Legal

Privacy Policy

Last updated: January 30, 2020

This Privacy Policy describes how Quantum Integration, Inc. (“Quantum” or “we”) collects, uses, processes and shares (i) personally identifiable information (“PII”) that you (“User” or “you”) provide to Quantum and/or is gathered about you by Quantum in connection with your registration and use of your Quantum IOT Platform, including the Q-Server Central Core, the Q-Client Builder Base and related products (collectively, “Products”), the Quantumintegrate.com website (“Website”) and the related Quantum services (collectively, “Services”), including such PII as your name, address, e-mail address and telephone number, and (ii) any other non-PII information you may submit to Quantum during access and use of the Website, Products and/or Services or that Quantum may gather about you in connection with your use of the Website, Products and/or Services. We follow this Privacy Policy in accordance with applicable law in the place we operate the Website and Services, as set out in the Quantum Terms of Service (“TOS”), and in the country and/or region you reside.

By browsing, accessing or registering with the Website and/or using the Services (as further described in the TOS), you agree and consent to the terms of this Privacy Policy, including the collection, use, processing and sharing of your PII, as described herein. Any capitalized terms not defined in this Privacy Policy are defined in the TOS.

Collection, Storage, Use and Processing of Information

We collect and store your PII during your interaction with the Website, including during your registration (as described in the TOS), your use of the Products and Services, your purchase of Products from the Quantum Store, and/or your responding to or participating in surveys or focus groups or submitting technical support requests. We use your PII to set-up and establish your account, to communicate with you about your account and the Products and Services, to provide fulfilment services, to diagnose issues and provide technical support, and to update you on changes to the Products, Services and our policies, including this Privacy Policy and the TOS. At a minimum, your name, email, server license key and password are required to set up an account and to use the Services. If you do not consent to the collection and use of such information, you will not be able to register an account or use the Services.

We collect and store non-PII information during your use of the Website and/or Services, such as tracking the frequency of visits to pages on the Website and/or making search requests.  We also may collect, store and process information that your computer or mobile device provides to us in connection with your use of the Website and/or Services, such as your browser type, type of computer or mobile device, browser language, IP address, unique device identifier, advertising identifier, browser history and requested and referring URLs. In addition to other items, these could tell us the pages you visit, the features you use, dates and times, if you navigated from or navigate to another website, the address of that website, and information regarding your internet service provider. Once you log into the Website on your device, we may recognize your device to provide you with a personalized experience, independent of your device settings.

We may also use “cookies” and/or “web beacons” to track and analyze your use of the Website. "Cookies" are small data files with a unique identifier that we transfer to your computer's hard drive or web browser and which collect and store data about your visit to the Website, which allows identification when you return to the Website. It may be possible to disable some (but not all) Cookies through your device or browser settings, but doing so may affect the functionality of the Website or Service for you. The method for disabling Cookies may vary by device and browser, but can usually be found in preferences or security settings. "Web beacons" are small graphic files with unique identifiers contained in our Website that we use to track Website usage and traffic.)  In each case, we may combine such information collected with your PII in our data collection. In addition, we may collect information about your activities on the Service through the use of clear GIFs, local shared objects, Flash cookies, tracking pixels or through other identifiers or technologies, including similar technologies as they may evolve over time.

We use and process PII and non-PII information to (i) provide the Website’s and Service’s functionality, (ii) improve the Website’s and Service’s quality and performance, (iii) personalize your experience, (iv) track usage of the Website and Service, (v) diagnose issues and provide technical support, (vi) back up our systems, (vii) share information with our corporate affiliates and/or partner sites for their everyday business purposes, (viii) share information with third party service providers who help us operate our business or provide services on our behalf, such as diagnostics, analytics and technical support and (ix) for the other purposes set forth in this Privacy Policy.

Additional Uses and Sharing of PII

Except as described below, we will not share your PII with any third party, except in aggregate, non-personally identifiable form.  This restriction excludes any collection and/or use of your PII by any third parties, such as third party websites for which a link is provided on the Website, or any PII that you provide or make accessible to third parties, including for making product purchases on the Quantum Store.

Shopify Inc. and its affiliates (“Shopify”) collects PII that you provide during shopping and checkout on the Quantum Store, including name, email, shipping and billing address, payment details, such as credit card information, phone number, IP address, and device and banner information, in order to process order and payments, including risk and fraud screening, and acts as the data processor of such information. By browsing the Quantum Store and purchasing Products from the Quantum Store, you agree and consent to the access to and use of your PII by Shopify, in accordance with its privacy policy as set out on its website. Quantum may retain shipping information provided on the Quantum Store for fulfilment purposes, which information will be collected and used in accordance with this Privacy Policy.

We also engage companies to help us provide various Services, such as fulfillment services and technical support, as further described in the TOS, with whom we share your PII and non-PII as may be required to perform the Services. For example, for remote monitoring and diagnostics, as further described in the TOS, we collect and use the Products server data, including your IP address, device type, status, and system and browser version, as well as issue diagnostic data, including log messages, transaction path and error reporting, in order to perform such services, including forwarding certain such information to third party service providers for technical support and analytics services. Except as otherwise permitted by this Privacy Policy or the TOS, such companies are only allowed to collect and use your PII for the purposes for which we have engaged them or as required or permitted by applicable law.

Other Disclosures

We reserve the right to disclose PII when we determine in good faith that such disclosures are required by law (for example, to comply with a court order), to enforce our TOS or the rules of our Services, to protect the safety and security of the Website and/or the Services, and/or to protect the safety, security and rights of our Users, and/or Quantum, its affiliates, and its and their owners, directors, officers, representatives, contractors and/or agents.

Furthermore, we may disclose and transfer any PII and non-PII collected hereunder in the sales, acquisition, merger or other change in the structure of all or part of Quantum, its affiliates and/ or its business. In any such event, we will request that the acquirer or other applicable third party remains obligated to treat your PII in the manner required by this Privacy Policy.

Security of Information

We endeavor to maintain the security and confidentiality of your PII in accordance with applicable industry standards, including administrative, digital and physical security measures to protect your information from unauthorized access and improper use. From time to time, we may review our security procedures in order to update or implement such technology and methodology, including as required by applicable law. However, no security measures are impenetrable and so-called hackers or other third parties may intercept and misuse your PII, including during transmission of same to and from the Website.

Minors

The Website and Services are intended for general audiences and is not directed to minors or Users under the age of 16. We do not knowingly collect PII information from minors or Users under the age of 16. If you become aware that a minor or person under the age of 16 has provided us with personal information without parental consent, please contact us at support@quantumintegrate.com. If we become aware that a minor or person under the age of 16 has provided us with personal information without parental consent, we will take steps to remove such information and terminate the minor’s account.

Account Updates and Closure

You may from time to time update your PII associated with your registration, however, such information previously submitted by you to us may be retained by us for technical, legal or other reasons, as may be permitted by applicable law. You can close your Quantum account by contacting us at support@quantumintegrate.com, however, we may retain information about you for the purposes authorized under this Privacy Policy, unless prohibited by applicable law. For example, we may retain information, including PII, to prevent, investigate, or identify possible wrongdoing in connection with the use of the Website and/or Service or to comply with legal obligations. If you close your account, you will no longer be able to use the Services.

California Residents: Your California Privacy Rights

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Company to third parties for the third party’s direct marketing purposes. Pursuant to California Civil Code Section 1798.83 (c)(2), Company does not share a User’s personal information with third parties for those third party direct marketing use. As a User of the Web Site and Service, you agree that some of your PII may be posted on the Web Site or through the Service so that other Users may contact you. To make a request regarding California Civil Code 1708.83 or to receive further information regarding what is set forth in this paragraph, please contact us at:Quantum Integration, Inc.Attn: California Privacy Rights4321 Marina DriveSanta Barbara, CA 93110

European Residents: Your GDPR Rights

Quantum Integration, Inc., located at 4321 Marina Drive, Santa Barbara, CA 93110, is the data controller for the purposes of collection and storage of your information on the Website and may use and process your information for the purposes set out in this Privacy Policy. Your personal information may be collected, stored and processed in a country other than your own, including by third party service providers in accordance with the applicable privacy policy and applicable law. By registering and using the Products and Services, you agree and consent to such collection, storage and processing.Pursuant to the General Data Protection Regulation (“GDPR”), under certain circumstances, you may request access to, rectification of or erasure of your PII, have the right to restrict or object to the processing of your PII, and be able to receive and transmit your PII to another service provider. Any such requests made in accordance with GDPR requirements should be directed to:

Quantum Integration, Inc.

Attn: GDPR Requests

4321 Marina Drive

Santa Barbara, CA 93110

Changes to this Privacy Policy

Any changes or revisions this Privacy Policy will be posted on the Website and/or emailed to your current email address in your account.  Any such changes/revisions will apply only to information collected after the effective date of such updated Privacy Policy (as noted in the posting/email), unless otherwise clearly stated in such update. It is your responsibility to frequently check this Privacy Policy for any updates.

Comments or Questions

You can contact us with questions or comments about our privacy practices or this Privacy Policy by emailing us at support@quantumintegrate.com, or you can contact us at:

Quantum Integration, Inc.

Attn: Privacy Policy

4321 Marina Drive

Santa Barbara, CA 93110

Use of Cookies

Last updated: January 30, 2020

Excerpt from Collection, Storage, Use and Processing of Information of Privacy Policy

Terms of Service

Last updated: January 30, 2020

I. Overview

This Quantum Integration, Inc. (“Quantum”) Terms of Service (“TOS”) sets out the terms and conditions governing the relationship between Quantum and its registered users (“Registered Users”) of the Quantum IoT Platform, including the Q-Server Central Core, the Q-Client Builder Base and related products (collectively, “Products”), the Quantumintegrate.com website (“Website”) and the related Quantum services as further described herein (collectively, “Services”), and other non-registered users (“Non-Registered Users”) who may use, access and/or interact with the Website (all such Registered Users and Non-Registered Users, collectively, “Users” and “your” and, individually, “User” or “you” or “yours”). You accept and agree to be bound by this TOS by registering, browsing, accessing or using the Website or any of the Services, including by clicking “ACCEPT” to this TOS during registration and setting up of a Quantum account, or to any amended TOS thereafter, as further described below.

This TOS also incorporates other terms, conditions, rules, guidelines and requirements governing your use of any particular Services, including the Quantum Privacy Policy (“Privacy Policy”) at www.quantumintegrate.com/legal, as well as any other referenced or posted policies, guidelines or instructions with respect to any particular Service or Website activity, content or materials.

If you do not agree to this TOS, do not register, use or access (or continue to use or access) the Website, Products or any Service. Use of the Website, Products or any Service shall be deemed your acceptance of and agreement to be bound by this TOS.

Quantum reserves the right to amend, update or revise this TOS at any time at its sole discretion, including to add, modify or remove certain Services or Website functionality. Your continued use of any Services or the Website following the posting and/or notice via email of any amendments, updates or revisions of this TOS shall be deemed your acceptance of and agreement to be bound by all such changes. Your access and use of the Services or Website will be subject to the then-current TOS. Please check back and review frequently the TOS for any changes and any incorporated terms, conditions and guidelines.

II. Age Requirement

The Services and Website are intended for general audiences and for Users 16 years of age or older, and are not directed to or intended for minors. Any registration, use of, or access to the Web Site or Services by anyone under 16 is not permitted and is in violation of this TOS. By registering or using any of the Services or accessing the Web Site, you represent and warrant that you are over 16 and that you agree to and to abide by all of the terms and conditions of this TOS.

III. Use of the Services and Website

Subject to this TOS, you may register your account and have access to and use the Services and Website, and Quantum grants you a non-exclusive, limited, revocable and non-transferable license to use the Services and Website. This license and your use of the Services and Website, and any benefits derived therefrom, may be suspended and/or terminated in whole or in part by Quantum, with or without notice, at any time in the event of any violation by you of this TOS or any applicable law. As an Non-registered User, you may access, use and/or interact with the Website, for example, to review and purchase Products at the Quantum Store (as defined below), however, only Registered Users may have access to and use of the Services. Users must register to use any of the Services, other than the Quantum Store, as further described below.

The Services, accessible via registration on the Website as further described below, include setting up an account dashboard and interface to administer your account and your connected devices (including naming devices and checking status), generating firmware by Quantum for upload to your Product server to communicate with your connected devices, and creating or utilizing existing Products applications to map and control your devices, as well as the provision of updates and technical support.

As part of the Services, Quantum may, in its sole discretion from time to time, provide updates, patches, fixes and other modifications (including for maintenance and functionality) to the Products (including server, clients and applications) and Services (collectively, “Updates”), but has no obligation to do so, and any Update shall be fully subject to this TOS. You will be notified of any available Updates. You acknowledge that you may be required to install Updates in order to use the Products and Services and, when applicable, you agree to promptly install any Updates that Quantum makes available to you.

Technical support includes remote monitoring and diagnostic services to identify and resolve technical issues, including automatic support ticket generation. You agree to allow Quantum access to your Products and networkin order to provide such remote monitoring and diagnostics technical support.

The Services include “Gateways” and “Third Party Services” where Gateways are third-party modules, provided by Quantum, that you install on your server and that allow you to connect third party devices and services to your Products, and Third Party Services are third party pieces of code, downloadable from third party websites, that you install on your server and that allow you to connect third party devices and services to your Products, respectively, and, in each case, subject to the liability limitations described below.

The Services also include a Quantum Marketplace where you may share and access certain Quantum-generated firmware from Users and certain User-developed applications, in each case, subject to the usage restrictions and liability limitations described below. Also, you may export and share such firmware and applications locally with other users of the Products, as further described below.

The Services also provide an online store (“Quantum Store”) for purchasing the Products and related items. Additional terms of service for the Quantum Store are at www.quantumintegrate.com/legal. From time to time, Quantum may send you marketing emails. You can opt in to receive marketing emails at registration, and may unsubscribe at any time.

Note that a Q-Server Central Core supports up to five Q-Client Builder Bases. There may be more information on the Products, Services and options on the Website. Quantum may amend, modify or change the Services and/or Website at any time without notice to you.

IV. Registration and Security

Registration is permitted and processed in accordance with the instructions provided with the Products and as instructed on the Website during registration, including the information to be provided for registration (including name, email address, server license key and password). In registering with Quantum, you agree to provide and keep current true, accurate and complete information about you as may be required for registration, including valid contact information as well as your server identification and password. During registration you must “ACCEPT” this TOS.

You agree that Quantum may send any notices (including administrative, technical support and account termination notices) and otherwise communicate with you by email to the email address provided by you at registration or later update. Quantum shall not be responsible or liable if a User does not receive any communication or notice from Quantum due to incorrect or outdated email address or other information provided by the User. Notwithstanding the forgoing, User acknowledges and agrees that as an alternative, any notice posted on the Website shall be deemed received by User when posted, and it is each User’s responsibility to check frequently for posted notices on the Website, including with respect to updates of this TOS.

You acknowledge and agree that you are responsible for any activity on or misuse of your account, even if the activity was committed by a friend, family member, colleague, guest or employee, or any other authorized or unauthorized user of your account. It is your responsibility to ensure that your access to your account is properly protected. It is also your responsibility that your access to your account is configured in a secure manner and that you have adopted appropriate security measures and take appropriate steps to ensure that others do not gain unauthorized access to your account. Your password provides access to your account. It is your responsibility to keep your password secure and you may not share your password and account access with unauthorized users.

Without limiting the above, the following account-related activities are a violation of this TOS and are prohibited:

- using your account to gain unauthorized access, or attempt to breach the security of, another account (including to obtain another user's password without permission) or Quantum’s network or server(s), or to penetrate, or attempt to penetrate, security measures of Quantum's or another entity's computer software or hardware, electronic communications system, or telecommunications system;

- circumventing or attempting to circumvent authentication or security of any other account, including accessing data not intended for you, logging into or making use of an account you are not expressly authorized to access, or probing the security of other accounts, including by use of tools designed for compromising security, such as password guessing programs, cracking tools or system probing tools;

- registering an account for another person or third party or group unless so authorized,

- creating a false identity for the Services or on the Website; and/or

- allowing others to use your account for illegal or inappropriate activity, as further described below.

Without limiting the foregoing, you represent and warrant that your use of the Website and/or Service is and will be solely for lawful purposes.

All personally identifiable information (“PII”) provided by you during registration (including name and email address) or collected by Quantum as part of the Services (including IP address and server license key), as well as by you during a purchase transaction on the Quantum Store that may be retained by Quantum for shipping purposes (including address (including street, city, state, country and zip/postal code) and telephone number(s)),and any non-PII provided by you during registration or otherwise to Quantum or collected as part of the Services (including server status and data), shall be collected, stored, processed and/or utilized by Quantum in accordance with its Privacy Policy as set out at www.quantumintegrate.com/legal.

System Requirements

Access to the Services require the following:

- account registration with Quantum (as described above);

- a working Wi-Fi network that is positioned to communicate reliably with the Products;

- an enabled and supported wireless device, such as a phone, tablet or computer. (A connected computer is required for some features and functionalities of the Services, as indicated on the Website);

- for some features and functionality, always-on broadband Internet access with bandwidth sufficient to support your Products; and

- other computer system or network elements that may be specified by Quantum, if applicable.

It is your responsibility to ensure that you have all requirements and that they are compatible, connected and configured properly. You acknowledge that the Services may not work as described if the requirements and compatibility have not been met. If you modify, substitute, move or otherwise change any of the requirements, it is your responsibility to ensure they are compatible, connected properly configured properly to work with the Products and Services. In the event of any service interruptions to your home’s Wi-Fi network or internet connection, or to your mobile, telephone and other network connections, the Products and Services and/or certain features and functionalities of them may be unreliable or unavailable for the duration of such interruption. Quantum is not responsible for any such interruptions or the unreliability or unavailability the Products or Services during such interruptions.

VI. Usage Restrictions

As a User of the Services, you agree to use the Services responsibly and legally. This section of the TOS sets out certain general and specific permissions, restrictions and limitations with respect to access to and use of any Service and/or the Website. All Users must comply with these terms.

1. Content

2. Website Content

The copyrights, trademarks and other intellectual property rights in and to the content and materials on or made available through the Website (“Content”) are the property of their respective owners, including Quantum, its licensors and its Users. As a User, you may only use the Content as described herein. This TOS provides you a non-exclusive, limited, revocable right to access and use the Content, as further described herein or on the Website.

Nothing contained in this TOS grants to you or any third party any right, title or interest in or to the intellectual property of Quantum, its licensors, its Users or any third party, and nor shall this TOS be construed as conferring any right or license to any of same, whether by estoppel, implication or otherwise. All such intellectual property remains the sole property of Quantum, its licensors, its Users, or any third party, as applicable.

1. User Content

As part of the Market Place Services, and subject to the terms of this TOS, you may submit Quantum-generated firmware and User-developed applications (collectively, "User Content") for sharing by Quantum with other Users. At its discretion, Quantum may review and test the User Content for posting on the Market-place for access and use by other Users, but Quantum has no obligation to review, test and/or post any User Content. Also, you may export and share such User Content locally with other Product users.

Without limiting the general restrictions below, you may not submit or export any User Content that you do not have permission to post or that infringes the intellectual property or other rights of any party. You will not submit or export any User Content that contains, or otherwise upload, transmit or distribute, any software or code (including viruses, worms or malware) or any other computer files or programs designed or intended to damage, interrupt, destroy, alter or limit the functionality of any computer software or systems, hardware or communications equipment, devices or data, including of Quantum (including the Website, Products and Services) or of any other User. Subject to Quantum’s rights in and to the underlying software in any User Content, you are solely responsible for the User Content you submit or export and/or is located on your system or within your account.

In submitting or exporting User Content, you hereby grant to Quantum and all Users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license and right of sublicense to use, copy, excerpt (in whole or in part), to prepare derivative works of, or incorporate into other works, and distribute all User Content in connection with the Services, including in order to facilitate the posting of such User Content on the Market Place and/or as part of the Services. The license granted above will continue indefinitely, and Quantum may retain archived copies of your User Content. Your submission or export of User Content, or any use thereof, does not suggest or imply that Quantum promotes or endorses any User Content and Quantum shall not be responsible or liable for any User Content.

1. General Restrictions

Any use of the Website not permitted under this TOS, including the copying, reproduction, modification, distribution, transmission, re-publication, transfer, display, performance, re-hosting, tampering, framing, and/or embedding of this Website, its Content or any Services, or any commercial use whatsoever of this Website, its Content or any Services, including licensing, selling, renting, leasing or otherwise charging others for access to the Website, any Content or any Services, or selling any User Content from the Market Place, is strictly prohibited without the prior written consent of Quantum.

You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, create derivative works, translate, modify or otherwise alter any executable code, tool in the Content, Products or Services. Further, you agree not to attempt to harvest, collect or reproduce any Content, Products or Services, or to extract, scrap data mine or otherwise copy any Content, Products or Services, or any part thereof, or to incorporate any Content, Products or Services in any other content, product or service, either electronically, manually or otherwise, or to access the Content, Products or Services in order to develop or build a similar Products or Services.

You further agree not to interfere with, disrupt or attempt to gain unauthorized access to the Products or Services, or the servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; access (or attempt to access) any of the Services or Products by means other than through the interfaces provided by Quantum; and or remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Content, Products or Services. Without limiting the foregoing, any use of the Website, Content. Products or Services other than as specifically authorized herein, without the prior written permission of Quantum, is strictly prohibited.

In the event of a violation of these usage restrictions, or any other terms of the TOS, Quantum, in its sole discretion, in addition to any other rights it may have, may restrict, suspend or terminate an account without prior notice and disallow a person from utilizing the Services or the Website, as further described below. Without limiting the foregoing, Quantum is under no obligation to review any User's account activities to determine if a violation of these restrictions has occurred, nor does Quantum assume any responsibility to monitor or police activities by Users or their accounts, including any Upload of User Content, provided that Quantum reserves the right at all times to monitor, review, delete, remove or block any User Content that, in Quantum’s sole discretion, may be illegal or may violate the rights, harm or threaten the safety of users or others, may subject Quantum to civil or criminal liability, and/or may violate this TOS. User acknowledges that Quantum may disclose to and cooperate with governmental, regulatory and legal authorities and/or other third parties in the investigation of any suspected or alleged crime or wrongdoing (civil or otherwise) by any User. Quantum is not responsible or liable for any violation of the TOS by any User.

VII. Suspension and Termination

In the event of a violation of this TOS, including any conduct of any prohibited activity or breach of any account security restrictions described herein, or where otherwise permitted by this TOS, in addition to all other rights at law or in equity that Quantum may have, Quantum reserves the right to immediately suspend and/or terminate the applicable account(s) and/or the applicable Services and/or access thereto, in whole or in part, without prior notice, at any time. Suspension, termination or denial of access may apply to all of a User’s accounts, not just the specific account under which the violation occurred. Solely at its option, Quantum may notify a User of any observed inappropriate activity that violates the TOS, including any necessary corrective action by User. Quantum’s failure to identify any violation or to enforce its suspension, termination or denial of access policy, for whatever reason, shall not be construed as a waiver of Quantum’s right to do so at any time and you may not imply from any such failure or waiver by Quantum a right for you to continue using the Website or Services.

Upon suspension or termination of your account, all licenses provided by Quantum to you in relation to the Services, Content or Website are immediately suspended or terminated (as the case may be). In addition, in such an instance, all materials downloaded and/or procured by you from the Services or Website shall be immediately destroyed by you.

VIII. Third Party Websites and Content

The Website and Services may contain links to websites or services managed or controlled by third parties, including, for example, Third Party Services, Gateways, the Quantum Store, fulfilment services and technical support. Such websites, including the operation, availability and content thereof, and your use of such websites, including any products or services made available through such websites, are governed by the applicable policies of the respective third parties. Quantum does not endorse these third parties, websites, or their products or services or the content of their websites, nor is Quantum acting as an agent thereof, and Quantum is not responsible for the policies (including any website terms of use and privacy policy) or actions or inactions of these third parties, their web sites, or any content found or appearing therein. Quantum does not warrant in any way the products, services or business practices of any such third parties or the content available on or from their websites. Quantum encourages you to review the privacy and other policies of these third parties and their websites. Quantum reserves the right to eliminate or change any such third party links or services without prior notice.

IX. Infringement Notices and Complaints

If you believe that anywhere on the Services, including without limitation the Website, your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:

- a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;

- a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;

- a description of where the material that you claim is infringing is located on our Website or within the Service;

- your address, telephone number, and email address;

- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:

Quantum Integration, Inc.

Attn: Notice of Claims of Copyright or Other Intellectual Property Infringement

4321 Marina Drive

Santa Barbara, CA 93110

X. DISCLAIMER AND LIMITATION OF LIABILITY

SUBJECT TO ANY QUANTUM WARRANTY ON THE PRODUCTS, THE WEBSITE, THE PRODUCTS AND SERVICES, AND ALL CONTENT AND MATERIALS MADE AVALABLE ON OR THROUGH THE WEBSITE OR SUCH PRODUCTS OR SERVICES, INCLUDING GATEWAYS, THIRD PARTY SERVICES AND USER CONTENT, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, AND YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, AND/OR ANY SUCH PRODUCT, SERVICE, CONTENT OR MATERIAL, IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, QUANTUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE, THE PRODUCTS AND SERVICES, AND CONTENT OR MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE OR OTHERWISE, INCLUDING GATEWAYS, THIRD PARTY SERVICES AND USER CONTENT. NEITHER QUANTUM OR ANY OF ITS AFFILIATES, NOR ITS OR THEIR OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, THIRD PARTY SERVICE OR CONTENT PROVIDERS AND/OR LICENSORS, WARRANT THAT THE USE OF THE WEBSITE, PRODUCTS, SERVICES, CONTENT AND/OR MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO ANY OF SAME MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR MATERIALS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR ANY OF SUCH PRODUCTS AND SERVICES, INCLUDING ANY AND ALL THIRD PARTY CONTENT OR MATERIALS ON THIRD PARTY WEBSITES ACCESSED USING THE SERVICES. IN NO EVENT SHALL QUANTUM BE LIABLE, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY), FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, LOSS OF BUSINESS, LOSS OF EQUIPMENT OR LOST PROFITS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, ARISING OUT OF OR RELATING TO THE PERFORMANCE OR NON-PERFORAMNCE OF OR THE USE OF OR INABILITY TO USE THE WEBSITE OR QUANTUM’S PRODUCTS OR SERVICES, OR ANY PARTS THEREOF, EVEN IF QUANTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO ANY QUANTUM WARRANTY ON THE PRODUCTS, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE PRODUCTS OR SERVICES, OR WITH ASSOCIATED CONTENT OR MATERIALS AND/OR WITH THIRD PARTY CONTENT, MATERIALS AND/OR WEBSITES LINKED THEREFROM, IS TO DISCONTINUE USE OF THE WEBSITE OR THE APPLICABLE PRODUCT, SERVICE, CONTENT OR MATERIAL AND/OR WITH THIRD PARTY CONTENT, MATERIALS AND/OR WEBSITES.

THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY APPLY TO ANY DAMAGES ARISING OUT OF OR RELATED TO ANY PERFORMANCE, NON-PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DOWNTIME, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION IN, OR UNAUTHORIZED ACCESS, ALTERATION OR USE OF OR TO, THE WEBSITE, PRODUCTS AND SERVICES, OR THE CONTENT AND MATERIALS ACCESSED BY OR THROUGH THE WEBSITE OR ANY PRODUCTS OR SERVICES. APPLICABLE LAW MAY LIMIT THE LIMITATIONS OR EXCLUSIONS OF LIABILITY HEREUNDER AND PROVIDE YOU WITH ALTERNATIVE OR ADDITIONAL RIGHTS. IN SUCH EVENT, QUANTUM’S LIABILITY SHALL BE LIMITED TO THE MINIMUM PERMITTED BY APPLICABLE LAW. FOR INFORMATION ON QUANTUM PRODUCTS WARRANTY, GO TO www.quantumintegrate.com/legal.

XI. Indemnification

You agree to defend, indemnify and hold harmless Quantum and its affiliates, and it and their owners, directors, officers, employees, representatives, contractors and agents (collectively, “Indemnitees”), from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) arising out of or resulting from any breach by you, or anyone acting on your behalf, of this TOS or from your use of the Website or any Service (collectively, “Claim”). You are solely responsible for defending any Claim against an Indemnitee, subject to such Indemnitee's right to participate with counsel of its own choosing at its own expense, and subject further to the Indemnitee’s right at any time to take over such defense, in which case, you will cooperate at your expense with Indemnitee in the defense and remain responsible and liable to Indemnitee for all costs and expenses relating to the defense, which costs and expenses shall be paid by you to Indemnitee within thirty (30) days after receipt of invoice therefor. Indemnitees will (at your sole expense) reasonably cooperate to facilitate the defense or settlement of any Claim, provided that you will not agree to any settlement that imposes any obligation or liability on an Indemnitee without such Indemnitee's prior express written consent.

XII. Territorial Limitation

The Website and Services are operated in and provided from California (the “Territory”). Quantum does not represent that the Website or Services are appropriate or legal for use in locations other than in the Territory. If you choose to use the Website or Services from any other location than the Territory, you do so at your own risk and are solely responsible for compliance with local laws. Quantum reserves the right to limit the use of the Website or any of its Services to any location without prior notice to you. You may not, either directly or indirectly, throughout the use of any device, software, service or other means remove, alter, bypass, avoid, interfere with or circumvent any geo-filtering technology employed by Quantum.

XIII.Choice of Law; Forum Selection; Claims on Individual Basis

This TOS shall be governed in accordance with the laws of the state of California, without regard to its principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the TOS. You acknowledge and agree that the terms of the Uniform Computer Information Transactions Act, to the extent applicable to the Website or the Services and your access and use thereof, if at all, shall not apply to this TOS or the Website and/or the Services. You expressly agree that any action at law or in equity arising out of or relating to this TOS, including any breach or anticipated breach thereof, the use of the Website or the use of the Product or Services, shall be submitted exclusively to the state or federal court, having jurisdiction, located in Santa Barbara County, California. Any claim against Quantum will be adjudicated on an individual basis and will not be consolidated in any proceeding with any claim or controversy of any other party.  Without limiting the foregoing, where Quantum makes a good faith determination that a breach or threatened breach of this TOS (including infringement of its intellectual or proprietary rights) is such that a temporary restraining order or other injunctive or equitable relief is an appropriate and adequate remedy in addition to damages, Quantum may proceed with such action without first resorting to the court(s) as described above or the posting of any bond.

XIV. Force Majeure

Quantum shall not be liable for any loss or damage or be deemed to be in breach of this TOS if its failure to perform or failure to cure any of its obligations under this TOS results from any event or circumstance beyond its reasonable control, including any natural disaster, fire, flood, earthquake or other acts of god; shortage of equipment, materials, supplies or transportation facilities; strike or other industrial dispute; war, acts of terrorism or rebellion; shutdown or delay in power, telephone, Internet, and/or other essential service due to the failure of computer or communications equipment or otherwise (each a “Force Majeure”). Without limiting the foregoing, the time for any such performance or cure will be extended, at a minimum, for a period equal to the duration of the Force Majeure, including as may be described in any notice of such event or circumstance to User by or on behalf of Quantum.

XV. Confidentiality

“Confidential Information” means any and all proprietary and/or non-public information disclosed to you by Quantum, if any, either directly or indirectly, in writing, orally, electronically, by observation or otherwise, other than information that you can establish: (a) was publicly known and made generally available in the public domain prior to the time of disclosure to you by Quantum, (b) becomes publicly known and made generally available after disclosure to you by Quantum other than through your action or inaction, or (c) is in your possession, without confidentiality restrictions, prior to the time of disclosure by Quantum, as shown by your contemporary files and records. You will not at any time: (i) sell, license, and/or transfer any Confidential Information, (ii) disclose or otherwise make available to any person or entity any Confidential Information, and/or (iii) access, use, reproduce, or copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to you and in accordance with this TOS. You will take all measures to protect the secrecy of, and to avoid disclosure and/or unauthorized use of, the Confidential Information. If required by law to disclose Confidential Information, you may do so provided that: (1) to the extent permissible under applicable law, you give Quantum prompt written notice of such requirement prior to such disclosure, (2) you assist Quantum in obtaining an order protecting the Confidential Information from public disclosure, and (3) any such disclosure is limited to the minimum extent necessary to comply with the legal requirement. All Confidential Information will remain the property of Quantum, and all documents, electronic media, and other items containing or relating to any Confidential Information must be delivered to Quantum, destroyed, or uninstalled immediately upon Quantum’s request, or upon termination of your use of or access to the Services and/or Website.

XVI.General Provisions

This TOS, including the Privacy Policy and any other document or information referenced herein or therein, which are all incorporated herein and made a part of this TOS, constitute the entire agreement between User and Quantum with respect to the subject matter herein, and supersedes any and all prior agreements and understandings, whether written or oral. A waiver by Quantum of any breach of any provision of this TOS by User shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. This TOS is personal to User and you may not assign it, or your rights or obligations hereunder, to any third party, without Quantum's prior written consent. Any attempted assignment in contravention of this TOS will be null and void. Quantum may assign and/or delegate this TOS, the Website and/or the Products and Services, and its rights and obligations thereto, in whole or in part, at anytime without consent from or notice to User. There are no third-party beneficiaries to this TOS, except as may be expressly stated herein. This TOS does not establish any relationship of partnership, joint venture, employment, franchise, or agency between Quantum and you. As used herein, the words “including”, “for example” and derivatives such as “e.g.,” shall mean “including without limitation”. If a court of competent jurisdiction finds any provision of this TOS, or portion thereof, to be invalid or unenforceable, the remainder of this TOS will continue in full force and effect, and such provision will (a) be enforced to the maximum extent permissible so as to effect the intent of Quantum, and (b) will be replaced by a valid and enforceable provision that has a similar effect. Any provision of this TOS (including any incorporated terms, conditions, rules, guidelines and requirements) intended by its terms to survive the expiration, termination or cancellation of your account(s), any Service or this TOS, or of the expiration, termination or cancellation of Quantum’s operations, including any of the Website and Services, shall survive any such expiration, termination or cancellation, as applicable, provided that any such survival does not imply or create any right for you to continue to use your account(s), the Website or any Services after any such expiration, cancellation or termination. Except for updates to this TOS issued by Quantum, no other modification of or amendment to this TOS will be effective unless in writing and signed by an authorized representative of Quantum. 

Shipping Policy

Last updated: April 4th, 2022

Quantum Integration ("we" and "us") is the operator of (www.quantumintegrate.com) ("Website"). By placing an order through this Website, you will be agreeing to the terms below. These are provided to ensure both parties are aware of and agree upon this arrangement to mutually protect and set expectations on our service.

1.General

Subject to stock availability. We try to maintain accurate stock counts on our website but from time-to-time there may be a stock discrepancy and we will not be able to fulfill all your items at time of purchase. In this instance, we will fulfill the available products to you, and contact you about whether you would prefer to await restocking of the backordered item or if you would prefer for us to process a refund.

2.Shipping Costs

Shipping costs are calculated during checkout based on weight, dimensions and destination of the items in the order. Payment for shipping will be collected with the purchase.

This price will be the final price for shipping cost to the customer.

3. Returns

3.1 Warranty Returns

Quantum Integration will happily honor any valid warranty claims, provided a claim is submitted in accordance with the Limited Warranty.

Customers will be required to pre-pay the return shipping; however we will reimburse you upon successful warranty claim.

Upon return receipt of items for warranty claim, you can expect Quantum Integration to process your warranty claim within 14 days.

Once warranty claim is confirmed, you will receive the choice of:

(a) refund to your payment method

(b) a replacement item sent to you (if stock is available)

3.2 Return Merchandise Authorization (RMA)

Any item returned to Quantum Integration must have a valid RMA written on the outside of the box. Customers may request an RMA through Customer Support.

4. Delivery Terms

4.1 Transit Time Domestically

In general, domestic shipments are in transit for 2 - 7 days.

4.2 Transit Time Internationally

Generally, orders shipped internationally are in transit for 4 - 22 days. This varies greatly depending on the courier you have selected. We are able to offer a more specific estimate when you are choosing your courier at checkout.

4.3 Dispatch Time

Orders are usually dispatched within 2 business days of payment of order.

Our warehouse operates on Monday - Friday during standard business hours, except on national holidays at which time the warehouse will be closed. In these instances, we take steps to ensure shipment delays will be kept to a minimum.

4.4 Change of Delivery Address

For change of delivery address requests, we are able to change the address at any time before the order has been dispatched.

4.5 P.O. Box Shipping

Quantum Integration will ship to P.O. box addresses using postal services only. We are unable to offer couriers services to these locations.

4.6 Military Address Shipping

We are able to ship to military addresses using USPS. We are unable to offer this service using courier services.

4.7 Items Out of Stock

If an item is out of stock, we will dispatch the in-stock items immediately and send the remaining items once they return to stock.

4.8 Delivery Time Exceeded

If delivery time has exceeded the forecasted time, please contact us so that we can conduct an investigation.

5. Tracking Notifications

Upon dispatch, customers will receive a tracking link from which they will be able to follow the progress of their shipment based on the latest updates made available by the shipping provider.

6. Parcels Damaged in Transit

If you find a parcel is damaged in-transit, if possible, please reject the parcel from the courier and get in touch with our customer service. If the parcel has been delivered without you being present, please contact customer service with next steps.

7. Duties & Taxes

7.1 Sales Tax

Sales tax has already been applied to the price of the goods as displayed on the website

7.2 Import Duties & Taxes

Import duties and taxes for international shipments may be liable to be paid upon arrival in destination country. This varies by country, and Quantum Integration encourages you to be aware of these potential costs before placing an order with us.If you refuse to pay duties and taxes upon arrival at your destination country, the goods will be returned to Quantum Integration at the customers expense, and the customer will receive a refund for the value of goods paid, minus the cost of the return shipping. The cost of the initial shipping will not be refunded. Customers located in Australia, Canada or the United States will receive domestic shipments that do not require any additional import duties.

8. Cancellations

If you change your mind before you have received your order, we are able to accept cancellations at any time before the order has been dispatched. If an order has already been dispatched, please refer to our refund policy.

9. Insurance

Parcels are insured for loss and damage up to the value as stated by the courier.

9.1 Process for Parcel Damaged In-Transit

9.2 Process for Parcel Lost In-Transit

We will process a refund or replacement as soon as the courier has conducted an investigation and deemed the parcel lost.

10.Customer Service

For all customer service enquiries, please submit an enquiry at 

support@quantumintegrate.com

Refund Policy

Last updated: January 30, 2020

Returns

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Additional non-returnable items:

- Gift cards

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted (if applicable)

- Any item not in its original condition, is damaged or missing parts for reasons not due to our error

- Any item that is returned more than 30 days after delivery

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at support@quantumintegrate.com.

Sale items (if applicable)

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at support@quantumintegrate.com.

Shipping

Any item returned to Quantum Integration must have a valid RMA written on the outside of the box. Customers may request an RMA through Customer Support before returing their product.To return your product, you should mail your product to: Quantum Integration, Inc., 4321 Marina Drive, Santa Barbara CA 93110, United States

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Product Warranty

Last updated: January 30, 2020

Quantum Limited Warranty

Quantum Integration, Inc. (“Quantum”) warrants that from the date of sale of a Q-Server Central Core or Q-Client Builder Base (collectively, “Product”), the Product will be free from defects in materials and workmanship for a period of one (1) year. Provided that you have informed Quantum of any such defect within the warranty period, returned the product to Quantum along with a copy of the sales invoice or receipt, and the Product is determined to be defective in materials or workmanship, Quantum will replace the Product free of charge, subject to the terms and limitations below. Any replaced Product will become the property of Quantum. To the fullest extent permitted by law, no replacement will renew or extend the warranty period.

This warranty shall not apply if the model name/serial number of the Product has been altered, removed or made illegible, or if the defect is caused by: neglect, misuse or operation or treatment of the Product inconsistent with instructions provided by Quantum or normal wear and tear; use of the Product with any other product, accessory, software or service not supplied or recommended by Quantum; viruses, malware or other unauthorized access; the modification, adaptation or repair of the Product without Quantum’s authorization; or accident, liquid or chemical, excessive heat or improper ventilation, incorrect voltage, power surges, or other acts or incidents beyond the control of Quantum.

This warranty covers only hardware components of the Product. It does not cover software licensed pursuant to the Quantum Terms of Use. Without limiting the foregoing, this warranty is subject to the Disclaimer and Limitation of Liability set out in the Quantum Terms of Use. For more information, go to www.quantumintegrate.com/legal.

This warranty is distinct from any statutory rights you may have under applicable laws of your country relating to the sale of consumer products. These rights are not excluded or limited by this warranty.

To make a warranty claim, return your Product to the address set out below. To avoid damage to or loss/erasure of data stored in the Product, remove or back up any such data prior to return of the Product. Quantum will not be responsible for any such damage, loss or erasure.

Quantum Integration, Inc.

Attn: Customer Support - Returns

4321 Marina Drive

Santa Barbara, CA 93110