Terms & Conditions

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Secure Data Management

TERMS OF SERVICE

These Terms of Service (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms & Conditions”) shall govern the relationship between our company and you. This website is owned and operated by:

Business Name: Inkqe Company
Registered Office: 2120 West Devon Avenue Chicago IL, 60659

(here simply referred to as “Company” or “Inkqe INC” or “us” or “our” or “we”). You are here simply referred to as “you” or “your” or “user” or “users” or “customers”. These Terms shall govern your use of our website – www.Inkqe.com/ (hereinafter referred to as the “website” or “Site” or “Platform”).

Inkqe Platform is a tech platform designed to help businesses manage their teams and individuals build successful profiles based on their experience.

Our services include, but are not limited to:

  • Profile creation for businesses and individuals
  • Performance management for employees and teams
  • Job posting and management
  • Performance tracking and analytics

Our Platform is available for both free and paid use, with certain features requiring credits that can be purchased or earned through specific actions. (Hereinafter referred to as the “Service”)

Please read these Terms carefully, as these, along with our SaaS Agreement, Privacy Policy, and Cancellation & Refund Policy, statement forms the entire agreement between you and Inkqe Company. If you do not accept these Terms in its entirety, then you may not use the website, or any of our services.

→ ACCEPTANCE OF THE TERMS OF SERVICE

By accessing or using our website, or by using our services, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

  • You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the website.
  • You are of sound mind, at least 18 years in age, and otherwise competent to form a binding contract with us. If you are above 16 and below 18, then you can only use the website with verifiable express consent from your parent / legal guardian. In case you are below 16, then you cannot use our website or our services. By using the website, you represent and warrant that you meet all of the foregoing eligibility requirements.
  • If you are using the website on behalf of an organization or entity, you represent that you have the authority to bind such organization to these Terms.
  • We must not have previously disabled your account for violation of law or any of our policies.
  • You have read, understood, and consented to our SaaS Agreement, Privacy Policy, and Cancellation & Refund Policy.

→ ACCOUNT CREATION

a) Account Creation: To access certain features of Inkqe Company, you may be required to create an account. By creating an account, you agree to provide accurate, current, and complete information as prompted by our registration processes. Maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account, is your responsibility. You agree to immediately notify Inkqe Company of any unauthorized use of your account or any other breach of security.

b) Age Requirements: You must be at least 16 years old to create an account on Inkqe Company.

c) Inkqe Company’s Rights to Modify or Terminate Accounts: Inkqe Company reserves the right to refuse service, terminate accounts, remove or edit content, in its sole discretion. This includes the right to terminate or suspend your account if you are found to be in violation of these Terms of Service, any applicable laws, or the rights of any third party.

d) Electronic Communications and Notifications: By creating an account, you consent to receive electronic communications from Inkqe Company (e.g., via email or by posting notices to the website). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with Inkqe Company. You agree that any notices, agreements, disclosures, or other communications that Inkqe Company sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

→ ALLOWED USES OF THE WEBSITE

a) Profile Creation for Businesses: Businesses can create public profiles to showcase their company information and services.

b) Employee Performance Management: Employers can manage comprehensive employee performance records.

c) Team Performance Management: Team leaders can oversee performance management systems for their teams.

d) Job Posting and Management: Companies can post job listings and manage the application process.

e) Performance Tracking: Monitor and analyze employee and team performance data.

f) Individual Profile Creation: Individuals can create profiles highlighting their skills, experience, and achievements.

g) Career Development: Access resources for career growth and skill development.

h) Analytics and Reporting: Access detailed analytics and reports on performance.

i) Networking and Collaboration: Facilitate networking and collaboration among businesses and professionals.

j) Search and Information Sharing: Search for and request information from other users and share information as per privacy settings.

k) Information: Whenever prompted, you must provide us with the correct, accurate, and updated information. These will be handled in accordance with the Privacy Policy statement posted on our website.

l) Material: For the purposes of these Terms, “material” shall mean any text, sound, video, graphics, content, published on the website, whether a copyright of Inkqe Company, its licensors or any third party. (Unless stated otherwise) You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise to create a database in electronic or paper form comprising all or part of the material appearing on the website. Unless stated otherwise, you must not reproduce any part of the website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so. However, you are allowed to use the content so generated by you using our platform in such form and manner as allowed in these Terms.

→ PROHIBITED USES

a) Posting False Information: Users are prohibited from providing inaccurate, misleading, or false information in their profiles, job postings, or any other content on the Platform. This includes exaggerating qualifications, experience, or capabilities.

b) Harassment or Discrimination: Engaging in any form of harassment, discriminatory behavior, or abusive language towards other users is strictly forbidden. This includes any actions or content that is offensive, threatening, or intended to harm others based on race, gender, sexual orientation, religion, or any other characteristic.

c) Illegal Activities: Users must not use the Platform for any activities that are illegal or violate any laws or regulations. This includes, but is not limited to, activities such as fraud, trafficking, or any other unlawful conduct.

d) Spamming: Sending unsolicited messages, advertisements, or promotions to other users or using the Platform to distribute spam is prohibited.

e) Misuse of Data: Improperly accessing, sharing, or using personal data or confidential information belonging to other users or the Platform is forbidden. Users must respect privacy settings and data protection regulations.

f) Inappropriate Content: Posting or sharing content that is offensive, obscene, pornographic, defamatory, or otherwise inappropriate is not allowed. This includes any material that could harm the reputation or well-being of others.

g) Impersonation: Pretending to be another person or entity, or falsely claiming affiliation with any person or organization, is strictly prohibited.

h) Pornography: Promoting or distributing pornographic content or material is not allowed on the Platform.

i) Unauthorized Access: Attempting to gain unauthorized access to any part of the Platform, other user accounts, or computer systems connected to the Platform is strictly forbidden.

j) Exploiting Vulnerabilities: Users must not exploit any bugs, errors, or vulnerabilities in the Platform for personal gain or to disrupt the service.

k) 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, is prohibited.

l) Intellectual Property Infringement: Users must not post, share, or distribute content that infringes on the intellectual property rights of others, including copyrights, trademarks, and patents.

m) Commercial Use Without Permission: Using the Platform for commercial purposes, such as advertising or selling products or services, without explicit permission from Inkqe Company, is not allowed.

n) Excessive Usage: Abusing or excessively using Inkqe Company’s services, in a manner that significantly exceeds normal usage patterns, is not permitted.

o) Bypassing Security Measures: Attempting to bypass, disable, or otherwise interfere with any security-related features of Inkqe Company, or features that prevent or restrict use or copying of any content, is prohibited.

p) Exploiting System Vulnerabilities: Users are strictly prohibited from exploiting any system vulnerabilities, bugs, or errors for any reason. Inkqe Company does not offer a bug bounty program, and any attempt to manipulate, exploit, or abuse the Platform or its features, either for personal gain or to disrupt services, will be considered a violation of these Terms. Such actions may result in immediate account termination and legal action.

→ OWNERSHIP RIGHTS

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.

→ PRIVACY

In order to see what personal and non-personal information we collect and how we use or store or share the same, please refer to the detailed Privacy Policy statement available on our website.

→ LINKS TO THIRD-PARTY SITES

The Inkqe Company website may contain links to third-party websites or services that are not owned or controlled by Inkqe Company. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you may be taken to such a third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the legal policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or inaccuracy of content or wrong information, Inkqe Company shall not be responsible.

→ 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) Platform and Technology Upgrades: Inkqe Company reserves the right to upgrade, enhance, or modify the Platform and its underlying technology at any time, without prior notice. These upgrades may include but are not limited to, software updates, feature enhancements, or changes in the technology stack. Users acknowledge that such upgrades may affect the functionality or availability of the Platform temporarily or permanently. No compensation or claim will be entertained due to such action.

j) Platform Discontinuation: The continuation or discontinuation of the Inkqe Platform is entirely at the discretion of Inkqe Company. Inkqe Company reserves the right to modify, suspend, or terminate the Platform or any part thereof, at any time, without prior notice. Users acknowledge that Inkqe Company shall not be liable for any modification, suspension, or termination of the Platform or any part thereof.

k) 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.

→ 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.

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.

→ LEGAL ACTION

If you are found to be degrading, tarnishing, maligning the image, goodwill, or reputation of Inkqe Company, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.

→ 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 these Terms or any other policy of ours as associated with our services;

f) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

→ 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, the user 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 the user or the Company may initiate legal proceedings in the appropriate court located in ________________________.

d) No Class Actions: The user 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, the user 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.

→ NOTICES

When you use the website or send emails to Inkqe Company, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. Inkqe Company will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to  [email protected].

→ GENERAL PROVISIONS

  • Language: The Terms of Service, along with all policies and documents referenced herein, are originally drafted in English. Any translations of these documents into other languages are provided for your convenience only. In the event of any discrepancies or conflicts between the English version and any translations, the English version shall prevail and be considered definitive and authoritative. We encourage users who are not proficient in English to seek appropriate translation or legal support to fully understand these terms.
  • Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
  • Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
  • Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend and/or revoke your access to our service and website, at our sole discretion.
  • Severability: If any provision of these Terms 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 these Terms will continue in full force and effect.
  • Waiver: Our failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms.
  • Survival: Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Service, for any reason whatsoever.
  • No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
  • No Assignment: You may not assign these Terms of Service (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of Inkqe Company, which may be withheld at Inkqe Company’ sole discretion. Any attempted assignment that does not comply with these Terms of Service shall be null and void.
  • Entire Agreement: The Terms, SaaS Agreement, Privacy Policy, Cancellation & Refund Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Inkqe Company and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website.
  • Force Majeure: Inkqe Company and its third-party service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, communication line failures, technical issues, bugs, errors, power failures and/or similar inabilities.
  • Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site or our Services after any amendments to the Terms shall constitute your acceptance to such amendments.

→ GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE

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

→ FEEDBACK AND INFORMATION

We welcome your questions or comments regarding the Terms. You can write to us via email:  [email protected].