Terms and Conditions
These Terms and Conditions ("Terms") govern your access to and use of the Services, including our email notifications, applications, icons, and widgets (the "Services," "the Platform," "the Application," or "HOLDER-Q"), as well as your access to and use of any information, text, graphics, photos, or other materials uploaded, downloaded, or played through the Services (collectively, "Content"). "HOLDER-Q" is powered by QRONER S.R.L., so we will use the name "HOLDER-Q" interchangeably herein as a reference to QRONER. So for our purposes, both names mean the same thing. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing the Application or using the Services, you will be bound by these Terms.
1. Basic Terms
You are responsible for your use of the Services, any Content you share on the Services, and the consequences thereof. You may use the Services only if you are of legal age and have the capacity to contract with HOLDER-Q and are not a person barred from receiving services under the laws of the Dominican Republic or any other country. By agreeing to these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are duly authorized to do so. You may only use the Services if you do so in compliance with these Terms and any applicable laws, whether local, regional, national, or international.
The services provided by HOLDER-Q are constantly evolving, and therefore the form or nature of such services may change from time to time without advance notice of such change. In addition, HOLDER-Q may stop providing (permanently or temporarily) the Services (or any features within the Services) to you or to all users generally, and in these circumstances, HOLDER-Q may not be able to notify you of this fact in advance. HOLDER-Q also reserves the right to impose usage and storage limits at its sole discretion, at any time and without prior notice. Users are responsible for periodically reviewing these Terms and Conditions and, therefore, by continuing to use the Application, users confirm that they accept any updates made.
The Services may include advertisements. The type and characteristics of advertising that HOLDER-Q displays through the Services are subject to change. You agree that HOLDER-Q, its third-party providers and partners may include advertising on the Services. Fraud or attempted fraud and any malicious activity, or any activity that harms or negatively impacts the Application, as well as any breach or violation of this agreement by any registered or unregistered user of the Application, will be removed from the Application and may be prosecuted by QRONER. You agree to use the media and content provided on this platform in an honest manner and in accordance with good business practices and established law.
2. About Privacy
You understand that through your use of this application, you consent to the collection and use of this information, including the transfer of this information to services in other countries for storage, processing and use by HOLDER-Q. As part of providing the Services, we may be required to provide you with certain information, for example, through notifications in connection with the provision of the Services or administrative postings. These communications are considered part of the Services and your HOLDER-Q account and you may not be able to opt out of receiving them.
3. Password
You are responsible for maintaining the privacy of the password used to access the Services and for any activities or actions performed under your password. We recommend that you protect your account with a strong password, different from any other password you have used or are using for other accounts belonging to other online platforms (a password containing combinations of upper and lower case letters, numbers and symbols). HOLDER-Q cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Your License to Use the Services
HOLDER-Q grants you a personal, worldwide, non-assignable, non-exclusive license to use the software HOLDER-Q provides to you as part of the Services. The purpose of this license is to enable the use of the services provided by HOLDER-Q in the manner permitted by these Terms. These services or part of them require NON-REFUNDABLE payment such as, for example, subscription fee and/or any other specific feature thereof.
5. HOLDER-Q Rights
All rights, title and interest in and to the Services are and shall remain the exclusive property of HOLDER- Q and its licensors. The Services are protected by copyright and trademark laws of both the Dominican Republic and foreign countries. These Terms do not grant you any rights in connection with the use of the HOLDER-Q name or any of the HOLDER-Q trademarks, logos, domain names or any other distinctive brand features. Any comments, feedback or suggestions you may make regarding HOLDER-Q or the Services are entirely voluntary and HOLDER-Q is free to use such comments, feedback or suggestions in any manner it deems appropriate without any obligation to you.
6. Restrictions on Use of the Services
We reserve the right to access, read, preserve and disclose any information that we reasonably consider necessary to (1) satisfy any applicable law, regulation, legal process or governmental request, (2) enforce the Terms, including investigation of potential violations. hereof, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to user support requests, or (5) protect the rights, property or safety of HOLDER-Q and its users. You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, HOLDER-Q's computer systems, or the technical delivery systems of HOLDER-Q's providers, (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available published interfaces provided by HOLDER-Q (and only pursuant to those terms and conditions), unless you have been specifically permitted to do so in a separate agreement with HOLDER-Q, (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
7. Copyright Policy
HOLDER-Q respects intellectual property rights and expects users of the Services to do the same. Services and content provided by HOLDER-Q are subject to copyright terms.
8. Termination of these Terms
The Terms will continue to apply until terminated by either you or HOLDER-Q as follows. You may terminate your legal agreement with HOLDER-Q at any time and for any reason by deleting your accounts and discontinuing use of the Services. If you stop using the Services without deleting your account it may be deactivated or deleted, at Holder-Q’s discretion, due to prolonged inactivity. We may suspend or terminate your accounts or stop providing you with all or part of the Services at any time and for any reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms, (b) you have created any risk or legal exposure for us, or (c) because providing the Services to you is no longer commercially viable. Nothing in this clause affects HOLDER-Q's right to modify, limit or discontinue the Services without notice, as provided in clause 1.
9. Disclaimer and Limitation of Liability
Please read this section carefully as it limits the liability of HOLDER-Q and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively, the "HOLDER-Q Entities"). Each of the subsections below only applies to the maximum extent permitted by applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or limitation of liability in contracts and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have that are not legally limited. .
A. The Services are available on an "AS IS" basis
Your access to and use of the Services or any Content is at your own risk. You acknowledge and agree that the Services will be provided on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted by applicable law, THE HOLDER-Q ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The HOLDER-Q Entities make no warranties and disclaim all liability for: (i) the completeness, accuracy, availability, timeliness, security, and reliability of the Services, (ii) any damage to your computer systems, loss of data, or any other harm resulting from access to or use of the Services or any Content, (iii) the deletion of or failure to store or transmit any Content and any communications through the Services, and (iv) the suitability of the Services to meet your needs, availability, or provision on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the HOLDER-Q Entities shall create any warranty not expressly made herein.
B. About Links
The Services may contain links to third-party applications, websites, or resources. You acknowledge and agree that the HOLDER-Q Entities are not responsible or liable for: (i) the availability or accuracy of such applications, websites or resources, or (ii) the content, products or services on or available from such applications, websites or resources. Links to such applications, websites or resources do not imply endorsement by the HOLDER-Q Entities of such applications, websites or resources or the content, products or services available from such applications, websites or resources. You hereby accept sole responsibility for, and assume all risk arising from, your use of such applications, websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOLDER-Q SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, GOODWILL OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT PROVIDED BY A THIRD PARTY THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY UNLAWFUL, DEFAMATORY, OFFENSIVE ACTION OF OTHER USERS OR THIRD PARTIES, (iii) ANY CONTENT OBTAINED THROUGH THE SERVICE, OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. IN NO EVENT WILL HOLDER-Q'S TOTAL LIABILITY EXCEED THE GREATER OF ONE UNITED STATES DOLLAR (US$1.00) FOR THE SERVICES GIVING RISE TO THE CLAIM. THIS, EXCEPT FOR ANY PROFITS OR EARNINGS THROUGH HOLDER-Q, IN WHICH CASE NO INDEMNIFICATION WILL BE MADE BY HOLDER-Q. THE LIMITATIONS IN THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT HOLDER-Q HAS BEEN INFORMED OF THE POSSIBILITY OF ANY DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10. General Terms
A. Waiver and Severability
HOLDER-Q's failure to enforce any right or provision contained in these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is found to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary, while the remaining provisions shall continue in full force and effect and enforceable.
B. Applicable Law and Forum
These Terms and any action related thereto shall be governed in accordance with the provisions of the law of the Dominican Republic without being subject to any principles of conflicts of laws of your state or country of residence. To this end, you agree that any claim, proceeding or litigation arising in connection with the Services shall be irrevocably submitted to the courts located in the National District of Santo Domingo, Dominican Republic, and you agree to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum. If you are a government entity using the Services in your capacity as such and cannot be subject to the applicable regulations or forum provided for in the previous clauses, then these clauses will be deemed not to apply to you.
C. Entire Agreement
These Terms constitute the entire and exclusive agreement between HOLDER-Q and you, with respect to the Services (excluding any services for which you have entered into a separate agreement with HOLDER- Q or which expressly supplement or replace these Terms), and these Terms revoke and replace any prior agreements between you and HOLDER-Q relating to the Services. Any person or company may be a beneficiary of this Agreement except the group of companies of which HOLDER-Q is the parent. These Terms may be revised from time to time, although the latest version is always available at HOLDER-Q.com. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. These services are operated and provided by QRONER S.R.L. Effective date: January 1, 2025.