Terms of Service

1. Acceptance of Terms

By accessing, downloading, installing, purchasing, licensing, or using the Quima Control software, website, documentation, updates, patches, modules, plugins, builder tools, server components, client components, or any associated services (collectively, the "Software" or "Service"), you ("User," "You," or "Your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms," "TOS," or "Agreement").

These Terms supplement the Quima suite master Terms of Service and master Privacy Policy. If these product-specific Terms conflict with the master Terms for Quima Control, these Terms control for your use of Quima Control.

If you do not agree to all of these Terms in their entirety, you must immediately cease all use of the Software and Service, uninstall any installed components, destroy all copies in your possession, and refrain from accessing any Quima Control resources.

Your continued use of the Software after any modification to these Terms constitutes your acceptance of such modifications. It is your responsibility to review these Terms periodically for changes.

These Terms constitute a legally binding agreement between you and Quima Control ("Company," "We," "Us," or "Our"). By using the Software, you represent and warrant that you have the legal capacity and authority to enter into this Agreement.

2. Definitions

For the purposes of this Agreement, the following definitions shall apply:

• "Software" refers to the Quima Control application in its entirety, including but not limited to: the server application, client/agent binaries, builder tool, all modules and plugins, configuration files, documentation, updates, patches, hotfixes, supplemental software, and any derivative works provided by the Company.
• "Service" refers to any online services, support, license management, authentication systems, update delivery mechanisms, and website services provided by the Company in connection with the Software.
• "User" refers to any individual, entity, organization, or representative who accesses, downloads, installs, purchases, licenses, or uses the Software or Service.
• "License" refers to the limited, non-exclusive, non-transferable, revocable right to use the Software as granted under these Terms.
• "Authorized Device" refers to a computer, server, virtual machine, or other computing device that is legally owned, leased, or operated by the User, or for which the User has obtained explicit, documented, informed consent from the device owner to install and operate the Software.
• "Authorized Network" refers to a network that is legally owned, managed, or operated by the User, or for which the User has obtained explicit, documented authorization to conduct monitoring, administration, or testing activities.
• "Consent" refers to explicit, informed, voluntary, documented permission obtained from the owner or authorized operator of a device or network prior to any installation, deployment, monitoring, or administration activity using the Software.
• "Minor" refers to any individual under the age of 18, or under the age of legal majority in their jurisdiction, whichever is higher.
• "Parent/Guardian" refers to a biological parent, legal adoptive parent, or court-appointed legal guardian with custodial authority over a Minor.
• "Educational Institution" refers to any accredited school, university, college, vocational institute, research laboratory, or other recognized educational or academic organization.
• "Penetration Testing" refers to authorized security testing conducted with explicit written permission from the system owner, in accordance with applicable laws and industry standards.
• "HWID" refers to Hardware Identification, a unique identifier derived from the User's hardware components used for license binding and anti-piracy purposes.

3. Purpose & Intended Use

Quima Control is developed, marketed, and distributed exclusively for the following legitimate purposes:

3.1 Educational & Academic Purpose

The Software is primarily designed as an educational tool for cybersecurity students, researchers, instructors, and professionals to study remote administration techniques, network security concepts, client-server architectures, protocol design, encryption mechanisms, and system administration methodologies in controlled, authorized environments.

3.2 Parental Monitoring & Child Safety

The Software provides functionalities that enable parents and legal guardians to monitor and protect their minor children's digital activities on family-owned devices. This includes monitoring screen activity, application usage, web browsing patterns, keystroke logging for child safety purposes, file access monitoring, and location tracking — all in accordance with applicable parental monitoring laws and regulations.

3.3 System Administration & IT Management

The Software enables authorized IT administrators to remotely manage, monitor, troubleshoot, and maintain computer systems, networks, and infrastructure within their authorized scope of operation.

3.4 Authorized Security Testing

The Software may be used for authorized penetration testing, vulnerability assessment, red team exercises, and security auditing activities conducted with explicit written permission from the system/network owner.

3.5 Personal Device Management

Users may use the Software to remotely access and manage their own personal devices for convenience, data backup, remote troubleshooting, and administration purposes.

3.7 Experimental Software Nature

The Quima suite is an experimental security research and education platform. It is designed and intended exclusively for controlled research environments, authorized security testing, educational study, and professional red team operations. It is NOT designed, intended, or suitable for use in production environments, on live third-party systems without authorization, or for any purpose outside of cybersecurity education and authorized professional engagements. By using the Software, you expressly acknowledge and accept its experimental nature.

4. Eligibility & Account Requirements

4.1 Age Requirement

You must be at least 18 years of age (or the age of legal majority in your jurisdiction, whichever is higher) to purchase, license, or use the Software. By using the Software, you represent and warrant that you meet this age requirement.

4.2 Legal Capacity

You represent and warrant that you have the legal capacity, authority, and right to enter into this Agreement and to use the Software in accordance with these Terms. If you are using the Software on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4.3 Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials, license keys, HWID bindings, and any other authentication information. You must immediately notify us of any unauthorized use of your account or any breach of security. We are not liable for any loss or damage arising from your failure to protect your account information.

4.4 Accurate Information

You agree to provide accurate, current, and complete information during the registration and purchase process and to update such information as necessary to maintain its accuracy. Providing false, misleading, or fraudulent information constitutes a material breach of these Terms.

4.5 One Account Per User

Each license is bound to a single user account and HWID. Sharing, transferring, reselling, sublicensing, or distributing license keys or account credentials is strictly prohibited and will result in immediate termination.

5. License Grant & Restrictions

5.1 License Grant

Subject to your compliance with these Terms and payment of all applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on your Authorized Devices for the duration of your subscription period, solely for the purposes outlined in Section 3.

5.2 License Restrictions

You shall NOT, and shall not permit any third party to:

• Copy, reproduce, duplicate, distribute, publish, or disseminate the Software or any component thereof, except as expressly permitted herein;
• Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software;
• Remove, alter, obscure, or tamper with any copyright notices, trademarks, proprietary legends, serial numbers, license keys, or digital watermarks contained in or on the Software;
• Sell, resell, rent, lease, lend, sublicense, assign, transfer, pledge, or otherwise dispose of the Software or any rights therein;
• Use the Software to develop any competing product or service;
• Use the Software in any manner that exceeds the scope of the license granted herein;
• Circumvent, disable, or interfere with any license management, authentication, HWID verification, or copy protection mechanisms;
• Use automated tools, scripts, bots, or other means to circumvent usage limitations;
• Share, post, upload, or otherwise distribute license keys, cracked versions, patches, or any mechanism designed to bypass licensing;
• Use the Software in production environments if licensed for educational/testing purposes only.

5.3 Reservation of Rights

All rights not expressly granted herein are reserved by the Company. The Software is licensed, not sold. No title or ownership of the Software or any intellectual property rights therein is transferred to you.

6. Permitted Use Cases

The following are explicitly permitted use cases, provided all other conditions of these Terms are met:

6.1 Personal Device Administration

Installing and operating the Software on devices you personally own for the purpose of remote access, file management, system monitoring, and administration.

6.2 Parental Monitoring

Parents or legal guardians installing the Software on devices owned by the family or provided to their minor children, for the purpose of monitoring and ensuring the child's safety and well-being, in compliance with applicable parental monitoring laws in their jurisdiction.

6.3 Employer-Owned Device Management

Authorized IT administrators installing the Software on employer-owned devices with proper corporate authorization and employee notification as required by applicable employment and privacy laws.

6.4 Educational Laboratory Use

Installing and using the Software in controlled laboratory environments at Educational Institutions for teaching cybersecurity concepts, network administration, and related subjects, under proper academic supervision.

6.5 Authorized Penetration Testing

Using the Software as part of an authorized penetration test or red team exercise, conducted under a valid, written scope-of-work agreement that explicitly authorizes the use of remote administration tools on specified target systems.

6.6 Security Research

Using the Software for bona fide security research purposes on systems you own or have explicit written authorization to test, with the intent of identifying vulnerabilities and improving security posture.

7. Prohibited Activities

The following activities are strictly prohibited and constitute a material breach of these Terms. Engaging in any of the following will result in immediate license termination, permanent ban, forfeiture of all fees paid, and may result in reporting to law enforcement authorities:

7.1 Unauthorized Access

• Installing, deploying, or operating the Software on any device, system, or network without the explicit, informed, documented consent of the device/system owner;
• Using the Software to gain unauthorized access to any computer system, network, account, data, or resource;
• Using the Software to intercept, monitor, capture, or record any communications, data, or activities of any person without their knowledge and explicit consent (except as permitted under Section 6.2 for parental monitoring of minors);
• Deploying the Software through deceptive means, including but not limited to: bundling with other software without disclosure, disguising as legitimate software, social engineering, phishing, or any form of trickery.

7.2 Criminal Activities

• Using the Software for any purpose that violates any applicable local, state, national, or international law, regulation, or ordinance;
• Using the Software for espionage, stalking, harassment, intimidation, blackmail, extortion, or any form of abuse;
• Using the Software to steal, exfiltrate, or misappropriate personal data, financial information, trade secrets, intellectual property, or any other confidential information;
• Using the Software to conduct or facilitate distributed denial-of-service (DDoS) attacks, spam campaigns, cryptocurrency mining on unauthorized systems, ransomware deployment, or any other form of cyberattack;
• Using the Software to interfere with, disrupt, or damage any computer system, network, service, or infrastructure;
• Using the Software against critical infrastructure, government systems, healthcare systems, financial institutions, or educational institutions without proper authorization;
• Using the Software in any manner that targets, exploits, or endangers minors (except as permitted under Section 6.2).

7.3 Distribution & Proliferation

• Sharing, distributing, uploading, or making the Software available to any unauthorized third party;
• Publishing, posting, or sharing built client binaries, payloads, or agents on any public platform, forum, marketplace, or file-sharing service;
• Creating, distributing, or selling "cracked," modified, or patched versions of the Software;
• Using the Software as a component in the development of malware, ransomware, spyware, trojans, or any other malicious software;
• Providing the Software or access thereto to any individual or entity on any government sanctions list or restricted parties list.

7.4 Anti-Competitive Activities

• Using the Software to develop, build, train, or improve any competing product or service;
• Benchmarking the Software for comparative analysis with competing products without prior written consent;
• Scraping, crawling, or systematically collecting information from the Software or Service for competitive intelligence.

8. User Obligations & Responsibilities

8.1 Compliance Obligation

You are solely and exclusively responsible for ensuring that your use of the Software complies with all applicable laws, regulations, ordinances, and legal requirements in your jurisdiction, including but not limited to:

• Computer fraud and abuse laws (e.g., CFAA in the United States, Computer Misuse Act in the United Kingdom);
• Privacy and data protection laws (e.g., GDPR, CCPA, LGPD, PIPEDA, POPIA);
• Wiretapping and electronic surveillance laws (e.g., Wiretap Act, ECPA);
• Employment and labor laws regarding employee monitoring;
• Parental monitoring and children's privacy laws (e.g., COPPA);
• Export control and sanctions regulations;
• Any other applicable industry-specific regulations.

8.2 Consent Documentation

You must obtain, document, and retain written consent from all device owners and/or authorized operators before installing or deploying the Software on any device. You agree to maintain such consent documentation for the duration of your use of the Software and for a minimum period of three (3) years thereafter. You must produce such documentation upon request by the Company or any authorized legal authority.

8.3 Notification Requirements

Where required by applicable law, you must provide clear and conspicuous notice to all individuals whose devices or activities may be monitored using the Software. Such notice must clearly describe the nature and extent of monitoring activities.

8.4 Security Obligations

You are responsible for implementing appropriate security measures to prevent unauthorized access to or misuse of the Software, including but not limited to: securing your server installation, using strong passwords, enabling SSL/TLS encryption for all communications, keeping the Software updated, and restricting access to authorized personnel only.

8.5 Incident Reporting

You must immediately notify the Company if you become aware of any unauthorized use, security breach, or misuse of the Software, your license, or any related credentials.

8.6 Record Keeping

You agree to maintain accurate records of all deployments, installations, consent documents, and authorized use cases, and to make such records available for audit upon reasonable request by the Company.

9. Legal Compliance & Consent Requirements

9.1 Prior Consent Requirement

You MUST obtain explicit, informed, voluntary, written consent from the owner or authorized administrator of ANY device or network before installing, deploying, or operating ANY component of the Software thereon. "Informed consent" means the consenting party has been clearly told:

• What software is being installed;
• What capabilities the software has (monitoring, remote access, data collection, etc.);
• What data will be collected, transmitted, or stored;
• How long the software will remain active;
• How to request removal of the software;
• Who will have access to the collected data.

9.2 Exceptions to Written Consent

Written consent from the monitored individual is not required in the following limited circumstances, provided all other applicable laws are complied with:

• Personal devices: You are the sole owner of the device and no other person uses or has access to the device;
• Parental monitoring: You are the parent or legal guardian of a minor child and the device is owned by you or the family (subject to applicable parental monitoring laws);
• Court order: You have a valid court order or legal warrant authorizing the monitoring.

9.3 Jurisdictional Awareness

Laws regarding computer monitoring, surveillance, privacy, and remote access vary significantly between jurisdictions. Unauthorized access to accounts or systems without explicit target consent is strictly prohibited and unlawful. Such actions:

• Constitute a crime under the Turkish Penal Code Article 244 (Cybercrimes).
• Violate the CFAA (US), Computer Misuse Act (UK), and similar international cyber laws.

It is YOUR sole responsibility to understand and comply with the laws applicable in your jurisdiction AND the jurisdiction(s) of any monitored devices/individuals. The Company does not provide legal advice and strongly recommends consulting with a qualified attorney in your jurisdiction before deploying the Software.

10. Parental & Guardian Use

10.1 Intended Parental Use

The Software provides parental monitoring capabilities to help parents and legal guardians protect their minor children from online threats including but not limited to: cyberbullying, online predators, inappropriate content, excessive screen time, unauthorized app installation, and other digital dangers.

10.2 Parental Use Requirements

To use the Software for parental monitoring purposes, you must:

• Be the biological parent, legal adoptive parent, or court-appointed legal guardian of the minor being monitored;
• Have legal custodial authority over the minor;
• Own or have legal control over the device on which the Software is installed;
• Use the Software solely for the purpose of ensuring the safety, well-being, and protection of the minor;
• Comply with all applicable laws regarding parental monitoring in your jurisdiction;
• Consider the age and maturity of the child when determining the extent of monitoring;
• Use collected data solely for parental guidance and child protection purposes.

10.3 Age-Appropriate Monitoring

We strongly recommend that parents consider the age, maturity, and privacy expectations of their children when configuring monitoring parameters. As children mature, parents should progressively adjust monitoring levels and engage in open dialogue about digital safety.

10.4 Data Protection for Minors

Data collected through parental monitoring must be handled with the utmost care and in compliance with all applicable children's privacy laws (including COPPA where applicable). Parents must not share, publish, distribute, or otherwise disclose monitoring data collected from their children's devices with unauthorized third parties.

10.5 Limitations

The parental monitoring features are intended ONLY for monitoring minor children. Using these features to monitor adult family members, spouses, partners, roommates, or any other adult individual without their explicit consent is strictly prohibited and may constitute a criminal offense.

11. Educational & Research Use

11.1 Educational Purpose

The Software is designed as a comprehensive educational platform for studying cybersecurity concepts including but not limited to: remote administration techniques, client-server architecture, network protocols, encryption and cryptography, binary building and compilation, obfuscation techniques, system internals, and defensive security measures.

11.2 Controlled Environments

All educational and research use MUST be conducted in controlled, isolated environments such as:

• Isolated virtual machines or virtual networks;
• Air-gapped laboratory networks;
• Dedicated cybersecurity training ranges;
• Sandboxed environments with no access to production systems or the public internet;
• Devices personally owned by the researcher/student.

11.3 Academic Supervision

When used in academic settings, use of the Software should be supervised by a qualified instructor, professor, or security professional who is responsible for ensuring compliance with these Terms, applicable laws, and institutional policies.

11.4 Research Publication

If research conducted using the Software is published, the researcher must practice responsible disclosure and must not include information that could enable unauthorized use or attacks against third-party systems.

11.5 No Real-World Deployment

Software learned about or studied through educational use MUST NOT be deployed against real-world systems, networks, or individuals without separate, explicit authorization as outlined in Section 6.

12. Enterprise & Corporate Use

12.1 Corporate Authorization

Organizations using the Software for IT administration or security purposes must ensure that use is authorized by appropriate management and complies with all internal policies, employment contracts, and applicable labor/privacy laws.

12.2 Employee Notification

Where required by applicable law, organizations must notify employees about the installation and use of monitoring software on company-owned devices and clearly define the scope and purpose of monitoring in company policies or employment agreements.

12.3 Data Minimization

Corporate users should follow data minimization principles, collecting only the data necessary for the stated administrative or security purpose, and retaining such data only for as long as necessary.

13. Intellectual Property

13.1 Ownership

The Software, including all source code, object code, algorithms, architectures, designs, documentation, user interfaces, graphics, logos, trademarks, trade names, and all related intellectual property rights, are and shall remain the exclusive property of the Company and its licensors. Nothing in these Terms grants you any ownership interest in any intellectual property of the Company.

13.2 Trademarks

"Quima Control," the Quima Control logo, and all related names, logos, product and service names, designs, and slogans are trademarks or trade dress of the Company. You must not use such marks without the prior written permission of the Company.

13.3 Feedback

Any feedback, suggestions, ideas, or recommendations you provide regarding the Software shall become the exclusive property of the Company, and the Company shall be free to use such feedback without restriction or compensation to you.

13.4 Copyright Protection

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution of the Software, or any portion thereof, may result in severe civil and criminal penalties.

14. Payment, Licensing & Refunds

14.1 License Fees

Access to the Software requires payment of applicable license fees as listed on our website. All fees are quoted in US Dollars (USD) unless otherwise specified. Prices are subject to change without prior notice, though changes will not affect existing active subscriptions.

14.2 Payment Processing

All payments are processed through third-party payment processors. The Company does not directly store or process credit card or payment information. You agree to the terms and conditions of the applicable payment processor.

Purchasing requires a valid, accessible email address. Licenses obtained using fake, temporary, or inaccessible email addresses will be cancelled and permanently revoked upon detection without refund.

14.3 No Refund Policy

Due to the digital nature of the Software and the immediate delivery of license keys upon purchase, all sales are final and non-refundable. By completing a purchase, you acknowledge and agree that you waive any right to a refund, chargeback, or payment reversal. Initiating a fraudulent chargeback will result in immediate license termination and may result in legal action.

14.4 Exceptions

Refunds may be considered at the Company's sole discretion in cases of:

• Duplicate charges due to payment processing errors;
• Failure to deliver the license key due to a system error on the Company's part;
• Material defects that render the Software completely unusable and that the Company is unable to resolve within 30 days of notification.

14.5 Tax Responsibility

You are responsible for all applicable taxes, duties, and levies imposed by your jurisdiction in connection with your purchase and use of the Software.

15. Subscription & License Management

15.1 Subscription Periods

Licenses are available in the following subscription periods: 3-month, 6-month, and 12-month. Each license is bound to a single HWID and cannot be transferred between devices without prior authorization from the Company.

15.2 Expiration

Upon expiration of a subscription period, your license to use the Software terminates automatically unless renewed. Upon expiration, you must cease all use of the Software and uninstall all components.

15.3 HWID Binding

Each license is bound to a unique Hardware Identification (HWID). Hardware changes that affect the HWID may require re-authentication. The Company provides a limited number of HWID resets per subscription period at its discretion. Excessive HWID reset requests may indicate license sharing and will be investigated.

16. Service Availability & Modifications

16.1 Availability

The Company endeavors to provide reliable service but does not guarantee uninterrupted, error-free, or continuous availability of the Software or Service. Service may be interrupted for maintenance, updates, security patches, or due to circumstances beyond the Company's control.

16.2 Modifications

The Company reserves the right to modify, update, enhance, reduce, or discontinue any feature, module, or component of the Software at any time, with or without notice. Such modifications may include adding new features, removing existing features, changing system requirements, or modifying the user interface.

16.3 Updates

The Company may release updates, patches, or new versions at its discretion. Some updates may be mandatory for continued operation. By using the Software, you consent to the installation of such updates.

17. Data Handling & Security

17.1 Server-Side Data

The Quima Control server application runs on YOUR infrastructure. The Company does not host, operate, or have access to your server instance. All data collected, transmitted, stored, or processed through your server installation is under YOUR exclusive control and responsibility.

17.2 Company Data Collection

The Company's data collection is limited to: license authentication data (HWID, license key, authentication tokens), basic usage telemetry (product version, OS type), and purchase/account information. See our Privacy Policy for complete details.

17.3 Your Data Responsibility

You are solely responsible for the security, handling, storage, and disposal of any data collected or processed through your use of the Software. You must implement appropriate technical and organizational security measures to protect such data in accordance with applicable data protection laws.

17.4 No Company Liability for User Data

The Company has no access to, control over, or responsibility for any data collected, transmitted, or stored through your server installation. The Company shall not be liable for any data breach, data loss, or unauthorized access involving data under your control.

18. Third-Party Components

The Software may include or depend upon third-party libraries, frameworks, and components (including but not limited to: Netty, GSON, BouncyCastle, JNA, JavaFX, OpenJDK, Launch4j, and others). These components are subject to their own respective licenses and terms. The Company makes no warranty regarding third-party components and assumes no liability for their functionality, security, or compatibility.

You acknowledge that the Company is not responsible for the availability, functionality, or security of any third-party services, APIs, or platforms with which the Software may interact.

19. Disclaimer of Warranties

20. Limitation of Liability

21. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, partners, suppliers, licensors, and affiliates from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use or misuse of the Software or Service;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right;
• Your failure to obtain required consents or authorizations;
• Any data collected, processed, stored, or transmitted through your use of the Software;
• Any claim by a third party arising from or related to your use of the Software;
• Any unauthorized, illegal, or improper deployment of the Software by you or any person using your license;
• Any content, data, or materials you transmit, store, or process using the Software;
• Any negligent or wrongful act or omission on your part.

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Software. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with the Company in asserting any available defenses.

22. Termination & Suspension

22.1 Termination by User

You may terminate this Agreement at any time by ceasing all use of the Software, uninstalling all components, and destroying all copies in your possession. No refund will be provided upon voluntary termination.

22.2 Termination by Company

The Company may immediately terminate or suspend your license and access to the Software, without prior notice or liability, for any reason, including but not limited to:

• Breach or suspected breach of any provision of these Terms;
• Suspected illegal, unauthorized, or unethical use of the Software;
• Failure to pay applicable license fees;
• Request or order by law enforcement or other government agency;
• Fraudulent activity, including chargeback fraud;
• Extended periods of inactivity;
• Discontinuation of the Software or Service;
• Any other reason at the Company's sole discretion.

22.3 Effect of Termination

Upon termination, all rights granted to you under these Terms shall immediately cease. You must immediately: (a) cease all use of the Software; (b) uninstall and remove all copies of the Software from all devices; (c) destroy any materials derived from the Software. Sections 7, 8, 13, 19, 20, 21, 23, and 24 shall survive termination.

22.4 No Refund Upon Termination

No refund of any fees paid shall be provided upon termination, regardless of the reason for termination, unless termination is due solely to a material breach by the Company.

23. Dispute Resolution & Arbitration

23.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy informally by contacting the Company. The parties shall make a good-faith effort to resolve the dispute through negotiation within thirty (30) days.

23.2 Binding Arbitration

If the dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Software shall be resolved through binding individual arbitration, rather than in court. The arbitration shall be conducted under the rules of a mutually agreed-upon arbitration institution.

23.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.

23.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

24. Governing Law & Jurisdiction

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is established, without regard to its conflict of law principles. You irrevocably consent to the exclusive jurisdiction and venue of the courts in that jurisdiction for any action arising out of or relating to these Terms.

25. Export Controls & Sanctions

The Software may be subject to export control laws and regulations. You agree to comply with all applicable export control and sanctions laws and regulations, including those of the United States, the European Union, and your local jurisdiction. You represent and warrant that you are not:

• Located in, or a national or resident of, any country subject to comprehensive sanctions;
• Listed on any government restricted parties, denied persons, or specially designated nationals list;
• An agent, representative, or affiliate of any of the foregoing.

You shall not directly or indirectly export, re-export, or transfer the Software to any prohibited destination, entity, or individual without the prior written approval of the appropriate government authorities.

26. Force Majeure

The Company shall not be liable for any failure or delay in performance of its obligations under these Terms resulting from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions, embargoes, sanctions, fire, flood, earthquake, power outages, internet disruptions, cyberattacks against the Company's infrastructure, or any other force majeure event.

27. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

28. Waiver

The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company. No single or partial exercise of any right or remedy shall preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy.

29. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

30. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by the Company in connection with the Software, constitute the entire agreement between you and the Company regarding the Software and Service, and supersede all prior and contemporaneous agreements, proposals, representations, warranties, and understandings, whether written or oral, relating to the subject matter hereof.

31. Amendments & Modifications

The Company reserves the right to modify, amend, or update these Terms at any time and at its sole discretion. Material changes will be communicated through the website, email, or in-application notification. Your continued use of the Software following the posting of revised Terms constitutes your acceptance of such revisions. If you do not agree to the revised Terms, your sole remedy is to discontinue use of the Software.

It is your responsibility to review these Terms periodically. The "Last Updated" date at the top of these Terms indicates when the most recent changes were made.

32. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, please contact us through the following channels:

• Telegram: @QuimaDEV
• Email: QuimaDEV@proton.me

For legal inquiries, please include "LEGAL" in the subject/title of your message to ensure prompt routing to the appropriate team.