Terms of Service

Terms of Service

These Terms of Service ("Terms") govern your use of the website located at quantanovaes.world and the construction project performance analytics platforms and services provided by QuantaNova ES B.V. ("Company", "we", "us", or "our").

By accessing or using our website and services, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access our website or use our services.

Acceptance of Terms

By accessing and using the QuantaNova ES website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These Terms constitute a legally binding agreement between you and QuantaNova ES B.V.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In such case, "you" and "your" will refer to that entity.

Eligibility

You must be at least 18 years of age to use our services. By using our services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

Description of Services

QuantaNova ES provides construction project performance analytics platforms and related services, including but not limited to:

• Real-time performance monitoring systems
• Predictive analytics platforms
• Risk assessment and management tools
• Data integration and management solutions
• Training and implementation support services
• Consultation and advisory services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, at our sole discretion.

User Obligations

As a user of our website and services, you agree to:

Permitted Use

• Use our services only for lawful purposes and in accordance with these Terms
• Provide accurate, current, and complete information when creating accounts or using our services
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorised use of your account
• Comply with all applicable laws and regulations in your use of our services

Prohibited Activities

You agree not to:

• Use our services for any illegal or unauthorised purpose
• Attempt to gain unauthorised access to our systems, networks, or data
• Interfere with or disrupt the integrity or performance of our services
• Transmit viruses, malware, or other harmful code
• Reverse engineer, decompile, or disassemble our software or platforms
• Use our services to compete with us or develop competing products
• Violate the intellectual property rights of QuantaNova ES or third parties
• Share account credentials or allow unauthorised access to your account

Intellectual Property

The QuantaNova ES website, analytics platforms, software, and all related content, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, are the property of QuantaNova ES B.V. or its content suppliers and are protected by copyright, trademark, and other intellectual property laws.

Our Rights

All intellectual property rights in our services, including patents, copyrights, trademarks, trade secrets, and proprietary technology, remain the exclusive property of QuantaNova ES B.V. or our licensors.

Limited Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our services for your intended business purposes. This licence does not include the right to:

• Resell or make commercial use of our services
• Collect and use product listings, descriptions, or prices
• Make derivative works based on our services
• Use any data mining, robots, or similar data gathering tools

User-Generated Content

You retain ownership of any content you submit to our platforms. However, by submitting content, you grant QuantaNova ES a worldwide, royalty-free, non-exclusive licence to use, reproduce, modify, and display such content solely for the purpose of providing our services.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as outlined in our Privacy Policy.

Payment Terms

If you purchase services from QuantaNova ES, the following payment terms apply:

Fees and Billing

• All fees are quoted in Euros (EUR) unless otherwise specified
• Payment terms are typically net 30 days from invoice date unless otherwise agreed
• Late payments may incur interest charges as permitted by Dutch law
• All fees are non-refundable unless otherwise specified in writing

Taxes

You are responsible for all applicable taxes, duties, and assessments related to your use of our services, except for taxes based on our net income.

Limitation of Liability

To the maximum extent permitted by applicable law, QuantaNova ES B.V. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use our services
• Any unauthorised access to or use of our servers and/or personal information
• Any interruption or cessation of transmission to or from our services
• Any bugs, viruses, or other harmful code that may be transmitted through our services
• Any errors or omissions in content or for any loss or damage incurred as a result of the use of any content

Our total liability to you for all damages, losses, and causes of action shall not exceed the amount you have paid to QuantaNova ES in the twelve (12) months preceding the incident giving rise to liability.

Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. QuantaNova ES expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Indemnification

You agree to defend, indemnify, and hold harmless QuantaNova ES B.V., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit to our platforms

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the competent courts of Amsterdam, Netherlands, and you hereby consent to personal jurisdiction and venue therein.

European Union Rights

If you are a consumer resident in the European Union, you may have additional rights under EU consumer protection laws that cannot be waived by these Terms.

Dispute Resolution

We encourage you to contact us directly to resolve any disputes. Most concerns can be resolved quickly and amicably through direct communication.

Formal Disputes

Any disputes that cannot be resolved through direct communication shall be resolved through binding arbitration in accordance with the rules of the Netherlands Arbitration Institute (NAI), conducted in English in Amsterdam, Netherlands.

Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to your breach of these Terms.

Effect of Termination

Upon termination:

• Your right to use our services will cease immediately
• You must cease all use of our platforms and return or destroy any confidential information
• All provisions that by their nature should survive termination shall survive, including intellectual property rights, warranty disclaimers, indemnity, and limitations of liability

Data Retention

Following termination, we may retain your data in accordance with our Privacy Policy and applicable legal requirements. You may request deletion of your data subject to our legal obligations.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending email notification to registered users
• Providing notice through our services

Your continued use of our services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you should discontinue your use of our services.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely reflects the original intent.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by QuantaNova ES, constitute the entire agreement between you and QuantaNova ES B.V. concerning your use of our services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Force Majeure

QuantaNova ES shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other causes beyond our reasonable control.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. QuantaNova ES may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

These Terms of Service are effective as of the date last updated and will remain in effect except with respect to any changes in their provisions in the future, which will be in effect immediately after being posted on this page.