Software As A Service Agreement

SOFTWARE AS A SERVICE AGREEMENT (SaaS)

Welcome to the Inkqe INC! This Software as a Service (SaaS) Agreement (“Agreement”) is between you (“User” or “you” or “Client”) and Inkqe Company (“we”, “us”, or “our”), the owner and operator of the Inkqe INC platform (“Platform”). By accessing or using our Platform and services, you agree to be bound by the terms and conditions of this Agreement. Please read this Agreement carefully before using our services. If you do not agree to these terms, you may not use our Platform.

The Inkqe INC offers a comprehensive suite of services designed to help businesses manage their teams and individuals build successful professional profiles. Our services include profile creation, performance management, job posting, performance tracking, and analytics. This Agreement outlines the terms under which we provide these services and the responsibilities of both Inkqe Company and the Client.

By using the Platform, you acknowledge that you have read, understood, and agree to comply with all the terms and conditions of this Agreement. If you have any questions about this Agreement, please contact us at [email protected].

1. DEFINITIONS

For the purposes of this Software as a Service Agreement (SaaS), the following terms shall have the meanings ascribed to them below:

a) Account: The online account created by the Client to access and use the Platform and Services provided by the Service Provider.
b) Agreement: This SaaS Agreement, including any amendments or supplements to this Agreement.
c) Client: Any individual or entity that accesses or uses the Platform and Services provided by the Service Provider.
d) Credits: The virtual currency used within the Platform to access certain paid features and services.
e) Data: Any information, files, or content that the Client submits, uploads, or stores in the Platform.
f) Effective Date: The date on which the Client first accesses or uses the Platform, thereby agreeing to be bound by the terms of this Agreement.
f) Effective Date: The date on which the Client first accesses or uses the Platform, thereby agreeing to be bound by the terms of this Agreement.
h) Intellectual Property Rights: All rights, titles, and interests in and to patents, copyrights, trademarks, trade secrets, and other intellectual property rights, including applications for registration and registration of such rights.
i) Platform: The Inkqe INC website and all associated services, software, and applications provided by the Service Provider.
j) Privacy Policy: The document outlining how the Service Provider collects, uses, and protects the personal information of the Clients.
k) Services: All services provided by the Service Provider through the Platform, including but not limited to profile creation, performance management, job posting, performance tracking, and analytics.
l) Service Provider: Inkqe Company, the owner and operator of the Inkqe INC platform.
m) Subscription: The arrangement by which the Client pays Fees to access and use the Platform and Services for a specified period.
n) Support Services: The assistance provided by the Service Provider to the Client, including technical support, customer service, and other related services.
o) Terms of Service: The terms and conditions governing the general use of the Platform, as posted on the website.
p) User Content: Any content, data, or information that the Client creates, uploads, or posts on the Platform.
q) “Website” refers to www.Inkqe.com/.

2. ACCEPTANCE OF THIS AGREEMENT

By accessing or using the Inkqe INC Platform and Services, the Client agrees to be bound by the terms and conditions of this Agreement. This Agreement is effective as of the date the Client first accesses or uses the Platform (“Effective Date“). If the Client does not agree to all the terms and conditions of this Agreement, they must not use the Platform or Services.

The Client’s continued use of the Platform following any modifications to this Agreement constitutes acceptance of those modifications. The Service Provider reserves the right to modify this Agreement at any time. The Client will be notified of any significant changes to this Agreement through the Platform or via the email address provided in their Account.

The Client represents and warrants that:

● They have the legal authority to enter into this Agreement.
● If the Client is an entity, the individual accepting this Agreement has the authority to bind the entity to these terms
● The information provided during the Account creation process is accurate and complete.

The Client acknowledges that this Agreement forms a legally binding contract between the Client and the Service Provider, governing the Client’s use of the Platform and Services.

3. PROVISION OF SERVICES AND PERMITTED USES

The Service Provider agrees to provide the Client with access to the Platform and the Services as described in this Agreement. The Services provided include, but are not limited to:

a) Platform Access: The Service Provider grants the Client a non-exclusive, non-transferable, and revocable license to access and use the Platform for the duration of the Subscription, subject to the terms and conditions of this Agreement.
b) Profile Creation: The Platform allows Clients to create profiles for businesses and individuals, which can be either public or private as per the Client’s preference.
c) Performance Management: The Platform provides tools for managing and tracking employee and team performance, including performance reviews, goal setting, and analytics.
c) Performance Management: The Platform provides tools for managing and tracking employee and team performance, including performance reviews, goal setting, and analytics.
e) Performance Tracking: The Platform offers features for monitoring and analyzing performance data, providing insights and metrics to help improve efficiency and productivity.
e) Performance Tracking: The Platform offers features for monitoring and analyzing performance data, providing insights and metrics to help improve efficiency and productivity.
e) Performance Tracking: The Platform offers features for monitoring and analyzing performance data, providing insights and metrics to help improve efficiency and productivity.
e) Performance Tracking: The Platform offers features for monitoring and analyzing performance data, providing insights and metrics to help improve efficiency and productivity.
e) Performance Tracking: The Platform offers features for monitoring and analyzing performance data, providing insights and metrics to help improve efficiency and productivity.
j) Updates and Enhancements: The Service Provider may update, enhance, or modify the Platform and Services from time to time. These updates may include new features, improvements, and bug fixes.
k) Exploiting Vulnerabilities: Exploiting any bugs, errors, or vulnerabilities in the Platform for personal gain or to disrupt the service.
l) Harmful Activities: Engaging in activities that could harm, disrupt, or negatively affect the functionality or performance of the Platform, such as distributing viruses, malware, or other harmful code.
m) Intellectual Property Infringement: Posting, sharing, or distributing content that infringes on the intellectual property rights of others, including copyrights, trademarks, and patents.
n) Commercial Use Without Permission: Using the Platform for commercial purposes, such as advertising or selling products or services, without explicit permission from the Service Provider.
o) Data Mining: Using automated systems or software to extract data from the Platform for commercial use without explicit permission from the Service Provider.
p) Circumventing Restrictions: Attempting to circumvent any restrictions or limitations imposed on the Platform or Services, including but not limited to using multiple accounts to avoid usage limits.
q) Misrepresentation: Falsely representing yourself or your affiliation with any person or entity in connection with your use of the Platform.
r) Resale of Services:Reselling, sublicensing, or otherwise making the Services available to any third party without the prior written consent of the Service Provider.

5. OWNERSHIP AND INTELLECTUAL PROPERTY

a) Platform Ownership: The Inkqe INC platform, including all its content, features, and functionality, is owned by Inkqe Company. This includes, but is not limited to, all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof.
b) Intellectual Property: All trademarks, service marks, trade names, logos, domain names, and any other proprietary designations of Inkqe Company used herein are trademarks or registered trademarks of Inkqe Company. Any other trademarks, service marks, and trade names are the property of their respective owners.
c) User Content: By submitting, posting, or displaying content on or through the Platform, you grant Inkqe Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with providing and promoting the Platform. This license is perpetual and irrevocable.
d) Feedback: Any feedback, comments, or suggestions you may provide regarding the Platform or Inkqe Company is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
e) Restrictions: You may not copy, modify, distribute, sell, or lease any part of our Platform 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.
f) Third-Party Content: The Platform may display content that is not owned by Inkqe Company. Such content is the sole responsibility of the entity that makes it available. Inkqe Company does not claim ownership of third-party content, and you agree to hold Inkqe Company harmless for any claims arising from third-party content.
g) Content Removal: Inkqe Company reserves the right to remove any content from the Platform at any time, for any reason, including if we believe it violates these Terms or our policies, or if we are required to do so by law.
h) User Data: While you retain ownership of any data you submit, post, or display on the Platform, you grant Inkqe Company the rights to use such data as necessary to operate the Platform, improve our services, and comply with legal obligations. Inkqe Company will handle your data in accordance with our Privacy Policy.

6. RESPONSIBILITIES OF CLIENT / CUSTOMER

The Client agrees to fulfill the following responsibilities while using the Inkqe INC Platform and Services:

a) Providing Accurate Information: Ensure that all information provided during the registration process and in any content or data submitted to the Platform is accurate, complete, and up-to-date.
b) Maintaining Confidentiality: Keep account credentials, including passwords, secure and confidential. The Client is responsible for any activities or actions taken under their account, whether authorized or unauthorized.
c) Adhering to Guidelines: Comply with all guidelines, policies, and terms of this Agreement as well as any applicable laws and regulations.
d) Respecting Privacy: Respect the privacy and confidentiality of other users and the information shared on the Platform. Do not improperly access, use, or disclose any personal or confidential information.
e) Using Services Legally: Use the Platform and Services only for lawful purposes and in a manner that does not infringe on the rights of others or restrict or inhibit their use and enjoyment of the Platform.
f) Updating Information: Promptly update account information and any other details provided to the Service Provider to ensure they remain accurate and current.
g) Respecting Intellectual Property: Do not use, copy, distribute, or modify any content from the Platform that is protected by intellectual property rights without the appropriate permissions.
h) Payment of Fees: Pay all applicable fees associated with the use of the Platform and Services on time. Failure to do so may result in the suspension or termination of the Client’s access to the Platform.
i) Reporting Issues: Promptly report any misuse, unauthorized access, or other security issues to the Service Provider.
j) Compliance with Restrictions: Abide by all usage restrictions and limitations specified in this Agreement, including those related to data mining, commercial use, and the circumvention of Platform restrictions.
k) Professional Conduct: Engage with other users in a respectful and professional manner. Avoid any form of harassment, discrimination, or abusive behaviour.
l) Responsibility for User Content: Ensure that any content uploaded or shared on the Platform does not violate any laws, infringe on the rights of third parties, or include inappropriate or offensive material.
m) Backup of Data: Maintain backup copies of any important data or content stored on the Platform. The Service Provider is not responsible for any loss of data.
n) Consent to Communications: Consent to receive communications from the Service Provider, including notifications, updates, and promotional materials, in accordance with the Privacy Policy.

7. RESPONSIBILITIES OF SERVICE PROVIDER / COMPANY

The Service Provider, Inkqe Company, agrees to fulfill the following responsibilities in providing the Inkqe INC Platform and Services:

a) Provision of Services: Ensure the Platform and Services are available to the Client as specified in this Agreement, subject to any limitations or restrictions set forth herein.
b) Maintenance and Updates: Regularly maintain and update the Platform to ensure its proper functioning, security, and performance.
c) Privacy Protection: Handle all personal data in accordance with the Privacy Policy and applicable data protection laws.
d) Technical Support: Provide technical support and customer service to assist the Client with any issues related to the use of the Platform. Support services will be available during the Service Provider’s standard business hours.
e) Service Level Commitment: Make reasonable efforts to ensure the Platform is available with minimal interruptions. Provide information on service availability, and promptly address any issues that affect the availability or performance of the Platform.
f) Communication: Keep the Client informed about important updates, changes to the Platform, and any modifications to this Agreement. Notifications may be sent via email or through the Platform.
g) Compliance with Laws: Comply with all applicable laws and regulations in the provision of the Platform and Services.

8. PAYMENT TERMS

a) Fees and Charges: The Client agrees to pay all applicable fees and charges associated with the use of the Inkqe INC Platform and Services. These fees may include subscription fees, transaction fees, and any other charges specified at the time of purchase or subscription.
b) Billing and Payment: Fees will be billed in advance on a recurring basis, as specified in the Client’s subscription plan. The Client authorizes the Service Provider to charge the provided payment method for all applicable fees and charges. Payments are due at the beginning of each billing cycle.
c) Payment Methods: The Service Provider accepts various payment methods, including credit cards, debit cards, and other payment options as made available on the Platform. The Client is responsible for providing valid and current payment information.
d) Automatic Renewal: Unless otherwise specified, subscriptions will automatically renew at the end of each billing cycle. The Client’s payment method will be charged the applicable subscription fees for the next billing cycle unless the Client cancels the subscription before the renewal date.
e) Currency: All fees are payable in the currency specified at the time of purchase or subscription. The Client is responsible for any currency conversion fees or other charges imposed by their payment provider.
f) Taxes: The Client is responsible for any taxes, including value-added tax (VAT), sales tax, or other similar charges, applicable to the purchase of the Platform and Services. The Service Provider will charge taxes when required to do so by law.
g) Refunds: Fees paid by the Client are non-refundable, except as otherwise provided in the Cancellation & Refund Policy posted on the website.
h) Late Payments: If the Client fails to make a payment when due, the Service Provider may charge a late fee and/or suspend or terminate the Client’s access to the Platform and Services. The Client is responsible for any costs of collection, including legal fees and expenses, incurred by the Service Provider in recovering overdue amounts.
i) Promotional Offers: The Service Provider may offer promotional pricing or discounts from time to time. Such offers are subject to the terms and conditions specified at the time of the offer and may not be combined with other offers unless explicitly stated.
j) Changes to Fees: The Service Provider reserves the right to change the fees and charges for the Platform and Services at any time. The Client will be notified of any fee changes in advance, and the changes will apply at the beginning of the next billing cycle following the notice.
k) Account Credits: The Service Provider may, at its discretion, issue credits to the Client’s account for various reasons, such as customer satisfaction or service disruptions. Credits are not transferable or redeemable for cash and may only be used towards future payments for the Platform and Services.

9. DISCLAIMER OF WARRANTIES

a) General Disclaimer: To the fullest extent permitted by applicable law, Inkqe Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Inkqe INC platform and all its services, including but not limited to profile creation, performance management, job posting, performance tracking, and analytics, are provided on an “as is” and “as available” basis. Inkqe Company makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products included on the Platform. You expressly agree that your use of the Platform is at your sole risk.
b) No Warranty of Functionality or Availability: Inkqe Company does not warrant that the Platform will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We do not guarantee that the Platform will be available at all times or in all locations, or that it will be free from viruses, malware, or other harmful components.
c) Accuracy of Information: While we strive to provide accurate and up-to-date information, Inkqe Company does not warrant or make any representations regarding the accuracy, completeness, or reliability of any information or content available on the Platform. This includes information provided by users, such as profiles, performance records, and job postings.
d) User-Generated Content: The Platform includes content generated by users, such as profiles, performance data, and job postings. Inkqe Company is not responsible for the accuracy, appropriateness, or legality of user-generated content. We do not endorse or assume any liability for any user-generated content.
e) Professional Advice Disclaimer: The services provided by Inkqe INC, including performance management and career development resources, are intended to support users in their professional growth. However, Inkqe Company does not provide professional advice, and the Platform should not be used as a substitute for professional consultation or services. Users should seek professional advice for specific issues or decisions.
f) No Warranty for Third-Party Services: The Platform may contain links to third-party websites or services that are not owned or controlled by Inkqe Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using the Platform, you acknowledge and agree that Inkqe Company is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party websites or services.
g) Limitation of Services: Inkqe INC offers a range of services that may have limitations based on the credits available in a user’s account. Certain features may require the purchase of additional credits or may be restricted after the free allowance is exhausted. Inkqe Company does not guarantee the availability of specific features or services at all times.
h) Risk of Data Loss: While Inkqe Company implements measures to protect user data, we do not warrant that your data will be secure from unauthorized access or loss. Users are responsible for maintaining their own backup copies of any data they submit to the Platform.
i) No Liability for User Actions: Inkqe Company is not liable for any actions taken by users based on information obtained from the Platform. This includes employment decisions, performance evaluations, and other professional activities. Users are solely responsible for their own actions and decisions.

10. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event shall Inkqe Company, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

● Your access to or use of or inability to access or use the Platform;
● Any conduct or content of any third party on the Platform, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;
● Any content obtained from the Platform; and
● Unauthorized access, use, or alteration of your transmissions or content.

In no event shall the aggregate liability of Inkqe Company for all claims relating to the Platform exceed the amount you paid Inkqe Company, if any, for accessing and using the Platform during the twelve (12) months immediately preceding the date the claim arose.

The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not the companies have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, the liability of Inkqe Company shall be limited to the fullest extent permitted by law.

This limitation of liability is essential to the agreement between you and Inkqe Company, and your use of the Platform is contingent upon your agreement to this section.

11. INDEMNIFICATION

You acknowledge to defend, indemnify, and hold Inkqe Company, its owners, affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand, or expense, including reasonable legal counsel’s fee, made by a third party, relating to, or arising from:

a) Your violation of ours or any third-party right;
b) Your wrongful or improper use of our services, or website;
c) Your violation of any applicable laws, rules, or regulations;
d) Your violation of this Agreement or any other policy of ours as associated with our services;
e) The indemnifications set forth above will survive the termination or expiration of this Agreement and/or your use of our services.

12. TERMINATION OF THIS AGREEMENT

a) Termination by Client: The Client may terminate this Agreement at any time by ceasing to use the Platform and Services and by providing written notice to the Service Provider. Termination will be effective upon receipt of the notice by the Service Provider.
b) Termination by Service Provider: The Service Provider may terminate this Agreement or suspend the Client’s access to the Platform and Services at any time, with or without cause, by providing notice to the Client. Reasons for termination or suspension may include, but are not limited to, violation of this Agreement, discontinuation of the Platform by the Service Provider, failure to pay applicable fees, or any conduct that the Service Provider, in its sole discretion, believes is harmful to other users, third parties, or the Service Provider’s business interests.
c) Effect of Termination: Upon termination of this Agreement, the Client’s right to access and use the Platform and Services will immediately cease. The Client must immediately discontinue all use of the Platform and Services and delete any copies of related documentation or materials in their possession or control.
d) Refunds: In the event of termination by the Client, no refunds will be issued for any fees paid in advance, except as otherwise provided in this Agreement. If the Service Provider terminates this Agreement without cause, the Client may be eligible for a pro-rata refund of any prepaid fees for the unused portion of the subscription term.
e) Survival of Terms: The provisions of this Agreement that by their nature should survive termination shall survive termination, including but not limited to provisions regarding payment obligations, confidentiality, intellectual property rights, disclaimers, limitation of liability, and indemnification.

13. GOVERNING LAW AND DISPUTE RESOLUTION

a) Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of ____________ (USA), without regard to its conflict of law principles.
b) Negotiation and Informal Resolution: In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, Client and the Company hereby agree to first attempt to resolve the matter through good faith negotiations and discussions.
c) Judicial Action: If amicable resolution is not reached despite attempts, in that case either Client or the Company may initiate legal proceedings in the appropriate court located in ________________________.
d) No Class Actions: Client and the Company agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class, collective, or representative action. Both parties waive the right to participate in or bring class actions.
e) Attorneys’ Fees: In the event of any legal action arising from or related to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
f) No Waiver of Rights: The pursuit of legal action shall not be construed as a waiver of any rights or remedies available under this Agreement.
g) Continuation of Service: Pending the resolution of any dispute, Client agrees to continue abiding by the terms of this Agreement that are not the subject of the dispute.
h) Rights Unaffected: Nothing mentioned in this Section shall affect the rights of the Parties to seek any relief of an urgent nature.

14. NOTICES

All notices, communications, or other correspondence required or permitted under this Agreement shall be in writing and deemed delivered when sent via email to the email address provided by Client or Customer during registration or to the Company’s designated email address for legal notices. Alternatively, notices may be sent by certified mail, postage prepaid, return receipt requested, to the respective parties’ registered addresses. Notices sent by email shall be considered received upon transmission, while notices sent by certified mail shall be considered received three (3) business days after mailing.

15. FORCE MAJEURE

Inkqe Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including, but not limited to, digital infrastructure failures, cyberattacks, software licensing disputes, regulatory changes, data center disruptions, failure of the internet, utility outages, system failures or malfunctions, hacking incidents, or interruptions in the operational functionality of software or hardware. These events, known as “Force Majeure Events” excuse Inkqe Company from performing its obligations under this agreement during the period of disruption caused by the Force Majeure Event and for a reasonable recovery period thereafter, without being liable for damages or any delay caused.

16. COMPLAINTS / GRIEVANCE

In the event you have any grievance regarding anything related to this Agreement, or with any content or service of Inkqe Company, in that case you may freely write your concerns to Grievance Officer/Designated Representative at __________________.

17. GENERAL PROVISIONS

Independent Legal Advice: The Client is encouraged to seek independent legal advice regarding the terms and implications of this Agreement before using the Platform or making any purchases.
Headings: The headings used in this Agreement are for convenience only and shall not be considered in the interpretation or construction of this Agreement.
Entire Agreement: This Agreement constitutes the entire agreement between Client and the Company regarding the subject matter herein and supersedes all prior and contemporaneous agreements, understandings, or representations.
Severability: If any provision of this SaaS Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this SaaS Agreement will continue in full force and effect.
Waiver: The Company’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by the Company of any provision or any right that it has to enforce this Agreement, nor shall any course of conduct between the Company and Client or any other party be deemed to modify any provision of this Agreement.
Survival: Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of this Agreement, for any reason whatsoever.
No Third-Party Beneficiaries: Except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
No Assignment by Customer: You may not assign this Agreement (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Company, which may be withheld at Company’s sole discretion. Any attempted assignment that does not comply with this Agreement, shall be null and void.
Assignment by Company: The Company reserves the right to assign, transfer, or delegate this Agreement, in whole or in part, to any third party, including but not limited to any successor-in-interest, affiliate, or subsidiary, without the need for prior written consent from Client or Customer.
Updates to this Agreement: The Company may add to or change or update this Agreement at any time, from time to time, entirely at its own discretion, with or without any prior written notice. Such updated version will be effective upon its posting on the website. Client is responsible for checking this Agreement periodically. Client’s use of the Platform after any amendments to this Agreement shall constitute their acceptance of such amendments.