END-USER LICENSE AGREEMENT (EULA)

Last Updated: November 08, 2023

This End User License Agreement, including any supplemental terms (collectively hereinafter, the "EULA") is a legally binding agreement between users (hereinafter, "you," "your," "user," "registered user") and QG Med (hereinafter, the "Company," "we," "us," "our) and governs your use of QG Med (hereinafter, the "App") provided by the Company.

Your use of the App, and any future release, update, or any other addition to the functionality thereof, shall be subject to the terms prescribed by the Terms and Conditions (hereinafter, T&C) and the EULA of QG Med .

You are advised to read this EULA and our T&C with attention and care. By accessing or using the App, or any software therein, you formally accept, give consent, and agree to the terms of the EULA and T&C. If you do not agree with the prescribed T&C and EULA to the App, you may not access, use or otherwise download the App.

Upon visiting, accessing, entering, downloading or otherwise using the App, you hereby agree and give your formal consent to the use of electronic communication to enter into legally binding contracts to the extent permitted by applicable laws.

You hereby waive any rights under any laws and regulations that may require an original (non-electric) signature to constitute a legally binding contract.

OWNERSHIP

The App and all worldwide copyrights, trade secrets, trademarks and other intellectual property rights therein, are the exclusive property of the Company. We reserve all rights in and to the App.

LICENSE

Subject to the terms under this EULA, we hereby grant you a revocable, non-exclusive, non-transferable, limited license to access, visit, download, install and use the App solely for your personal, non-commercial purposes, strictly in accordance with the terms of this EULA and T&C. You may, further, use the app to create content, strictly for your personal, non-commercial purposes. The App shall not be used for any other purpose not prescribed in this EULA.

QG Med reserves the exclusive right to revoke, terminate or limit your license and/or use of the App without notice.

TERM AND TERMINATION

The EULA and the license granted hereunder shall be deemed to come into effect on the date you first use, access or download the App, and shall continue unless this EULA is terminated by you or QG Med .

This EULA may terminate on itself without notice from QG Med if you fail to comply with any terms of the EULA.

We reserve the absolute right to terminate this EULA without notice or reason.

You may terminate the EULA at any time, by permanently deleting, destroying and returning, at your own cost, the App, all backup copies, and all related materials provided by QG Med .

Upon termination of this EULA, the license granted hereunder shall terminate and you shall stop all use of the App immediately.

RESTRICTIONS ON USERS

You agree not to, and you shall not permit others to:

• license, sell, rent, lease, transfer, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third parties;
• copy or use the App for any purpose other than your own personal, non-commercial purposes;
• copy or use the App to facilitate any criminal activity, including but not limited to hacking; or
• modify, make derivative works of, disassemble, decrypt, translate, reverse compile or reverse engineer any part of the App.

LIMITATION OF LIABILITY

Notwithstanding anything written herein to the contrary, and to the extent permitted under applicable laws, you and QG Med hereby acknowledge and agree that we will not be liable for any losses or damages, whether indirect, incidental, special, consequential, exemplary, or punitive, or for any loss of use, or lost data, even if we have been advised of the possibility of such damages.

Notwithstanding anything written herein to the contrary, and to the extent permitted under applicable laws, you and QG Med hereby acknowledge and agree that the total cumulative liability in connection with the App, its Terms and Conditions and this EULA, shall at all times, whether in contract or tort or otherwise, be limited to a maximum of a hundred (U.S. $ 100 / USD 100). The existence of more than one claim shall not enlarge or deviate or alter this prescribed limit. QG Med disclaims any liability of any kind, and you hereby, by accessing, downloading, registering, or using the App, give your formal consent to this, and every other clause/provision of this EULA.

SEVERABILITY AND DISCLAIMERS

Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We reserve the right to freely assign this EULA.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA. Any notice to you may be provided by email to the address you have registered with us. We shall have no responsibility to provide maintenance or support services with respect to the App.

If any provision of this EULA is unenforceable, such provision shall be interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.

All waivers by us shall be effective only if in writing. Any waiver or failure by QG Med to enforce any provision of this EULA on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion.

You acknowledge that the App contains valuable trade secrets, trademarks, copyrights, proprietary information and other intellectual properties of QG Med , that any actual or threatened breach of any section of this EULA that may constitute irreparable harm to QG Med shall be liable to any and every damages, including but not limited to, incidental damages, consequential damages, nominal damages, liquidated damages, punitive damages, monetary or any special kind of damages permitted by applicable laws, as an appropriate remedy for such breach. This EULA and the Terms constitute the final, complete, and exclusive agreement between the parties regarding the App and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.

INTELLECTUAL PROPERTY

You hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual property rights in the App reside with the QG Med . The trademarks, logos, designs, and service marks appearing on the App are registered and unregistered marks of QG Med . Accordingly, nothing in this EULA or the App grants you any right to use any form of intellectual property contained in the App.

Therefore, all rights, titles, interests, and copyrights in and/or to the App, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by the QG Med . Accordingly, the App is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use the App concerning all intellectual property contained therein, except as otherwise provided for in this EULA.

AMENDMENTS

We reserve the sole right to amend, repeal, modify, replace, terminate or make changes to this EULA, and the App without notice, from time to time. If we make material changes to this EULA, or the App, we shall notify you by sending you an e-mail at your primary email address or in any other way convenient for us, as mentioned in your account details. Any changes to this EULA, or App, shall be effective immediately for new users of our App; otherwise these changes shall be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you. You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering the notice described above, our dispatch of the e-mail containing such notice shall nonetheless constitute effective notice of the changes. Continued use of the App following notice of such changes shall indicate your acknowledgement of, and EULA to be bound by, such changes.

DISCLAIMER: WARRANTY

To the extent permitted under Applicable laws, you acknowledge that we provide the App "as-is" without any warranty of any kind, express or implied, and to the maximum extent permitted by Applicable law. We disclaim all warranties, whether express, implied, or statutory, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. We do not guarantee any specific results from the use of our App. We make no warranty that the App shall be uninterrupted, free of viruses, or other harmful code, timely, secure or error or bug free.

CONTACT US

For any questions or queries regarding this EULA, please feel free to contact us: