Terms of Service

Acceptance of Terms

By accessing or using the website located at https://www.qwandery.autos and any of its subdomains, or by requesting, receiving, or using any services provided by QWANDERY INC., you agree to be bound by these Terms of Service. If you do not agree to be bound by all of the terms and conditions contained in this document, you must not access or use our website and must refrain from requesting or using any of our services. These terms constitute a legally binding agreement between you and QWANDERY INC. and govern your use of our digital platforms and professional services.

QWANDERY INC. reserves the right to modify, update, or replace these Terms of Service at any time. Changes become effective immediately upon posting to our website. Your continued access to or use of our website or services after any changes are posted constitutes your acceptance of the modified terms. We encourage you to review these terms periodically to stay informed. The most current version will always be available on our website.

If you are accessing or using our website or services on behalf of a company, partnership, association, government agency, or other legal entity, you represent and warrant that you have full power and authority to bind that entity to these Terms of Service. In such case, references to you throughout this document refer to both the individual user and the entity on whose behalf you are acting. If you do not have such authority, you must not accept these terms on behalf of that entity.

Services Description

QWANDERY INC. provides professional computer systems design services within the Professional, Scientific, and Technical Services sector. Our comprehensive service offerings include information technology infrastructure planning, systems architecture consulting, software integration and middleware solutions, cybersecurity assessment and risk management, cloud migration strategy, and technology advisory support for organizations across multiple industry verticals.

The specific scope of work, deliverables, project timeline, fees, and performance standards for each engagement are defined in separate written service agreements signed by both parties before work commences. These Terms of Service govern general website use, while project-specific terms and conditions are detailed in individual service agreements. In the event of any conflict, the signed service agreement shall prevail.

All services are provided subject to availability of qualified personnel and technical resources. QWANDERY INC. reserves the right, in its sole discretion, to modify, suspend, or discontinue any aspect of its services with reasonable notice to affected clients when feasible. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of any aspect of our services.

User Responsibilities

You agree to use our website and services in full compliance with all applicable local, state, national, and international laws, regulations, and ordinances. You are solely responsible for maintaining the confidentiality and security of any account credentials, passwords, or other access mechanisms provided in connection with your use of our services. You accept full responsibility for all activities that occur under your account or using your credentials.

Prohibited activities include transmitting or introducing viruses, worms, Trojan horses, or other malicious code; attempting to gain unauthorized access to our systems, networks, or data; interfering with or disrupting the proper functioning of our website or services; collecting or harvesting information about other users without their consent; and engaging in any activity that could damage, disable, overburden, or impair our infrastructure or violate applicable law.

You represent and warrant that all information you provide to QWANDERY INC. in connection with your use of our website or services is true, accurate, current, and complete. You agree to maintain and promptly update any information that becomes inaccurate, incomplete, or outdated. You must notify us immediately of any known or suspected unauthorized use of your account or any other breach of security.

Intellectual Property

All content, materials, information, software, code, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and other materials made available on or through our website or created in connection with our services are the exclusive property of QWANDERY INC., its affiliates, or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You receive a limited, non-exclusive, non-transferable, revocable license to access and use our website and its content for your personal or internal business purposes. You may download or print copies of content for such purposes provided you retain all copyright, trademark, and other proprietary notices contained in the original content. Any other reproduction, distribution, modification, transmission, republication, display, or performance of the content without our prior written consent is strictly prohibited. Unauthorized use may violate copyright, trademark, and other applicable laws.

Upon full and timely payment of all fees due under a signed service agreement, and subject to your compliance with all terms and conditions of that agreement, we assign to you ownership of the specific work product, deliverables, and intellectual property expressly identified as deliverables in the applicable service agreement. QWANDERY INC. retains all right, title, and interest in and to its pre-existing intellectual property, methodologies, tools, frameworks, and know-how, whether or not incorporated into deliverables, and grants you a perpetual, non-exclusive, royalty-free license to use such items solely as incorporated into and as necessary to use the deliverables for their intended purpose.

Confidentiality

During the course of our business relationship, both parties may have access to or be exposed to confidential information of the other party. Confidential information includes but is not limited to non-public technical data, business plans and strategies, financial information and projections, client lists and contact information, trade secrets, proprietary software and algorithms, product roadmaps, marketing plans, personnel information, and any other information that is marked as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.

Each party agrees to hold the other party confidential information in strict confidence, to use it only for the purposes of performing obligations under any applicable service agreement, to disclose it only to those employees, contractors, and advisors who have a legitimate need to know and who are bound by confidentiality obligations at least as restrictive as those contained in this section, and to protect it using at least the same degree of care used to protect its own confidential information but in no event less than reasonable care.

The confidentiality obligations set forth in this section shall survive the termination of any service agreement and shall continue for a period of three years from the date of disclosure. These obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, that was already in the receiving party possession prior to disclosure, that is independently developed by the receiving party without use of or reference to the disclosing party confidential information, or that is required to be disclosed by applicable law or court order provided that the receiving party gives the disclosing party prompt notice of such requirement.

Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND. QWANDERY INC. DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OBTAINED FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, QWANDERY INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS OR THE FEES PAID FOR THE SPECIFIC SERVICE.

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.

Indemnification

You agree to indemnify QWANDERY INC. against claims arising from your use of our website or services, violation of these terms, or violation of third-party rights. We reserve the right to assume defense of any matter subject to indemnification.

Termination

These terms remain effective until terminated. QWANDERY INC. may terminate or suspend your access for breach of terms, violation of law, or conduct harmful to our business. Upon termination, all granted rights immediately cease.

Governing Law

These terms are governed by the laws of the State of Utah. Any dispute shall first be resolved through good faith negotiations, then binding arbitration in Logan, Utah under American Arbitration Association rules.

QWANDERY INC. may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property. Any claim must be commenced within one year.

General Provisions

These terms constitute the entire agreement regarding website and services use. If any provision is found unenforceable, remaining provisions continue in full effect. Failure to enforce any provision does not constitute a waiver.

You may not assign your rights without our consent. Nothing creates a partnership or agency relationship. QWANDERY INC. is not liable for delays beyond reasonable control.