuniti’s third-party service providers, You will be subject to Terms posted by these third-party service providers. Registration for any of Our Services or Products signifies Your agreement to those additional Terms.

Our Service

Qomuniti is a platform where Users can gain access to estate management solutions. Once an Estate subscribes with Qomuniti, their residents (Users) can register themselves via the Web or mobile Application to gain access to our product or services

Subscription, Free Trials, Billing, Renewal and Cancellation

Free Trials:

Your Qomuniti subscription may start with a free trial. The free trial period lasts as specified during your sign-up. You can cancel your Qomuniti free trial at anytime. Unless otherwise stated, free trials may not be combined with any other offers and are limited to an Estate. Free trials are for new and certain former members only.

Billing:

By signing up to Qomuniti subscription, you are expressly agreeing that we are authorized to charge you a subscription fee at the then current rate, every one (1) month, three (3) months, six (6) months, or twelve (12) months or based on any length of time we determine (“Subscription Period”) depending on your subscription plan, in addition to any other fees or charges you may incur in connection with your use of Qomuniti products or services, including any applicable taxes to the Payment Method. You acknowledge that the amount billed during each Subscription Period may vary for reasons that include promotional offers, changes in your Subscription plan, or changes in any applicable taxes and you authorize Zettaworks Technologies to charge your Payment Method for the corresponding amounts.

Reoccurring billing:

We automatically bill your Payment Method on the calendar day corresponding to the commencement of your Subscription Period and each Subscription Period thereafter (subject to a few exceptions, such as Payments by direct bank and cash payments) unless and until you cancel your subscription. In the event your Subscription Period begins on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or Subscription Period or such other day, as we deem appropriate.

As used in these Terms, "Billing" shall indicate either a charge or debit, as applicable, against your Payment Method.

Automatic Renewal:

If your Payment Method expires and you do not edit your Payment Method information or cancel your account, your service will automatically renew without prior notice to you, using the details of your previous payment. You must cancel your service before it renews in order to avoid us billing your account.

Payment Methods:

Payments can be made via credit card, debit cards, Bank transfer or via any other payment method accepted by Qomuniti.

No Refunds:

All fees and charges are non-refundable including refunds for partial months and services not used. If there are special situations or circumstances where Qomuniti determines it is appropriate, we may provide credit to affected subscribers. The amount and form of such credits, and the decision to provide them, are at sole and absolute discretion of Zettaworks Technologies.

Price changes:

We reserve the right to adjust pricing for our service or any components thereof, including pricing for subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion.

Conduct During Use

A User shall use our Web and or Mobile Application for lawful purposes only. Accordingly, a User shall not post, send or transmit any material which violates or infringes in any way upon the rights of others or perform any act that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conducts that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.

Any conduct by a User that restricts or inhibits any other User from using or enjoying this Website is prohibited.

Note that Zettaworks Technologies reserves the right to deny You access to any of the Services or Products or any portion thereof without notice for violating the use of our application.

Use Of Services

Your use of Our Products, Websites, Applications and Services is solely for Your personal and non-commercial use. Any use of the Application, Website, Service or Product or their contents other than for personal purposes is prohibited. The following restrictions apply to Your personal and non-commercial use of Our Application, Website, Products and / or Services:
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trade-mark, patent, trade secret or other proprietary rights of the Zettaworks Technologies.

• Upload files that contain viruses, malware, worms, corrupted files, or any other similar software or programs that may damage the operation of our systems.

• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices indicating the moral intellectual property right of another or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded to Our Website and/or Application.

• Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website, to access, acquire, copy or monitor any portion of the Application/Website, or in any way reproduce or circumvent the navigational structure or presentation of the Application/Website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website.

• Restrict or inhibit any other User from using and enjoying our Products and/or Services.

• Violate any code of conduct or other guidelines, which may be applicable for any Product or Service.

• Violate any applicable laws or regulations.

• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Users of the Services or other User or usage information or any portion thereof.

We reserve the right to review posts, feedbacks, and updates posted to this web or mobile application by any User and to remove any materials that are posted for a prohibited purpose, as well as suspend that User.

Intellectual Property

All present and future rights in and to trade secrets, patents, copyrights, trade-marks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the services provided by this application- mobile or web (the “Intellectual Property Rights”) shall, vest in Zettaworks Technologies.

The content of this mobile and/or web application, including but not limited to computer programs, technology, data file, techniques, algorithms, methods, codes, logos, marks, trade secrets, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, are protected as a collective work or compilation under Nigerian copyright and other relevant conventions and treaties. All individual content, modules, articles, and other elements, including all software available on this Web and/or mobile application, or used to create and operate this application is and remains the property of Zettaworks Technologies, excluding third-party materials used to create contents on our website.

All trade-marks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on this Website/mobile application are the property of their respective owners. A User may only use such marks with the prior written consent of the owner.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation of it by Zettaworks Technologies.

You agree to abide by all applicable copyright laws, as well as any additional copyright notices or restrictions contained on this Website/Mobile Application. You acknowledge that this Website is developed, compiled, prepared, revised, selected, and arranged by Zettaworks Technologies and its partners and constitute their intellectual property. You agree to protect the proprietary rights of Zettaworks Technologies and all others having rights in this Website during and after the term of these Terms and to comply with all reasonable written requests made by Zettaworks Technologies or its suppliers and licensors of contents (“Affiliates”).

In a bid to protect Your copyright as well as the copyright of other Users, You agree to notify Zettaworks Technologies in writing promptly upon becoming aware of any unauthorized access or use of this Website by any individual or entity.

All present and future rights in and title to this Website (including the right to exploit this Website and any portions of it over any present or future technology) are reserved to Zettaworks Technologies for its exclusive use. Except as specifically permitted by these Terms, You may not copy or make any use of this Website or any portion of it, without prior written approval from Zettaworks Technologies.

You shall not upload, post or otherwise make available on this Website, any content protected by copyright, trade-mark or other proprietary rights without the express permission of the owner of the copyright, trade-mark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By providing any material to this Website, You automatically grant or warrant that the owner of such material has expressly granted You a royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or to be developed in the future for the full term of any copyright that may exist in such material

Change Terms

Zettaworks Technologies reserves the right to modify these Terms at any time. Such modifications will become part of this Agreement and will be effective once posted by Zettaworks Technologies on the Website. If a revision is material, we will notify You via a pop-up or redirection when You log in on Our Website for a maximum period of 30 days from the date of such revision. Still, we recommend that You should review the Website and these Terms from time to time. (The most current version of the Terms can be reviewed by clicking on the Terms of Use hypertext link located at the bottom of Our Website.) Your continued use of Our Services means that You accept any new or modified Terms that we come up with.

Subscription Termination

You may terminate or suspend Your account at any time through Your profile management page. Upon termination, We will deactivate Your account and delete all the materials uploaded or transmitted to Us in the course of Your use of Our Products and Services. Once We confirm termination, You will not be charged for the next subscription and will not be entitled to a refund of any money already paid for any billing period.

We may terminate Your subscription at the end of Your billing period without providing a written notice to You. Additionally, Zettaworks Technologies may terminate these Terms at any time before the end of a billing period and without prior notice if:

i. You are in breach of the terms of these agreement;

ii. You are unable to pay your subscription fees for 15 days after the due date;

iii. We are investigating suspected misconduct by You;

iv. You have used the Services in a way that causes legal liability to Us or disrupts the use of Our Services by other users;

v. You use this Website and/or application for any of the prohibited purposes or upload any of the prohibited materials.

We will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension implemented in line with these Terms and as is needed to resolve the issue that prompted such action. Zettaworks Technologies may, subject to the provision of the law as to retention or right to be forgotten, retain Your Content upon termination of Service, but We are not under any obligation to do so.

Member Account, Password, And Security

We are committed to safeguarding the privacy of Your information. When You sign up for Our services, We require that You create an account by providing Us with current, complete and accurate information as prompted by the registration forms for both an estate and for estate residents.

We have measures in place designed to protect Your information against unauthorized access. But be aware that although we endeavor to provide reasonable security for information we collect and process, we recognize that no security system can prevent all potential security breaches; thus, we cannot guarantee the absolute safety of Your information.

Please note that You are entirely responsible for any and all activities that occur under Your account and You shall promptly notify Us of any unauthorized use of Your account or any other breach of security.

Zettaworks Technologies will not be liable for any loss that You may incur because of third-party access, either with or without Your knowledge.

Notices Regarding Software, Documents and Services Available on this Website and/or Application

Disclaimer of warranty and limitation of liability

1. The User expressly agrees that the use of this Website is at the User's sole risk. Neither Zettaworks Technologies, its affiliates nor any of Our respective employees, agents, third-party service providers or licensors warrant that this Website and or Application will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of this Website and or application, or as to the accuracy, reliability or content of any information and service provided through this Website and or application.

2. This Website and or application is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for any particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.

3. This disclaimer of warranty and limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.

4. We disclaim liability for any errors or inaccuracy which may occur or be contained in any material despite our best effort to offer the current and correct information in the preparation of Our Application/Website/Services/Products. Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/Products for any particular purpose.

5. We reserve the right to remove, review, edit or delete any content at any time. Also, certain contents in the Application/Services/Website/Products may contain opinions and views. Zettaworks Technologies shall not be responsible for such opinions or any claims resulting from them. Further, Zettaworks Technologies makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.

6. We may contact Our Users through SMS, email, and call, to give information about Our Products as well as notifications on various important updates and/or to seek permission for demonstration of Our products. You agree to receiving these periodic messages

7. Upon registration through any means whatsoever, Zettaworks Technologies may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Our Services. The Estates expressly permits Zettaworks Technologies and its assigns to contact them and the residents utilizing the Services, through the above-mentioned means at any time post-registration.

8. Zettaworks Technologies's Products and/or Services are compatible only with certain devices/tablets/instruments/hardware. Zettaworks Technologies shall not be obligated to provide workable products and/or services for any instruments that are not recognized by Zettaworks Technologies or those instruments that may be purchased from any third-party which are not compatible with Zettaworks Technologies’s products and services. Also, You agree that any defect relating to any devices/tablets/instruments/hardware used to access Our Services or Products shall be reported to the manufacturer whose details shall be specified on the packaging and Zettaworks Technologies shall not be responsible for such defect in any manner.

9. Minors, un-discharged, or insolvents persons are not eligible to register for Our products or Services. Where a minor wish to use Our products or Services, such use shall be made available to the minor by his/her legal guardian or parents, who has agreed to these Terms. It is assumed that a minor who utilizes Our Services has obtained their legal guardian’s or parent’s consent and that such use is made available by the legal guardian or parents. Zettaworks Technologies will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/Products provided. Where it is discovered that a User is under the age of 18 (Eighteen) years, Zettaworks Technologies reserves the right to terminate the User’s subscription and account without a refund and/or refuse to provide the User with access to the Products or Services.

Miscellaneous

a. Force majeure

Zettaworks Technologies shall not be responsible for any failure or delay in performance due to circumstances beyond Our control, including, without limitation, to acts of God, war, riot, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third-party service providers (including providers of internet services and telecommunications).

b. Third-Party Links

Third-Party links will take You out of Qomuniti. The linked websites are not under the control of Zettaworks Technologies and We are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such Websites. Zettaworks Technologies provides these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Zettaworks Technologies of the third-party website.

c. Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

d. Indemnification

User agrees to defend, indemnify and hold harmless Zettaworks Technologies, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Qomuniti by User or User's Account.

e. References

The companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.

f. Entire Agreement

These terms and conditions, together with Our Privacy Notice constitute the entire agreement between You and Us in relation to Your use of Qomuniti and supersedes all previous agreements in respect of Your use of Qomuniti. Any rights not expressly granted in these Terms are reserved