This Terms of Services (this “Agreement”) contains the terms and conditions that govern your access to and use of DLTK services and is an agreement between Qubit AI Technologies Private Limited (“we,” “us,” or “our”), having its registered office at 3rd Floor, Soft Sol Building, Infocity, Madhapur, Hyderabad, Telangana 500081, India, and you or the entity you represent (“you” or “your”). This Agreement takes effect when you click on “I Accept” button or checkbox presented with these terms or, if earlier when you use any of DLTK services (the “Effective Date”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity
Use of DLTK services
You may access and use DLTK services in accordance with this Agreement. You will comply with the terms of this Agreement and all laws, rules, and regulations applicable to your use of DLTK services.
To access the Services, you must have a DLTK account associated with a valid email address and a valid form of payment. Unless explicitly permitted by the Service Terms, you will only create one account per email address.
Third-Party Content may be used by you at your election. Third-Party Content is governed by this Agreement and, if applicable, separate terms and conditions accompanying such Third-Party Content, which terms and conditions may include separate fees and charges.
We may change or discontinue any APIs for the Services from time to time.
Security and Data Privacy
DLTK Security: We will implement reasonable and appropriate measures designed to help you secure your content against accidental or unlawful loss, access or disclosure.
Data Privacy: We will not access or use your content except as necessary to maintain or provide DLTK services, or as necessary to comply with the law or a binding order of a governmental body.
Except to the extent caused by our breach of this Agreement, (a) you are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or End Users), and (b) we are not responsible for unauthorized access to your account.
You will ensure that your content and your and End Users’ use of your content or DLTK services will not violate any of the Policies or any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of your content.
You are responsible for properly configuring and using DLTK services and otherwise taking appropriate action to secure, protect and backup your accounts and your content in a manner that will provide appropriate security and protection, which might include use of encryption to protect your content from unauthorized access and routinely archiving your content.
DLTK log-in credentials and private keys generated by the Services are for your internal use only and you will not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.
You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this Agreement, your content or use of DLTK services. You are responsible for End Users’ use of your content and DLTK services. You will ensure that all End Users comply with your obligations under this Agreement and that the terms of your agreement with each End User are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement caused DLTK services by such End User. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User obligating us to provide such support or services.
Fees and Payment
Service Fees: We calculate and bill fees and charges monthly or according to subscribed plan. We may bill you more frequently for fees accrued if we suspect that your account is fraudulent or at risk of non-payment. We will invoice you from our registered office at the address of your establishment (as registered with the tax authorities, if applicable) receiving the Services in accordance with the applicable indirect tax laws. You will pay us the applicable fees and charges for use of DLTK services as described on the Site using one of the payment methods we support. All amounts payable by you under this Agreement will be paid to us without setoff, or counterclaim, and without any deduction or withholding unless required by law. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on the Site, unless we expressly state otherwise in a notice. We may increase or add new fees and charges for any existing Services you are using by giving you prior notice.
Taxes: All fees and charges payable under this Agreement will be exclusive of applicable national, state or local indirect taxes (“Taxes”) that QUBIT AI TECHNOLOGIES is legally obligated to charge under the applicable laws. For the purpose of this clause, local indirect taxes include Goods and Services Tax (“GST”), which includes the Central Goods and Services Tax (“Central Tax”), the State Goods and Services Tax (“State Tax”), the Union Territory Goods and Services Tax (“UT Tax”), the Integrated Goods and Services Tax (“Integrated Tax”) as may be applicable. The Taxes charged by QUBIT AI TECHNOLOGIES will be stated in the invoice pursuant to applicable laws. QUBIT AI TECHNOLOGIES may charge and you will pay any applicable Taxes, which are stated separately on the invoice. As per the statutory requirement under GST, you will provide all necessary information such as the correct GST registered address, legal name and GSTIN (“GST Information”) in order for QUBIT AI TECHNOLOGIES to issue correct GST invoices as per the applicable legal requirements. In the event, the GST invoice is incorrect, you will inform us in a timely manner, to enable QUBIT AI TECHNOLOGIES to correct the GST tax invoice.
We may suspend your or any End User’s right to access or use any portion or all of DLTK services immediately upon notice to you if we determine:
your or an End User’s use of DLTK services (i) poses a security risk to DLTK services or any third party, (ii) could adversely impact our systems, DLTK services or the systems or Content of any other customer, (iii) could subject us, or any third party to liability, or (iv) could be fraudulent;
you are, or any End User is in breach of this Agreement
you are in breach of your payment obligations; or
you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
Effect of Suspension: If we suspend your right to access or use any portion or all of DLTK services:
you remain responsible for all fees and charges you incur during the period of suspension;
you will not be entitled to any service credits for any period of suspension.
Term & Termination
Term: The term of this Agreement will commence on the Effective Date and will remain in effect until terminated. Any notice of termination of this Agreement by either party to the other must include a Termination Date that complies with the notice periods.
Termination for Convenience: You may terminate this Agreement for any reason by providing us notice and closing your account for all Services for which we provide an account closing mechanism. We may terminate this Agreement for any reason by providing you an advance notice.
Termination for Cause: Either party may terminate this Agreement for cause if the other party is in material breach of this Agreement and the material breach remains uncured. No later than the Termination Date, you will close your account.
Upon the Termination Date:
All your rights under this Agreement immediately terminate;
you remain responsible for all fees and charges you have incurred through the Termination Date and are responsible for any fees and charges you incur during the post-termination period;
you will immediately return or, if instructed by us, destroy all DLTK Content in your possession.
For any use of the Services after the Termination Date, the terms of this Agreement will apply and you will pay the applicable fees at the rates.