Terms of Service

Quanta Syncs ("Quanta Syncs", "we," "our," or "us") provides the Service to you in accordance with and subject to the following Terms of Service (these "Terms"). These Terms form part of the Agreement and define the terms and conditions under which you're allowed to use the Services in accordance with the Agreement, and govern your access to and use of all software, mobile apps, websites, and related services provided to you by Quanta Syncs (collectively, the "Services").

Please read these Terms carefully before you start to use the Services. By using the Services or signing up for an account, you accept and agree to be bound and abide by these Terms, Privacy Policy, Cookie Policy, and other applicable policies and terms of the Agreement. If you do not agree to the full Agreement, you must not access or use the Services.

1. Definitions

The following definitions apply to these Terms:

• "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
• "Agreement" means these Terms, in addition to our Privacy Policy, Cookie Policy, and any other electronic or written agreement as applicable between or applicable to Quanta Syncs and Customer, which govern the provision of the Service to you, as may be updated from time to time.
• "Control" for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
• "Customer" means the person or entity that has subscribed to the Service or uses the Service.
• "Customer Data" means all information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Services.
• "Documentation" means any manuals, instructions, or other documents or materials that Quanta Syncs provides or makes available to Customer in any form or medium and which describe the functionality, components, features, or requirements of the Services, including any aspect of the installation, configuration, integration, operation, use, support, or maintenance thereof.
• "Personal Data" means any information relating to an identified or identifiable natural person.
• "Service" or "Services" means the software, mobile apps, websites, and related services provided by Quanta Syncs, including but not limited to time tracking, productivity monitoring, screenshot capture, application tracking, website tracking, idle detection, project management, team collaboration, scheduling, and payroll integration features.
• "User" or "Authorized User" means Customer's employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to these Terms and (ii) for whom access to the Services has been purchased hereunder.

2. Description of Service

Quanta Syncs is a comprehensive time tracking and productivity management platform that provides the following Services:

• Time Tracking: Real-time time tracking and timer synchronization across web and desktop applications
• Activity Monitoring: Automated screenshot capture, application usage tracking, website activity tracking, and idle detection
• Project Management: Project creation, task assignment, progress tracking, and project cost management
• Team Collaboration: Team management, role-based access control, scheduling, and shift management
• Productivity Analytics: Productivity insights, reports, workforce analytics, and performance metrics
• Payroll Integration: Timesheet management, payroll calculations, approval workflows, and payment processing
• Reporting: Detailed time reports, productivity reports, and custom analytics

The Services may be accessed through our web application, desktop applications, mobile applications, and APIs. We reserve the right to modify, suspend, or discontinue any part of the Services at any time with or without notice.

3. Eligibility

In order to use the Service, you must: (i) be at least eighteen (18) years old and able to enter into contracts; (ii) complete the account registration process; (iii) agree to these Terms and the Agreement; (iv) provide true, complete, and up-to-date contact and billing information; (v) not be based in Cuba, Iran, North Korea, Syria, or any other territory that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country; and (vi) not be listed on any U.S. government list of prohibited or restricted persons.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won't use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise. Quanta Syncs may refuse service, close accounts of any Customer, and change eligibility requirements at any time.

4. User Accounts and Registration

4.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your information to keep it accurate, current, and complete
• Maintain the security of your password and account identification
• Accept all responsibility for activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other breach of security
• Ensure that all information you provide is truthful and not misleading

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Quanta Syncs of any unauthorized use of your account or any other breach of security.

4.3 Organization Accounts

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and the terms "Customer" and "you" will include both you individually and the organization.

5. Acceptable Use

5.1 Permitted Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to:

• Use the Service in compliance with all applicable laws and regulations
• Respect the rights and privacy of other users
• Use accurate and truthful information
• Maintain the confidentiality of any sensitive organizational data
• Obtain all necessary consents for data collection and monitoring activities

5.2 Prohibited Uses

You agree NOT to:

• Violate any applicable local, state, national, or international law or regulation
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks connected to the Service
• Transmit any viruses, malware, trojan horses, worms, or any other malicious code
• Collect or store personal data about other users without their explicit consent
• Use the Service for any fraudulent, abusive, or illegal purpose
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Use automated systems (bots, scrapers, etc.) to access the Service without authorization
• Remove, circumvent, or modify any security or access control features of the Service
• Use the Service to monitor individuals without their knowledge or consent where such monitoring is prohibited by law
• Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks

6. User Content and Customer Data

6.1 Ownership of Customer Data

As between Quanta Syncs and Customer, Customer exclusively owns all rights, title, and interest in and to all Customer Data. Quanta Syncs does not acquire any rights, title, or interest in or to Customer Data except as necessary to provide the Services.

6.2 License to Customer Data

By submitting Customer Data to the Services, Customer grants Quanta Syncs a worldwide, non-exclusive, royalty-free license to use, store, process, display, reproduce, and modify Customer Data solely for the purpose of providing, maintaining, and improving the Services and as otherwise described in our Privacy Policy.

6.3 Responsibility for Customer Data

Customer is solely responsible for Customer Data and the consequences of submitting, posting, or publishing it. Customer represents and warrants that:

• Customer owns or has the necessary rights, licenses, and permissions to Customer Data
• Customer Data does not violate any third-party rights, including intellectual property, privacy, or publicity rights
• Customer Data is accurate and not misleading
• Customer Data complies with all applicable laws and regulations
• Customer has obtained all necessary consents for the collection, use, and processing of Personal Data contained in Customer Data

6.4 Content Monitoring

We reserve the right, but not the obligation, to monitor, review, or remove Customer Data that we determine violates these Terms or is otherwise objectionable. However, we do not assume any responsibility or liability for Customer Data or for any loss or damage resulting therefrom.

7. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, disclose, and protect your information. Please review our Privacy Policy carefully to understand our practices. By using the Service, you consent to the collection and use of your information in accordance with our Privacy Policy.

The Service may collect certain information automatically, including but not limited to screenshots, application usage data, website activity data, idle detection data, system information, and usage statistics. By using the Service, you consent to such collection and processing in accordance with our Privacy Policy.

You agree to obtain and maintain all necessary permissions and valid consents or other valid legal bases required to lawfully transfer data to Quanta Syncs and to enable such data to be lawfully collected, processed, and shared by Quanta Syncs for the purposes of providing the Services.

8. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations, including all data protection laws, privacy laws, employment laws, and monitoring laws. You are responsible for determining whether the Service is suitable for you to use in light of your obligations under any laws and regulations.

You acknowledge and agree that:

• You will comply with all applicable data protection and privacy laws, including GDPR, CCPA, and other similar laws
• You will obtain all necessary consents from individuals whose data is collected, processed, or monitored through the Service
• You will inform employees and users about monitoring activities as required by law
• You will use the Service in compliance with applicable employment laws and regulations
• Quanta Syncs is not liable if your use of the Service violates any laws or regulations to which you are subject

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses that result from your breach of this Section.

9. Intellectual Property Rights

9.1 Service Ownership

The Service and its original content, features, and functionality are and will remain the exclusive property of Quanta Syncs and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and foreign countries.

9.2 Trademarks

The Quanta Syncs name, logo, and related marks are trademarks of Quanta Syncs. You may not use these marks without our prior written permission. All other trademarks, service marks, and logos used in connection with the Service are the property of their respective owners.

9.3 License to Use Service

Subject to your compliance with these Terms, Quanta Syncs grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your internal business purposes during the term of your subscription.

10. Payment Terms

10.1 Subscription Fees

If you subscribe to a paid plan, you agree to pay all fees associated with your subscription in accordance with the pricing terms presented to you at the time of subscription. Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected).

10.2 Payment Terms

• All fees are non-refundable except as required by law or as otherwise specified in these Terms
• We reserve the right to change our pricing with reasonable notice to you
• Failure to pay may result in suspension or termination of your account and access to the Service
• You are responsible for any taxes, duties, or fees imposed by any governmental authority in connection with your use of the Service

10.3 Refunds

Refunds may be provided at our sole discretion or as required by law. For more information about our refund policy, please contact us at support@quantasyncs.com.

11. Service Availability and Modifications

We strive to provide reliable service but do not guarantee that the Service will be available uninterrupted, secure, or error-free. We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time with or without notice
• Perform maintenance that may temporarily interrupt service
• Update features and functionality
• Change or remove features with reasonable notice
• Limit or restrict access to the Service for any reason

We are not liable for any loss or damage resulting from any modification, suspension, or discontinuation of the Service.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us at support@quantasyncs.com or by using the account deletion features in the Service, if available.

12.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, if you:

• Violate these Terms or any other terms of the Agreement
• Engage in fraudulent or illegal activities
• Fail to pay applicable fees
• Otherwise engage in conduct we determine is harmful to the Service, other users, or our business

12.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your account and Customer Data in accordance with our Privacy Policy and data retention policies. We are not obligated to retain your Customer Data after termination.

Sections of these Terms that by their nature should survive termination will survive termination, including but not limited to Sections 9 (Intellectual Property), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), and 17 (Governing Law).

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR COMPLETENESS.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service is free of viruses or other harmful components
• The results that may be obtained from the use of the Service will be accurate or reliable

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUANTA SYNCs SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data
• Business interruption
• Cost of substitute services
• Damages arising from use or inability to use the Service
• Damages arising from unauthorized access to or alteration of your data

Our total liability for any claims arising from or related to the Service, regardless of the form of action, shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Quanta Syncs, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your Customer Data
• Your failure to comply with applicable laws or regulations

16. International Users and Data Transfers

For those Users located outside the United States, you acknowledge and expressly consent to Quanta Syncs' use of your Personal Data and further acknowledge that Quanta Syncs' Processing of Personal Data is required to perform the Services.

Further, at times Personal Data will be accessible by individuals who are located worldwide including in countries that the European Commission or other geopolitical authorities have not determined to provide the same level of data protection as in your country, province, territory or geopolitical region, and that such information may be accessed by the courts, law enforcement and national security authorities of such jurisdictions. By providing us with your Personal Data, you are consenting to our use of it in accordance with these Terms and our Privacy Policy, including the transfer of your information across international boundaries to jurisdictions anywhere in the world as permitted by local law.

17. Governing Law and Dispute Resolution

17.1 Choice of Law

Regardless of the place of execution, delivery, performance or any other aspect of these Terms, these Terms and all of the rights of the parties under these Terms shall be governed by, construed under, and enforced in accordance with the procedural and substantive law of the State of California, United States of America, to the exclusion of any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of these Terms to the substantive law of another jurisdiction.

17.2 Jurisdiction

You consent to personal jurisdiction in any of the state or federal courts sitting in California, United States of America, and agree that any suit arising under these Terms shall exclusively be commenced and maintained in such courts.

17.3 Dispute Resolution

Before filing a claim, you agree to try to resolve the dispute by contacting us at support@quantasyncs.com. If we cannot resolve the dispute within 30 days, you agree to resolve any disputes through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

18. Changes to Terms

We reserve the right to modify these Terms or any additional terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending an email to the email account associated with your account (for material changes)
• Displaying a notice in the Service

Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service and terminate your account.

19. Miscellaneous Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any other agreements incorporated by reference, constitute the entire agreement between you and Quanta Syncs regarding the Service and supersede all prior agreements and understandings.

19.2 Severability

If a court finds any provision of these Terms invalid or unenforceable, the remainder of these Terms shall be interpreted so as best to effect the intent of the parties, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

19.3 Waiver

The failure to exercise any right provided in these Terms shall not be a waiver of prior or subsequent rights. Any waiver must be in writing and signed by the party granting the waiver.

19.4 Assignment

These Terms are exclusive and personal to you. You shall not assign or otherwise transfer any rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

19.5 No Rights Granted

These Terms do not constitute a grant or an intention or commitment to grant any right, title, or interest in the Service or Quanta Syncs' trade secrets to you. You may not sell or transfer any portion of the Service to any third party. You shall not identify the Service as coming from any source other than Quanta Syncs.

20. Suggestions and Feedback

Quanta Syncs welcomes feedback or inquiries about the Service. If you elect to provide any feedback or comments of any nature to Quanta Syncs, all feedback and comments shall be the sole and exclusive property of Quanta Syncs, and Quanta Syncs shall have the right to use such feedback in any manner and for any purpose in its exclusive discretion without remuneration, compensation, or attribution to you.

Quanta Syncs is under no obligation, however, to use such feedback.

21. Contact Information

If you have questions about these Terms, please contact us:

Communications made through the Quanta Syncs website or any email or contact links provided thereon shall in no way be deemed to constitute legal notice to Quanta Syncs or any of its officers, employees, agents, or representatives, such as where notice to Quanta Syncs is required by contract, or any federal, state, or local laws, rules, or regulations.