Quanta Pay Terms
Terms of Use
Last Updated May 16, 2025
Please read these Terms of Service (“Terms”) carefully as it forms a legal agreement between Quanta Suite, Inc (“Quanta”) and you.
These Terms govern your access to and use of Quanta’s services, including its websites, such as https://www.quantapay.cc and https://quantasuite.com (collectively, the “Websites”), Software (defined below), cloud-based platforms, Quanta Hardware (defined below) and other products and services, whether now known, later developed, updated or enhanced (collectively, the “Services”). This includes any future updates, upgrades, modifications, enhancements, features, or add-ons to the Services. You must agree to these Terms before you are permitted to use the Services.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
By agreeing to the Terms, you represent that (1) you have read, understand, and agree to be bound by these Terms, our Business Associate Agreement (“BAA”), and our Privacy Policy, which are incorporated herein, (2) you are over the age of 13 as the Services may not be used by children under 13, (3) you are of legal age to form a binding contract with Quanta, and (4) you have the authority to enter into the Terms personally or on behalf of the company you have named as the user and to bind that company to these Terms.
THESE TERMS ALSO INCLUDE A CLASS ACTION WAIVER, WHICH MEANS ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS.
Please note that the Terms are subject to change by Quanta in its sole discretion at any time. When changes are made to the Terms, Quanta will make a new copy of the Terms available on the applicable Websites associated with the Services you have purchased or subscribed to. Quanta may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any of the changes, you should stop using the Services.
Registration
In order to use the Services and Quanta Properties (defined below), you must create an account (“Account”), which includes a username and password. You are responsible for the security of your password and for any and all use of your Account. If you become aware of any unauthorized use of your password or of your Account, you agree to notify Quanta immediately.
In registering for the Services, you agree to provide true, accurate, current and complete information. You also agree to maintain and promptly update the information so that it remains true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Quanta has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then Quanta has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree you will not create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Services if you have been previously removed by Quanta, or if you have been previously banned from using any of the Services.
Your Use of the Services and Software
The Websites, Software (as defined below) and Services along with all the materials, documents, data, information and content made available through them, except for personal information provided by you, (collectively the “Quanta Properties”) are protected by trademark, copyright, and other intellectual property laws throughout the world. Unless otherwise specified by Quanta in a separate license, your right to use the Quanta Properties is subject to these Terms.
You acknowledge that any software and associated documentation that is made available via the Websites or the Services (the “Software”) is cloud-based and is provided solely for use as part of the Services. At no time will Quanta provide you with any tangible copy of the Software. You will not receive a tape disk, compact disk, flash drive, or any other comparable physical medium with the Software. Access to the Software is delivered exclusively via cloud-based infrastructure or electronic means.
Subject to your compliance with the Terms, Quanta grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Terms.
Your use of the Quanta Properties is limited to your own internal business purposes. You are authorized to use the Software only as part of the Services or as otherwise expressly permitted under a separate written agreement with Quanta.
Your use of the Quanta Properties is also limited to the United States, and you agree not to input or allow any personal data of non-Us residents to be shared as part of the Services, unless agreed to in writing by Quanta. You acknowledge that using the Services for any business operations outside of the United States requires additional due diligence to ensure compliance by all parties with applicable data security, privacy, and other applicable laws and regulations.
Your Data
You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership of or right to use and disclose all electronic data, content and information, including any personal information, you input or disclose in connection with your use of the Services (“Data”). You agree to promptly address and resolve any claims related to the Data, including those concerning privacy, the Health Insurance Portability and Accountability Act of 1996, as amended, (“HIPAA”), or any allegations that the Data infringes upon the rights of others, such as takedown requests under the Digital Millenium Copyright Act.
You grant Quanta and its subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, distribute, display, and disclose the Data throughout the world in any media for any reason, for the purposes of operating, improving, marketing, and providing the Quanta Properties to you and to other users, and complying with legal obligations. You represent and warrant that you have all necessary rights to grant this license to Quanta.
You will not upload or provide Data or otherwise post, transmit, distribute, or disseminate through the Services any information that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Quanta’s, as determined by Quanta in its sole discretion; or (f) in Quanta’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Quanta, or its affiliates or its customers or other persons to harm or liability of any nature.
Your Feedback
You agree that submission of any ideas, suggestions, recommendations, and/or proposals to Quanta, whether through the Websites, email, or through Quanta’s suggestion, feedback, or similar pages (“Feedback”) is at your own risk and that Quanta has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback.
You grant Quanta a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Quanta Properties. You also acknowledge and agree that Quanta may use your name and logo(s) to identify you as a customer, and, with your consent, may publish your Feedback in connection with your name and logo(s) on the Quanta Properties.
Acceptable Use Policy
Your use of the Services must comply with all applicable laws, regulations, and ordinances. In connection with your use of the Quanta Properties, you shall not (or permit anyone else to):
License, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Quanta Properties or any portion of the Quanta Properties;
Frame or utilize framing techniques to enclose any of Quanta’s trademarks, logos, or other Quanta Properties (including images, text, page layout or form);
Use any metatags or other “hidden text” using Quanta’s name or trademarks;
Distribute any viruses or other malicious code, spam, or any other materials or instructions that may cause harm or injury to anyone;
Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Quanta Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law;
Access the Quanta Properties in order to build a similar or competitive website, platform, application or service;
Copy, reproduce, distribute, republish, download, display, post or transmit any part of the Quanta Properties in any form or by any means, except as expressly stated herein;
Remove or destroy any copyright notices or other proprietary markings contained on or in the Quanta Properties;
Perform or attempt to perform any actions that would interfere with the proper working of the Services or prevent access to or use of the Services by other users;
Use the Services in any way that may subject the Services to any obligations under any open-source software license including, without limitation, any license which imposes any obligation or restriction with respect to Quanta’s patent or other intellectual property rights in the Services;
Upload, post, transmit or otherwise make available any Data that (i) you do not have a right to make available under any law or under contractual or fiduciary relationships; (ii) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual right; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities;
Impersonate any person or entity, including, but not limited to, the Quanta personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Use, disclose, or send Protected Health Information unless allowed under applicable law and in full compliance with HIPAA and any other applicable privacy laws; and
Intentionally or unintentionally violate any applicable local, state, provincial, national or international law, treaty, or regulation, or any order of a court.
Any future release, update or other addition to the Quanta Properties shall be subject to the Terms. Quanta, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Quanta Properties terminates the licenses granted by Quanta pursuant to the Terms.
Ownership
You agree that Quanta and its affiliates own all rights, title and interest in the Quanta Properties, including any intellectual property rights which subsist in the Quanta Properties, (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree to use the Quanta Properties pursuant to the Terms. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Quanta Properties. Quanta’s name and other related graphics, logos, service marks and trade names used on or in connection with the Quanta Properties are the trademarks of Quanta and may not be used without Quanta’s permission. Other trademarks, service marks and trade names that may appear on or in the Quanta Properties are the property of their respective owners.
Quanta also owns all right, title and interest in and to de-identified and aggregated data as more fully detailed in Section 13.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other proprietary interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Quanta.
Quanta reserves all rights not expressly granted to you in these Terms.
Hardware
Quanta may provide hardware, such as a QuantaPay Terminal, to you in connection with your use of the Services (“Quanta Hardware”). Quanta is not liable for late shipment, delivery, or any loss, damage, or penalty you may incur from any delay in shipment or delivery, of the Quanta Hardware. Notwithstanding the foregoing, risk of loss for the Quanta Hardware passes to you upon delivery to you.
Quanta Hardware shall remain the sole property of Quanta. You agree to use the Quanta Hardware in a careful and proper manner and according to any instructions provided by Quanta. The Quanta Hardware shall not be altered, modified, or tampered with in any way.
You are responsible for any loss, theft, or damage to the Quanta Hardware while it is in your possession, other than normal wear and tear. In the event the Quanta Hardware is lost, stolen, or damaged, you agree to promptly notify Quanta and acknowledge that you may be responsible for the cost of repair and replacement of the Quanta Hardware.
You also agree to return any and all Quanta Hardware in your possession following termination of the Services. Failure to return the Quanta Hardware may result in a charge equal to its replacement value.
Fees
Subject to the Terms, the Services are provided to you as described on the Websites. By using the Services, whether free or paid, you agree to any applicable processing fees and billing schedule displayed at checkout. If you purchase any of our paid Services, you also agree to the service subscription fees as presented at checkout or otherwise disclosed to your prior to completing the transaction.
You must provide Quanta with a valid payment method, which may include a credit card (Visa, MasterCard, or any other issuer accepted by Quanta) or an ACH bank transfer account. If the service subscription fee includes recurring monthly payments, those payments will be automatically charged to the payment method you provided on the same calendar day each month until you cancel. Your first service subscription fee will be due upon registering for the Services. You can cancel at any time before the next month’s service subscription fee is charged, as outlined in the Term and Termination section below. If you cancel, any default or late payments will be due immediately.
Processing fees are charged at the time of each transaction and vary based on the number of payments you process each month.
You, therefore, give Quanta permission to automatically charge your payment method for all fees and charges due and payable to Quanta, without any additional authorization. You agree to immediately notify Quanta of any change in your billing address, or the credit card or bank account used for payment. You also agree that Quanta is authorized to share any payment information and instructions required to complete the payment transactions with any third-party payment service providers.
If payment is not received when due, Quanta reserves the right to terminate the Services and to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse Quanta for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Quanta reserves the right to change its fees and billing methods at any time and will provide notice to you before those changes go into effect.
Taxes
All of Quanta’s fees are exclusive of any taxes and government charges. You are responsible and liable for:
identifying and calculating any and all taxes required to be assessed, incurred, collected, paid, or withheld for your use of the Services;
determining whether taxes apply to your sale of your products and services, payments received, bill payments made or received, and/or any other transactions arising from or out of your use of the Services;
registering with the tax authorities in jurisdictions where you are required to do so by applicable law; and
calculating, collecting, reporting, paying, and/or remitting any such applicable taxes to the appropriate tax and revenue authorities.
Quanta disclaims any liability for such taxes, and you agree to fully indemnify, defend, and hold Quanta harmless against any such taxes and any other related expenses or costs incurred in connection with such taxes.
You may be required by law to report certain tax-related information to tax and revenue authorities. If Quanta is required to report this information based on your use of the Services, you agree to provide Quanta with all necessary details to complete these tax reporting obligations. You may also be asked to update or confirm this information periodically, as required by law or during a tax audit or review.
If required by law, Quanta may deduct any necessary withholding taxes or other taxes from any payments owed to you. These deducted amounts will be considered as paid to you under these Terms. Quanta is not required to increase or gross-up any payment to make up for any taxes that are withheld.
Refund Policy
When you register for the Services, you agree that all payments are final and non-refundable. Unless otherwise required by law, you acknowledge that Quanta does not offer refunds for any fees and charges, including but not limited to the service subscription fees and processing fees, and no refunds will be provided to you at any time.
Quanta does not provide refunds or credits for any partial use of the Services or for any periods of inactivity.
Any defects with the Quanta Hardware will not entitle you to a refund. Defective Quanta Hardware will be addressed by Quanta, in its sole discretion, and may include repair or replacement.
If you terminate the Services as outlined below, you will not receive a refund or credit for any payments you have made.
Term and Termination
These Terms commence on the date when you accept them and remain in full force and effect while you use the Quanta Properties, unless terminated earlier in accordance with these Terms.
You agree that Quanta, in its sole discretion and for any or no reason, may terminate your Account or any part thereof, and may suspend providing any or all Services to you. You agree that any termination of your access to the Services may be without prior notice, and you agree that Quanta will not be liable to you or any third party for such termination.
If you want to terminate the Services, you may do so at any time by emailing notice of termination to hello@quantasuite.com at least two (2) days prior to the renewal date. Upon our receipt of your timely notice, your ability to use the Services will terminate at the end of your current billing period. You will not receive any refunds if you cancel your Account, and you agree to pay for all fees owed through the termination date.
Upon termination of the Services, your right to use and access the Services will automatically terminate immediately and you agree to return the Quanta Hardware as outlined above. You acknowledge that if your access to the Services is suspended or terminated, you may no longer have access to the Data that is stored in the Quanta Properties. You are solely responsible for retrieving any Data that you wish to retain prior to termination.
All provisions of the Terms which by their nature should survive, shall survive the termination of Services, including without limitation, Sections 3, 4, 6, 12, 13, 14, 18, and 19.
Confidential Information
For the purposes of the Terms, “Confidential Information” includes Quanta’s pricing, Software, Data, both Quanta’s and your non-public business and technology information, trade secrets, any written materials marked as confidential and any other information which should reasonably be understood to be confidential. Confidential Information does not include information that the receiving party can demonstrate: (i) is or becomes publicly available without fault of the receiving party; (ii) was rightfully in the receiving party’s possession prior to its disclosure by the other party; (iii) is independently developed without the use of any Confidential Information of the disclosing party; or (iv) is obtained without obligation of confidentiality from a third party who has the right to disclose it. The receiving party may also disclose Confidential Information if required by law, provided it gives reasonable prior notice (where legally permitted) to the disclosing party.
The party receiving any Confidential Information (i) shall not disclose such Confidential Information to any person, other than employees and independent contractors or authorized third parties pursuant to the Terms and who are obligated to keep such information confidential; and (ii) shall not use such Confidential Information for any purpose, except as expressly permitted by these Terms. The receiving party shall give Confidential Information at least the same level of protection as it gives its own information of similar sensitivity, but not less than a reasonable level of protection. Confidentiality obligations shall survive any termination or expiration of the Terms.
Data Security and Privacy
You are solely responsible for the Data that you upload, transmit, or otherwise share when using the Services. You agree to comply with all applicable laws, including but not limited to, HIPAA and other applicable data privacy regulations. You further agree to provide data subjects with information on the processing of their personal information, in compliance with the transparency requirements of such data protection laws, and to ensure that personal data is processed fairly, lawfully and in a transparent manner. Because your use of the Services involves the creation, receipt, maintenance, or transmission of Protected Health Information (“PHI”), your agreement to the BAA is a condition of using the Services.
You also agree that your use of the Services shall be subject to the Privacy Policy available at: https://www.quantapay.cc/privacy-policy
Quanta agrees to maintain commercially reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of the Data, including PHI, and other personally identifiable information and data that Quanta receives. Quanta will not disclose PHI or personal information except (i) as set forth in these Terms, Privacy Policy, or the BAA, (ii) as required by law, (iii) as expressly permitted or instructed by you, or (iv) as reasonably necessary to provide the Services.
Unless otherwise prohibited by applicable law, Quanta may de-identify PHI or any personal information in accordance with applicable law and may use and disclose such de-identified data for any legal purpose. Quanta owns all right, title and interest in and to all de-identified data.
Indemnification
You agree to indemnify and hold Quanta and its subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Quanta Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, the Quanta Properties or Quanta Hardware; (b) any actual or alleged breach of your obligations set forth under the Terms, including those set forth in the BAA; (c) your violation of any applicable laws, rules, or regulations, including tax requirements; (d) any third-party’s claims made regarding Quanta’s processing of your client’s personal information in connection with providing you with the Services; (e) any other party’s access and/or use of your Account or the Services with your name, username or password; (f) any transaction or service which Quanta provides you with payment processing services in accordance with the Terms; and (g) your Data. Quanta reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Quanta in asserting any available defenses. You agree that the provisions in this section will survive any termination of the Terms or your access to the Quanta Properties.
Open Source and Third Party Software and Services
You acknowledge that the Software contains open-source code and other third-party software components, which are subject to the applicable third party’s license terms.
The Services may also contain links to third-party websites, software, integrations, products, services, or other resources. You acknowledge and agree that Quanta (i) has no control over these third-party services, (ii) is not responsible for their availability, content or accuracy and (iii) does not endorse any advertising, products, services or other materials on or available from such services.
YOU FURTHER AGREE THAT THE QUANTA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE QUANTA PARTIES LIABLE, FOR THE SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY THIRD PARTIES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
No Professional Advice
Your use of the Services does not create a certified public accountant (CPA), financial advisor, or attorney client relationship, or any other professional relationship, between you and Quanta. You acknowledge that Quanta is not providing any financial, tax, or legal advice and nothing that Quanta provides to you should be interpreted as such. You should consult with a tax or financial advisor or an attorney if you have specific questions about your own use of the Services or the Terms.
Earnings and Results Disclaimer
You agree that Quanta has not made and does not make any representations about the earnings or results you may receive from using the Services. Quanta cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Services.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE QUANTA PROPERTIES IS AT YOUR SOLE RISK, AND THE QUANTA PROPERTIES AND ANY QUANTA HARDWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE QUANTA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, FITNESS FOR A PARTICULAR PURPOSE, HIDDEN OR LATENT DEFECTS AND NON-INFRINGEMENT.
THE QUANTA PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE QUANTA PROPERTIES OR QUANTA HARDWARE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE QUANTA PROPERTIES OR QUANTA HARDWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE QUANTA PROPERTIES OR QUANTA HARDWARE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE QUANTA PROPERTIES OR QUANTA HARDWARE WILL BE CORRECTED. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM QUANTA OR THROUGH THE QUANTA PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. QUANTA MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES.
YOUR DATA MAY BE TRANSMITTED VIA UNENCRYPTED METHODS OVER VARIOUS THIRD-PARTY NETWORKS.
QUANTA EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY HAVE WITH YOUR PATIENTS, EMPLOYERS, CONSUMERS OR USERS. YOU WILL BE SOLELY RESPONSIBLE FOR THE PRODUCTS AND SERVICES THAT YOU PROVIDE.
Your purchases of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Quanta or any of its affiliates regarding future functionality or features.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE QUANTA PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE QUANTA PROPERTIES OR QUANTA HARDWARE, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT QUANTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE QUANTA PROPERTIES OR QUANTA HARDWARE; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE QUANTA PROPERTIES; OR (4) ANY OTHER MATTER RELATED TO THE QUANTA PROPERTIES OR QUANTA HARDWARE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
UNDER NO CIRCUMSTANCES WILL THE QUANTA PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY QUANTA AS A RESULT OF YOUR USE OF THE QUANTA PROPERTIES IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID QUANTA ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, THE QUANTA PARTIES’ SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QUANTA AND YOU. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
International Users
The Quanta Properties can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Quanta intends to announce such services or content in your country. The Quanta Properties are controlled and offered by Quanta from its facilities and on servers hosted in the United States. All Data, personal information, and PHI will be received, processed and stored in the United States. Quanta makes no representations that the Quanta Properties or the Quanta Hardware are appropriate or available for use in other locations. Those who access or use the Quanta Properties or Quanta Hardware from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Electronic Communications
The communications between you and Quanta may use electronic means, whether you visit the Quanta Properties or send Quanta e-mails, or whether Quanta posts notices on the Quanta Properties or communicates with you via e-mail. For contractual purposes you (1) consent to receive communications from Quanta in an electronic form and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Quanta provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Force Majeure
Quanta shall not be liable for any delay or failure to perform the Services resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to its conflict of laws principles. The state and federal court nearest to Nassau County, Florida shall have exclusive jurisdiction over any case or controversy arising from or relating to the Services. By registering for the Services, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The parties waive any right to bring claims as part of a class or collective action and agree to limit any litigation to individual claims they may have against one another. Any action or proceeding by you relating to the Services must commence within one year after the cause of action accrues. The prevailing party in any dispute between the parties arising out of or related to the Terms, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
Severability
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Waiver
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Assignment
These terms and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred without Quanta’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Modifications
Quanta may modify the Services and the Quanta Properties from time to time, in its sole discretion. Quanta reserves the right, in its sole discretion, to make unscheduled deployments of modifications to the Software at any time and may add or remove functionalities or features and may suspend the Services while updating the Software.
Entire Agreement
These Terms, including the BAA and Privacy Policy, constitute the entire legal agreement between you and Quanta and govern your use of the Services (but excluding any services which Quanta may provide to you under a separate written agreement) and completely replace any prior agreements between you and Quanta in relation to the Services. There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.