q4u Terms of Service

These q4u Terms of Service (the "CRM Terms") govern access to and use of q4u, our Real Estate CRM ("q4u" or the "CRM"), provided by Qubrix Technode Private Limited ("Qubrix Technode", "we", "us"), a company registered in India, to the business that signs up for it or accepts an order form (the "Customer", "you"). The CRM is a business product and is not offered to consumers.

By accepting an order form, signing up or using the CRM, you agree to these CRM Terms. If you accept them on behalf of a company, you confirm that you are authorised to bind it. Our Data Processing Terms form part of these CRM Terms. If an order form signed by both parties says something different, the order form wins for that point.

1. The service

The CRM helps real-estate developers and builders manage leads, projects and inventory, site visits, bookings, sales teams and channel partners. It includes the web application at q4u.co.in, related mobile apps, project microsites and an optional WhatsApp assistant. We may improve and change the CRM over time, but we will not materially reduce its core features during a paid term.

2. Accounts and users

• You decide who in your organisation, and which channel partners, get access, and which role each user has.
• You are responsible for everything done through your users' accounts, and for keeping their sign-in details secure.
• Tell us promptly at qubrixtechnode@gmail.com if you suspect unauthorised access.
• Remove access for people who leave your organisation or stop working with you.

3. Your data

• Everything you or your users put into the CRM, including details of buyers and leads ("Customer Data"), belongs to you. You give us permission to host, process and display it only to provide, secure and support the CRM for you.
• For personal data in Customer Data, you are the Data Fiduciary and we are your Data Processor under the Digital Personal Data Protection Act, 2023. Our Data Processing Terms set out how we handle it.
• You are responsible for having a lawful basis for the personal data you collect, including giving the notices and obtaining the consents the law requires, and for the accuracy of the data you store.
• We do not sell Customer Data, and we do not use it to market our own products to your buyers.

4. WhatsApp and other messaging

• The WhatsApp assistant and WhatsApp messaging run on the WhatsApp Business Platform operated by Meta. You must comply with Meta's WhatsApp Business and Commerce policies, including getting a person's opt-in before you message them and honouring opt-outs.
• Charges that Meta or other messaging providers apply to your messages are your responsibility unless your order form says otherwise.
• We are not responsible for outages, restrictions or account actions taken by Meta or other third-party platforms.

5. AI features

• Some features, such as the WhatsApp assistant's answers and lead scores, are generated automatically, including by AI models. They are based on the project information you provide and may be incomplete or wrong.
• Keep project information such as prices, availability, offers and RERA details accurate and up to date, because the assistant relies on it.
• Lead scores are a guide for your team. Do not use them as the only basis for a decision that has a legal or similarly significant effect on a person.

6. Real-estate compliance

You are responsible for your projects' registration and compliance under the Real Estate (Regulation and Development) Act, 2016 and the rules of each state, for the accuracy of project details and advertisements, and for complying with consumer protection and other laws that apply to your sales. The CRM is a software tool. Qubrix Technode is not a real-estate agent or broker and is not a party to any transaction between you and a buyer.

7. Fees and payment

• Fees, billing period and payment terms are set out in your order form or our quote. GST and other applicable taxes are charged in addition.
• Invoices are payable within the time stated on them. If an invoice remains unpaid after we have given you written notice, we may suspend access until it is paid.
• Fees are non-refundable except where these CRM Terms or your order form say otherwise, or where the law requires a refund.

8. Acceptable use

You and your users must not:

• use the CRM for anything unlawful, misleading or fraudulent, or to send messages to people who have not agreed to receive them;
• upload malware, or try to break, probe or get around the CRM's security or usage limits without our written permission;
• copy, reverse engineer or resell the CRM, or use it to build a competing product;
• upload personal data you have no right to process.

9. Availability and support

We use reasonable efforts to keep the CRM available and secure, and we try to schedule maintenance outside business hours. Support is available by email at qubrixtechnode@gmail.com. A specific uptime commitment applies only if your order form includes one.

10. Confidentiality

Each of us will keep the other's non-public business information confidential, use it only for the purposes of these CRM Terms and share it only with people who need it and are bound by similar duties. This does not cover information that is public, already known to the recipient, independently developed, or that must be disclosed by law.

11. Intellectual property

We own the CRM, its software, design and documentation, and the Qubrix Technode name and marks. You keep all rights in Customer Data. If you send us suggestions, we may use them to improve the CRM without obligation to you.

12. Term, suspension and termination

• These CRM Terms apply for as long as you use the CRM. Paid subscriptions run for the term in your order form and renew unless either side gives notice before renewal.
• Either side may end the agreement if the other materially breaches it and does not fix the breach within 30 days of written notice.
• We may suspend access immediately if needed to deal with a security threat, serious misuse or a legal requirement, and will restore it once the issue is resolved.
• When the agreement ends, access stops. If you ask within 30 days, we will give you an export of your Customer Data. We then delete it within 90 days, except where the law requires us to keep it.

13. Warranties and disclaimers

We will provide the CRM with reasonable skill and care. Apart from that, and to the extent the law allows, the CRM is provided "as is" and we do not promise that it will be error-free or uninterrupted, or that automated outputs will be accurate.

14. Limitation of liability

To the extent the law allows, neither side is liable for indirect or consequential losses, or for lost profits, revenue or goodwill. Each side's total liability under these CRM Terms is limited to the fees you paid for the CRM in the 12 months before the event giving rise to the claim. These limits do not apply to fees you owe, to your obligations under section 15, or to liability that cannot be limited under Indian law, such as liability for fraud.

15. Your indemnity

You will compensate us for losses, and defend us against claims, arising from Customer Data you had no right to process, messages you sent without the required consent, or your projects' non-compliance with real- estate law.

16. Governing law and disputes

These CRM Terms are governed by the laws of India. We will first try to settle any dispute in good faith for 30 days. If that fails, the courts at Gautam Buddha Nagar, Uttar Pradesh have exclusive jurisdiction.

17. Changes to these terms

We may update these CRM Terms. We will tell account administrators about material changes by email or in the CRM at least 30 days before they take effect. Changes do not alter a signed order form during its term.

18. Contact

Qubrix Technode Private Limited
Runway Studio Suites, 109, Gaur Yamuna City, YEIDA, Nawada, Gautam Buddha Nagar – 203201, Uttar Pradesh, India
Email: qubrixtechnode@gmail.com