1. Legal notice
Quantifly, Ltd. (“Quantifly”, "we", "our") is a company registered in Slovenia with the business address: Ulica Ambrožiča Novljana 5, 1000 Ljubljana and the registration number: 8830142000, which manages the website at https://www.Quantifly.net/ and platform at https://quantifly.app/ (“Platform”) and provides services in the field of personnel/human resources analysis ("Services”). These Quantifly Terms and Conditions ("Terms and Conditions") govern the rights and obligations between you or the company you represent and Quantifly in connection with your use of our Services, Platform and Website. Before using our Services and Platform, you must agree to the Terms and Conditions. This document contains key information about your rights, obligations, conditions, limitations and exclusions that may apply to you. These Terms and Conditions apply to all participants ("Participants") and clients ("Client", “you”, “your”) unless otherwise stated.
If you represent an organisation, when you order our Services you warrant that you have the appropriate authority to express the business wishes of the organisation you represent in relation to these Terms and Conditions. In this case, we refer to your employer or organisation as "you" or "the Client".
By ordering the Services and completing the questionnaires, you expressly declare that you agree to these Terms and Conditions, together with any amendments thereto and any declarations or policies referred to therein.
By using our Services and Platform, you confirm that you are of legal age (under the laws of your country) to give valid consent to these Terms and Conditions. If you are using or ordering our Services on behalf of an organisation or business, you confirm that you have legal authority to represent them.
You may not use our Services and Platform if: you do not agree to these Terms and Conditions; you are not of sufficient age under the laws of your country to enter into a contractual relationship under these Terms and Conditions; or the applicable law of your country prohibits you from accessing or using our Website or Services.
2. Changes to the terms and conditions
Quantifly reserves the right to modify these Terms and Conditions at its sole discretion, as may be required by changes in its business model, legislation or business practices.
Any amendments shall take effect upon the posting of the amended Terms and Conditions on the Quantifly website, of which you shall be notified simultaneously by email to the email address associated with your user account.
3. Definitions
Quantifly means a company registered in Slovenia with the business address: Ulica Ambrožiča Novljana 5, 1000 Ljubljana and the registration number: 8830142000, which offers Services.
Client means any legal or natural person who places an order for the use of the Services in the name of, or on behalf of, an organisation or a freelancer.
Client Content means content created by Clients or Participants during the course of using the Services, as further specified in Article 16.
Force Majeure means events beyond Quantifly's control which prevent Quantifly from providing the Services and/or Platform. These events include any provision of any present or future law, regulation, ordinance or measure; acts of war, hostilities, terrorism, riots and other civil commotions; natural disasters such as flood, fire, earthquake, tsunami or explosion, as well as epidemics or pandemics; strikes, work stoppages or other industrial disruptions; any attack or intrusion into, or denial of service, or other attack on, the software, networks and infrastructure.
Participant means any natural person who is employed or otherwise involved in the Client's work process and is involved in the Services.
Personal Data means all personal data of the Clients and the Participants that Quantifly collects and processes for the purpose of providing the Services. Personal Data means any information relating to an identified or identifiable individual; an identifiable individual is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or by reference to one or more factors specific to that individual's physical, physiological, genetic, mental, economic, cultural or social identity, as set out in the Privacy Policy.
Platform means Quantifly's platform intended for the Clients to access reports, order new Services and review Services in progress.
Privacy Policy is a Quantifly document that describes the collection, storage, use, Insight and disclosure of personal data in the context of the Services. The Privacy Policy is an integral part of these Terms and Conditions and is available at www.Quantifly.si.
Psychologists means psychologists who have individual contracts with Quantifly.
Quantifly 360 means an online personnel/HR analysis tool developed by Quantifly.
Quantifly Insight means a comprehensive personnel/HR analysis service conducted by Quantifly, which is carried out through questionnaires and includes a final report with suggestions for improvement.
Quantifly Implement means a workshop to build an action plan and change coalition(s) for addressing identified challenges.
Quantifly ME means an individual session with a psychologist to review the analysis results and develop an individualized personal improvement action plan.
Quantifly Pulse is a web-based HR analytics tool service that allows clients to monitor changes in participants' satisfaction, loyalty, psychological safety, overload and intention to leave levels through regular short surveys.
Website means the Quantifly website where information and contact for the Services can be accessed at the following link: https://www.Quantifly.net/.
Services means services as described in Article 4 of these Terms and Conditions.
Third Party Payment Service Providers means third party payment services used to pay for the Quantifly 360 service as further defined in Article 6.
Third Party Trademarks means all other trademarks, registered trademarks, product names and company names or logos mentioned on the Quantifly website.
4. Services
4.1. Description of the Services
Quantifly offers three software as a service tools for personnel analysis: Quantifly 360, Quantifly Pulse and Quantifly Insight.
When the Client orders the Quantifly Pulse service, Quantifly sends a link to the interactive digital questionnaires. After completing the questionnaires, the Client receives a report on the changes in satisfaction, belonging, psychological safety and overload of the Participants.
If the Client orders the Quantifly 360 or Quantifly Insight service, the Client must send Quantifly a list of the Participants before the start of the Services. Quantifly then sends a link to questionnaires to the Client. The data for the analysis is captured by Quantifly through interactive digital questionnaires filled in by the Participants, whereby the names and surnames of the Participants are anonymised. Quantifly uses algorithms to process the collected data (without being able to identify an individual employee). To this end, trained Psychologists then interpret the results obtained. With the Quantifly 360, each Participant receives a written individual report on the results of the analysis that concerns them. In addition to the self-assessment, the individual reports show only the average score of all the assessors together, without mentioning the other Participants in the analysis by name. This concludes the Quantifly 360.
Quantifly Insight also includes an in-depth report prepared by the Psychologists on the overall results of the analysis and suggestions for improvement.
Quantifly also offers two services that do not involve the use of software tools. These are Quantifly ME and Quantifly Implement.
Quantifly ME is a support service that Clients can choose after completing a Quantifly 360 analysis or Quantifly Insight analysis if they want the results to be interpreted on an individual level as well. Quantifly ME is conducted for those participants selected by the Client. Booking an appointment for a video call is done via the appointment booking platform. Based on the reservation of the appointment, the participants receive a link to the video call on their email address.
Quantifly Implement is also a support service that clients can choose after completing a Quantifly 360 analysis or Quantifly Insight analysis if they want help implementing proposed improvements. Quantifly Implement is performed by carefully selected Quantifly business partners. The Client agrees on the exact terms of the Quantfily Implement service with Quantifly's business partner.
By ordering any Service you consent to the collecting, processing and accessing the Personal Data that you provide as Clients in accordance with our Privacy Policy. Ordering any Service constitutes the conclusion of a contract between Quantifly and you in accordance with these Terms and Conditions, and you agree that the performance of this contract requires the collection, storage and processing of Personal Data in accordance with the Privacy Policy. The Client undertakes to obtain consent for the transmission, collection, storage and processing of Personal Data from each Participant to whom this Personal Data relates. By participating in the Services, all Participants agree that the Client has full and unlimited insight into the Client Content.
4.2. Price of Services
The prices for the Services are subject to the agreement between the Client and Quantifly. The prices for the Services are determined on the basis of individual contracts with the Client or are subject to special offers offered by Quantifly to the Client at its sole discretion.
5. Platform
5.1. Information about the platform and its use
The Platform is intended for the Clients of Quantifly. It allows the Clients to access reports, order new Services and view Services in progress.
The Clients use the platform at their own risk.
Quantifly offers the use of the Platform to the extent and in the manner set out in these Terms and Conditions and makes no warranty:
- that the Platform will meet or satisfy the Client’s needs and expectations;
- that the Platform is useful and suitable for the Client’s specific purposes;
- that the Platform will be available and operational at all times without interruption or technical problems in combination with any hardware or software, system and data;
- the accuracy, precision or usability of the data and the reliability and availability of the Platform;
- that the data transmitted, stored or generated will be accurate, correct, complete, error-free and reliable.
By registering an account, the Client obtains a personal, limited, non-exclusive, non-transferable, and revocable licence to use the Platform in accordance with these Terms and Conditions.
This licence does not authorise the Client to distribute or tamper with the Platform in any way for the purpose of disclosing or obtaining software code, nor does it allow access to unauthorised persons.
The source code of the Platform and all related promotional materials and content are protected by copyright and the Client shall not have the right to use them for commercial purposes or to interfere with them without the prior written consent of Quantifly.
5.2. User access
The Clients who have a user account can use and access the Platform. The Clients receive a user account with a generated email and password when they order the Services.
You can access the Platform online using any compatible device that is web-enabled and has the appropriate hardware and software installed to support use of the Platform.
Quantifly may from time to time change the appearance, functionality and scope of the Services offered on the Platform at its sole discretion.
5.3. User accounts and use of the platform
The platform provides for the possibility to restrict user rights according to the type of user account. Your account can be one of the following:
- Test (demo) user account: allows you to use the Platform to the extent necessary to demonstrate the usability of the Platform to prospective subscribers;
- Standard user account: allows you to use the Platform to its full extent.
6. Subscription
6.1. Subscription and fees for using the services
Quantifly also offers the possibility to subscribe to Quantifly services. By accepting the offer of one of Quantifly's subscription packages, the Client enters into a subscription relationship with Quantifly. The billing period for the payment of the subscription fee is one calendar month, with the subscription fee being invoiced by the 5th day of the current month for the previous month. The Client may also pay the subscription fee annually. The payment period shall be 30 days from receipt of the invoice.
The subscription shall be for a minimum period of one year, with the possibility of automatic renewal for a further year each time in the event that one of the parties does not terminate the subscription.
Quantifly reserves the right to change the payment terms, with any change coming into effect upon the expiry of one year from the subscriber's entry into the subscription or upon the expiry of one year from the last renewal of the subscription. The Client shall be notified of the change via the Platform or to the email address associated with the subscriber's account.
In the event that the Client does not agree with the change of the subscription terms, the Client may withdraw from the contract in accordance with Article 6.3 of these Terms and Conditions.
6.2. Subscription packages
Quantifly offers different subscription packages depending on the offer.
The unlimited number of analyses in each subscription package means that Clients can benefit from the services within Quantifly's capabilities. The recommended number of Quantifly Insight analysis is 4 times per year. Quantifly Insight must be booked 1 month in advance. If less than 60% of the questionnaires are completed, the Quantifly Insight analysis is not performed by Quantifly.
6.3. Termination of subscription
Regular termination at the initiative of the Client: the Client can terminate the subscription with a written notice after 1 year without a reason. If the subscription is not terminated with a written notice, the subscription is automatically renewed for another year.
Limitation of use and termination at the initiative of Quantifly: Quantifly reserves the right to terminate the subscription relationship with the Client in the event that:
- the Client violates the provisions of these Terms and Conditions or other Quantifly rules and policies;
- the Client fails to pay any outstanding balance within the payment period specified in the invoice; or
- Quantifly permanently ceases to operate and provide the Services and the Platform.
In the event of termination of the subscription for any reason, the Client may request that Quantifly export the Client related data from the database in a suitable format. Quantifly does not guarantee the accuracy, completeness or usefulness
6.4. Subscription package price
The price of the subscription package depends on the individual offer and the number of employees involved in the Services. When ordering a subscription package, the Client is obliged to send a list of the Participants in the Services. The price of the subscription package is subject to change in the event that the list of Participants increases or decreases by more than 10 persons. The Client is obliged to send the updated list of the Participants to Quantifly prior to each Quantifly Insight or Quantifly 360 analysys, however, the Client is not permitted to send a completely different list of Participants each time.
6.5. Subscription refund
The decision as to whether or not to refund a subscription package price and/or grant a credit shall depend on a case-by-case basis and shall be at the sole discretion of Quantifly. Quantifly shall make its decision based on the circumstances of the case. A refund of the subscription package price is not applicable in the event that Quantifly decides to permanently discontinue providing the Platform and the Services.
Quantifly may also, at its sole discretion, partially or fully refund your subscription package price or grant you a credit in the event that the Platform or the Services have been unavailable for a prolonged period of time due to reasons beyond Quantifly's control (several weeks).
7. Payment
7.1. Payment for the Services
Payment for the Services is made by bank transfer based on the issued invoice. Payment must be made according to the agreed schedule, as set out in the offer for each individual Client.
We also use Third Party Payment Service Providers for payments. We currently use Stripe, Inc. as our Third Party Payment Service Provider. By clicking on any Third Party Payment Service Provider’s link available on the Website, you acknowledge that you are no longer using our Services and that our Terms and Conditions, Privacy Policy, or any other documents provided by Quantifly are no longer applicable. At the same time, by using the Third Party Payment Service Providers’ services, you agree to be bound by all of the Third Party Payment Service Providers’ documents, including, but not limited to, the terms and conditions, the service agreement, the privacy policy, and other Stripe, Inc. documents, which are available at: https://stripe.com.
By using the Third Party Payment Service Providers’ services you consent and authorise Quantifly and Stripe to share any information or payment instructions that you provide to us or the Third Party Payment Service Providers to the minimum extent necessary to pay for and complete your transactions.
Quantifly shall not be liable for any payments, transactions or other operations you make with any Third Party Payment Service Provider. You agree and acknowledge that Quantifly's liability for such actions is excluded and you will defend Quantifly against any such claims.
We will do our best to notify you when you leave our Website or when you begin using any service or products offered by Third Party Payment Service Providers, but we may not always do so and may not always be able to do so due to the functionality and usability of our Website and Services. Quantifly shall not be liable for any such failure to the fullest extent permitted by applicable law.
7.2. General
The Client agrees that payments made for Quantifly's services are non-refundable unless the Client and Quantifly agree to a satisfaction guarantee. In the event that a satisfaction guarantee has been agreed and the Client chooses to take advantage of it, the Client will get a refund of any payments already made.
By paying the advance payment, the Client may secure a time slot for Services for several months in advance at the reduced prices. Advance payment is irrevocable and final and is non-refundable.
The Client and Quantifly may also agree to an instalment payment, the terms of which shall be subject to each individual offer.
To the fullest extent permitted by applicable law, we do not warrant or assume any liability for any disputes, chargebacks, charges, late payments, insufficient funds, expired cards, circumstances of force majeure beyond our control (including without limitation power failures, interruptions of Quantifly or Third Party Payment Service Providers or otherwise) or other issues relating to transactions made through the applicable Third Party Payment Service Providers.
8. Access to services
Access to the Services is provided to the Clients who reach an agreement with Quantifly for the specific Service or a subscription package at a presentation meeting or via the Platform and accept the prepared Quantifly offer. The meeting can be arranged by Clients on the Website or on the Platform.
When ordering Services, the Client will need to disclose some Personal Data, such as: name, email address and information about the organisation the contact person represents, such as the company name and the names of employees to be included in the Services. By placing an order, the Client guarantees that it has provided accurate and complete information and that it has all the necessary authorisations and consents to provide the Personal Data of the Participants.
In the event of any change to this information, the Client undertakes to notify Quantifly of the change immediately.
The Client can access the Services online using any compatible device that is web-enabled and has the appropriate hardware and software installed to support the use of the Services.
Quantifly reserves the right, at any time and at its sole discretion, to deny the Client the ability to order the Services or to suspend any operation until it has reviewed the information the Client provided.
9. Statement on privacy
By submitting Personal Data through our website or otherwise, you agree to our Privacy Policy (available at the following link: www.quantifly.net/legal/privacy-policy-and-cookie-policy) and consent to the access, collection, use and disclosure of this information in the manner described in the Privacy Policy.
For information on how we collect, use, store and disclose some of your personal information, please read our Privacy Policy. You are aware that the Privacy Policy is an integral part of these Terms and Conditions. By using our Website and the Services, you agree to have read, understood and accepted the terms of the Privacy Policy.
10. Communication
By ordering the Services, you agree to receive emails from us. You agree that the notices and other emails we send you will comply with all legal requirements regarding communications, including the requirement that communication be in writing. We encourage you to save an electronic copy or print a physical copy of the electronic communications you receive from us.
You may also receive promotional emails from us, such as special offers, surveys, and other information we believe may be of interest to you. You can unsubscribe from such emails at any time.
11. Guarantees of clients and participants
Clients and Participants guarantee and warrant that:
- they have the appropriate authority to use the Services on behalf of the employer or other organisation they represent;
- they will not use the Services or Platform for any illegal or other purpose that encourages criminal, fraudulent or other illegal activities;
- they will not intentionally disrupt the Services, PLatform and Website;
- they will not violate these Terms and Conditions or the instructions and policies related to the use of the Services;
- they will not interfere with or attempt to interfere with the use of the Services or the Platform by any other Client;
- they will not use the Services to send or distribute viruses, trojan horses, worms, corrupted files, or any other similar software that may damage the operation of a foreign computer or property;
- they will not use the Services or the Platform maliciously - that is intentionally restricting or disabling Services, the Platform or Website;
- they will not use the Services or the Website to share or publish content that does not comply with applicable law or general morality or is contrary to the law, their internal rules, or our Terms and Conditions;
- they will not attempt to modify the Services, the Platform or the Website, copy the content or otherwise infringe the intellectual property rights of Quantifly or third parties through the Services;
- they will not share derivative content the sharing of which would infringe the material or moral copyright of third parties;
- they will not copy, modify, transform, replicate, or otherwise interfere with the source code of the Services or the Platform.
12. Covenants of the client
The Client agrees to use the Services in accordance with these Terms and Conditions and Quantifly's instructions.
The Client represents and agrees that they are solely responsible for:
- their use of the Services;
- compliance with the terms of use of the Services, including the provisions of these Terms and Conditions;
- payment of the cost of Services and other fees for ordered and performed Services in accordance with each offer they have accepted;
- ensuring appropriate technical conditions for the operation of the Services and the smooth operation of the hardware, software, IT system and networks whose operation may affect its operation, including regular updates and upgrades of technical, hardware and software to meet the needs of the Services in accordance with Quantifly's recommendations;
- notifying Quantifly of any disruption to the Services.
13. Liability of the client
The Client accept liability and undertake to indemnify and hold harmless Quantifly, Quantifly's employees and officers, agents, affiliates, and third parties performing services on behalf of Quantifly, aa well as business partners of Quantifly from and against any damages, costs, and legal or administrative actions, including court and attorneys' fees, arising out of the Client's violation of the Terms and Conditions or the rights of any third party.
Quantifly reserves the right, which it may exercise at its discretion, to conduct its own defence in any matter subject to this article. In such an event, the Client undertakes to cooperate with Quantifly in establishing any defence.
14. Links to third party sites
The Services may also provide Clients and Participants with access to third-party websites as well as product and service offerings.
We are not responsible for your conduct and actions on these third party platforms and websites. The latter have their own terms and conditions and privacy policy, so these Terms and Conditions and our Privacy Policy do not apply to them. Accordingly, we encourage you to read their terms and conditions and privacy policy carefully before using their services or ordering their products or providing your Personal Data to them.
15. Intellectual property
Quantifly's name, Quantifly Implement, Quantifly Pulse, Quantifly ME, Quantifly Insight, trademarks, logos and any other Quantifly product including reports made as part of the Services, as well as service names or slogans included in the Services are the property of Quantifly and may not be copied, imitated or used (in in whole or in part) without our prior written consent. The appearance and feel of our Website, including custom graphics, button icons, trademarks or works of art, are the sole property of Quantifly and may not be copied, imitated or used (in whole or in part) without our prior written consent. All other third party trademarks on the Website are the property of their respective owners, and the use of such Third Party Trademarks is for the benefit of each owner. The use of such third party trademarks is for interoperability purposes only and does not imply any affiliation of Quantifly and its licensors with such companies or any endorsement or approval of such companies or its licensors or their respective products or services.
16. Client content
The Client and Participants agree that all transferable rights in any content created by the Client or Participants in the course of using the Services shall be transferred to Quantifly. They also agree to grant Quantifly an unrestricted, exclusive and royalty-free right in all non-transferable rights to use, copy, store, publish, create derivative works from, and modify any Client Content, for the purpose of providing the Services and otherwise to operate, improve and maintain the Services. Client Content may be disclosed and retained by Quantifly solely for the purpose of providing the Service in accordance with these Terms and Conditions and applicable law.
17. Feedback
With these Terms and Conditions, you agree to grant Quantifly an unrestricted, non-exclusive and royalty-free right to use any suggestions, comments, ratings or other feedback you provide to us in connection with our Services for the purposes of publicity, commercial use and analytics. It is also in our sole discretion to disclose such feedback to third parties on a non-confidential or confidential basis.
18. Handling of personal data and confidential information
Quantifly expressly undertakes to protect the Personal Data and information disclosed to it by the Client or Participant and to prevent access to this information to third parties, except when requested by an authorised state body or by obtaining the express authorisation of the Client or Participant.
Quantifly employees, contractors and third parties who become aware of confidential information are also obliged to protect the confidentiality of the information.
Quantifly is obligated to enter into written non-disclosure agreements that will protect confidential information and Personal Data at least as well as it is protected by these Terms and Conditions before disclosing Personal Data and confidential information to persons who become aware of it.
Quantifly shall not use, disclose, copy or in any other way reproduce or publish Personal Data and confidential information for its own or anyone else's benefit without the written permission of the Client and the Participants.
Quantifly shall prevent third parties, contractors or its own employees from using, disclosing, copying or in any other way reproducing or publishing Personal Data and confidential information.
In the event of termination of business cooperation or withdrawal from business agreements or negotiations, Quantifly shall be obliged to return all materialised documentation to the Client without delay and at the latest within three days of receipt of a written request from the Client.
Quantifly further undertakes that it shall not use confidential information and Personal Data for the purpose of obtaining any personal benefit for itself or for third parties, except for the purposes set out in these Terms and Conditions.
19. Declaration of warranties and limitation of Quantifly's liability
At Quantifly, we do our best to provide the best experience of our Services. However, there are some things we cannot guarantee.
BY AGREEING TO OUR TERMS AND CONDITIONS, YOU EXPRESSLY ACKNOWLEDGE THAT ACCESS TO OUR SERVICES IS AT YOUR OWN RISK, AND THAT WE PROVIDE OUR SERVICES AND THE PLATFORM "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO EXPRESS WARRANTIES AND CANNOT BE RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS, LEGALITY OR RELIABILITY OF OUR SERVICES AND THE PLATFORM, NOR SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT THROUGH OUR WEBSITE.
WE SHALL NOT BE LIABLE FOR ANY LOSS OF ANY KIND INCURRED AS A RESULT OF ACCESSING OUR SERVICES OR THE PLATFORM. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
QUANTIFLY DOES NOT WARRANT: THAT THE SERVICES OR THE PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE RESULTS YOU MAY OBTAIN FROM ACCESSING OUR SERVICES OR THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANYTHING YOU OBTAIN FROM OUR SERVICES WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CAUSAL DAMAGES THAT YOU MAY SUFFER, INCLUDING DIRECT OR INDIRECT LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, PRODUCTS OR SERVICES, DIMINUTION IN VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
QUANTIFLY SHALL NOT BE LIABLE FOR ANY CHANGES, UPGRADES OR FAILURE TO DEVELOP OR OFFER ACCESS TO THE SERVICES.
QUANTIFLY SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR TO THE DEVICE WITH WHICH YOU ACCESS THE SERVICES IN CONNECTION WITH YOUR USE OF THE SERVICES, OR ANY OF ITS FUNCTIONALITY.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE AVAILABLE TO YOU ACCESS TO OUR SERVICES AND THE TERMS AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND ARE AN ESSENTIAL BASIS FOR ENTERING INTO A CONTRACT BETWEEN US AND YOU.
THE LAWS OF SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO ALL CLIENTS. DEPENDING ON THE LAW, SOME CLIENTS MAY HAVE ADDITIONAL RIGHTS.
20. Force majeure
Quantifly shall not be liable for any failure to take any action or perform any duty or obligation related to these Terms and Conditions if and to the extent that such failure is caused by events beyond Quantifly's reasonable control or Force Majeure. These events of Force Majeure include any provision of any present or future law, regulation, order or action; acts of war, hostilities, terrorism, riots and other civil commotions; natural disasters such as flood, fire, earthquake, tsunami or explosion, as well as epidemics or pandemics; strikes, work stoppages or other industrial disturbances; any attack or intrusion into, or denial of service, or any other attack on, the software, networks and infrastructure that enable us to provide our Services.
In the event of a Force Majeure event, we will use reasonable endeavours, in accordance with accepted practice, to notify you promptly of such an event and to attempt to resume our work as soon as reasonably practicable in the circumstances. We will also endeavour to minimise the effects of such Force Majeure events.
21. Transfer of rights and obligations
You may not assign your rights and obligations under these Terms and Conditions to any third party without Quantifly's written consent. Quantifly may assign its rights and obligations under these Terms and Conditions, in whole or in part, to a third party without the prior consent of the Client.
The third party to whom the Client’s specific rights or obligations are transferred shall be bound by these Terms and Conditions.
Quantifly may unilaterally transfer its rights and obligations under these Terms and Conditions to its contractual partners or affiliated companies.
22. Validity of terms and interpretation
The Terms and Conditions are supplemented by the legal order of the Republic of Slovenia. The Client and the Participants agree to resolve any dispute with Quantifly in connection to these Terms and Conditions or our Services amicably, provided that if no agreement is possible, the final decision in the dispute shall be within the exclusive jurisdiction of the competent court in Ljubljana.
If any provision of these Terms and Conditions is found to be either inconsistent with the law or otherwise unenforceable, such a provision shall be replaced by a valid and enforceable provision that is closest in effect to the intent of the parties. The remaining provisions of the Terms and Conditions shall continue to apply in such cases.
23. Questions
If you have any questions regarding the use of our Services, please contact us at:
Quantifly, a company for the development of web-based solutions for human resources management, Ltd
Ulica Ambrožiča Novljana 5
1000 Ljubljana
