QVASA

TERMS OF USE

Last Updated: March 6, 2024


These Terms of Use (these "Terms") are a legally binding agreement between the party accepting these Terms as set forth in this paragraph ("you") and Qvasa Inc. ("Qvasa") and applies to your access and use of Qvasa's web application and related services (collectively, the "Services"). PLEASE READ THESE TERMS CAREFULLY. WHEN YOU CLICK "INSTALL," INSTALL THE APPLICATION THROUGH THE ZENDESK APP MARKETPLACE, OR OTHERWISE ACCESS OR USE THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

BY AGREEING TO THESE TERMS, EXCEPT FOR (A) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 11, (B) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 11, OR (C) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND QVASA WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.

These Terms apply to users who access or use the free, generally-accessible version of the Services. You may access or use a paid version of the Services (the "Paid Services") by entering into an order form or other written documentation with Qvasa (an "Order Form"). If you enter into an Order Form, the terms, conditions, guidelines, policies, or rules included in or incorporated by reference into such Order Form ("Supplemental Terms") will govern your access and use of the Services. Such Supplemental Terms become part of your agreement with Qvasa if you use the Paid Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

Qvasa may make changes to these Terms. If Qvasa makes changes, Qvasa may provide you with notice of such changes, such as by sending an email, providing a notice through the Services, or otherwise. Unless Qvasa says otherwise in its notice, the amended Terms will be effective immediately, and your continued use of the Services after Qvasa provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using the Services. Any changes to these Terms will not apply to any dispute between you and Qvasa arising prior to the date on which Qvasa posted the updated Terms incorporating such changes or otherwise notified you of such changes.