Terms & Conditions
Our Terms and Conditions outline the rules and guidelines for using our services, ensuring a clear understanding
of your rights and responsibilities while accessing our platform and solutions.
LAST UPDATE: 01/01/2025
General terms Nearshore Growth Technologies US, LLC (hereinafter "QUALITARA," or "Company") is a company duly incorporated under the laws of the State of Florida, United States of America, offering personalized services to its users in the design and development of software. All the services offered by QUALITARA can be found at the following link qualitara.com
Parties and definition
The following shall be considered parties to these terms and conditions:
- QUALITARA: Nearshore Growth Technologies US, LLC legally incorporated and existing under the laws of Florida, with email address [email protected], dedicated to offering and providing software design, development, and consulting services.
- USER: Any person who accesses, uses, browses, or interacts with QUALITARA's Platform and/or Services, regardless of whether they have submitted a contact email or are registered on the Platform or not.
- PLATFORM: Refers to the website owned by QUALITARA, registered under the following address: qualitara.com
- SERVICES: Refers to the services offered by QUALITARA through the Platform, available at the following link.
- T&C: Means these terms and conditions.
Acceptance of these terms and conditions
In these T&C, when referring to the User, it includes, without limitation, any person who accesses, uses, installs and/or browses the Platform occasionally, frequently or in any way, and/or uses any of the Services, uses any information, tool, software or functionality of the Platform, including, without limitation, its contents and updates. Therefore, by accessing, acting, browsing and/or using the Platform and/or Services, the User agrees to be bound by and comply with these Terms and Conditions, regardless of whether the User acts as a visitor without registering or as a customer by registering or in any other way. Therefore, QUALITARA assumes that visitors and users of the Platform act in good faith, and by accessing, viewing, using any tool and/or application, or contracting any of QUALITARA's services, the User accepts these GTC. This acceptance is confirmed and expressly expressed by ticking the corresponding box of the "I accept the terms and conditions" option, by which the User expresses his free, explicit and informed consent to the contents of this document.
For this reason, prior to any access, action, navigation or use on or through the Platform or the Services, the User must carefully read all the Terms and Conditions and freely and voluntarily decide whether he/she agrees with them; if he/she does not agree with them or any part of them, the User should not use the Platform or the Services.
You declare that you are over 18 years of age, (i) that you have the legal capacity to contract, (ii) that you have a personal email address, and (iii) that you are the holder of the payment method used to contract QUALITARA's services.
General conditions
This document contains the general terms and conditions for access to and use of the Platform, as well as the related services (hereinafter referred to as the "Service" and/or "Services") offered and/or provided and/or operated by QUALITARA directly or through third parties.
The User acknowledges and agrees that these Terms and Conditions govern the relationship between the User and QUALITARA and constitute the only terms and conditions regarding the use of the QUALITARA website.
The user of the platform must read this document carefully before using any of the tools available on the website qualitara.com and/or requesting any of the Services offered by QUALITARA.
The parties agree that: (i) QUALITARA has the unilateral right to modify the Terms and Conditions at any time, at its sole discretion and without liability, in which case QUALITARA will publish the modifications made on the website qualitara.com for public access; (ii) the User is obligated to review these Terms and Conditions periodically to check for changes and each time they use the Platform's tools in order to know the conditions under which QUALITARA's actions and provision of services, as well as those of its employees, suppliers, contractors, subcontractors, subsidiaries and/or affiliates, are governed; and (iii) the User's continued use of the Platform after the publication of any changes to QUALITARA's Terms and Conditions shall imply the User's acceptance of such changes.
If any provision of these General Terms and Conditions is declared null and void or ineffective in whole or in part, such nullity or ineffectiveness shall only affect the provision or part thereof that is null and void or ineffective, while the remaining terms and conditions shall remain in full force and effect, and such provision or part thereof shall be deemed not to have been included.
The User acknowledges and agrees that these Terms and Conditions govern the relationship between the User and QUALITARA and constitute the only terms and conditions regarding the use of the QUALITARA website.
The user of the platform must read this document carefully before using any of the tools available on the website qualitara.com and/or requesting any of the Services offered by QUALITARA.
The parties agree that: (i) QUALITARA has the unilateral right to modify the Terms and Conditions at any time, at its sole discretion and without liability, in which case QUALITARA will publish the modifications made on the website qualitara.com for public access; (ii) the User is obligated to review these Terms and Conditions periodically to check for changes and each time they use the Platform's tools in order to know the conditions under which QUALITARA's actions and provision of services, as well as those of its employees, suppliers, contractors, subcontractors, subsidiaries and/or affiliates, are governed; and (iii) the User's continued use of the Platform after the publication of any changes to QUALITARA's Terms and Conditions shall imply the User's acceptance of such changes.
If any provision of these General Terms and Conditions is declared null and void or ineffective in whole or in part, such nullity or ineffectiveness shall only affect the provision or part thereof that is null and void or ineffective, while the remaining terms and conditions shall remain in full force and effect, and such provision or part thereof shall be deemed not to have been included.
Terms of use
General Rules: By accessing and/or registering on qualitara.com, the User affirms that all information provided is and will remain truthful, complete, and accurate at all times. The User further affirms that they are of legal age (18 years or older) and possess the necessary legal, financial, and economic capacity to contract the services offered by QUALITARA. Consequently, individuals under the age of 18 or those lacking full legal capacity are prohibited from using the Platform and should refrain from accessing its services. The User further affirms that they are of legal age (18 years or older) and possess the necessary legal, financial, and economic capacity to contract the services offered by QUALITARA. Consequently, individuals under the age of 18 or those lacking full legal capacity are prohibited from using the Platform and should refrain from accessing its services.
The User further affirms that they are of legal age (18 years or older) and possess the necessary legal, financial, and economic capacity to contract the services offered by QUALITARA. Consequently, individuals under the age of 18 or those lacking full legal capacity are prohibited from using the Platform and should refrain from accessing its services.
Disclaimer of Accuracy and Compatibility: QUALITARA has taken reasonable steps to ensure that the information contained in the Platform is accurate, complete and up to date and if at any time there is a typographical error, which is at all times beyond QUALITARA's control, QUALITARA will endeavor to correct such error as soon as QUALITARA becomes aware of it. However, no warranty, representation or assurance (express or implied) is given in this regard, nor is there any warranty that the Platform will be compatible with the User's hardware and software, will be free from defects and/or viruses, will be accessible without interruption and/or that the Platform or the information contained therein will meet the User's needs.
Offers: All prices, rates, promotions and offers presented on the Platform are subject to availability, change and validity and are at the sole discretion of QUALITARA. Restrictions and conditions apply to each published rate according to availability and other specifics of the offer.
Security rules: Security Rules: QUALITARA has taken reasonable steps to maintain the most current procedures for effective security systems. The User agrees not to violate or attempt to violate the security of the Platform and not to (i) access information, servers and/or accounts that are not intended and/or authorized for such User; (ii) test or attempt to test the vulnerability of security measures and/or the authenticity of any of the systems or networks through which the QUALITARA website operates; (iii) interfere or attempt to interfere with the services provided to any User, server or network, including, but not limited to, sending viruses using the Platform as a tool; and/or (iv) send unsolicited email, including promotions and/or advertising of products or services.
The User who fails to comply with the previous paragraph and violates the security of any system or network connected to the Platform shall be liable to repair the damage caused and assume all the consequences resulting from the execution of their own actions and/or those of third parties under their control, including possible related criminal actions. You further agree to defend, indemnify and hold harmless QUALITARA and its affiliates, directors, officers, shareholders, partners, consultants, attorneys, agents and employees from and against any and all claims, inspections, audits, taxes, fees, fines, penalties, surcharges, losses, liabilities, damages, injuries, costs or expenses (including attorney's fees and litigation expenses) arising out of, resulting from or in any way related to any investigation or the institution of any proceeding, claim or action of any nature related to the foregoing.
Prohibitions: QUALITARA prohibits the use of its website in any of the following ways:
Use any element, design, software or routine to interfere and/or attempt to interfere with the proper functioning of the Platform that is intended to modify the Website. Attempt to decipher, compile, reverse engineer and/or disassemble any software and/or system used to operate the Platform. Remove or alter any copyright, trademark or other proprietary notices.
The User further affirms that they are of legal age (18 years or older) and possess the necessary legal, financial, and economic capacity to contract the services offered by QUALITARA. Consequently, individuals under the age of 18 or those lacking full legal capacity are prohibited from using the Platform and should refrain from accessing its services.
Disclaimer of Accuracy and Compatibility: QUALITARA has taken reasonable steps to ensure that the information contained in the Platform is accurate, complete and up to date and if at any time there is a typographical error, which is at all times beyond QUALITARA's control, QUALITARA will endeavor to correct such error as soon as QUALITARA becomes aware of it. However, no warranty, representation or assurance (express or implied) is given in this regard, nor is there any warranty that the Platform will be compatible with the User's hardware and software, will be free from defects and/or viruses, will be accessible without interruption and/or that the Platform or the information contained therein will meet the User's needs.
Offers: All prices, rates, promotions and offers presented on the Platform are subject to availability, change and validity and are at the sole discretion of QUALITARA. Restrictions and conditions apply to each published rate according to availability and other specifics of the offer.
Security rules: Security Rules: QUALITARA has taken reasonable steps to maintain the most current procedures for effective security systems. The User agrees not to violate or attempt to violate the security of the Platform and not to (i) access information, servers and/or accounts that are not intended and/or authorized for such User; (ii) test or attempt to test the vulnerability of security measures and/or the authenticity of any of the systems or networks through which the QUALITARA website operates; (iii) interfere or attempt to interfere with the services provided to any User, server or network, including, but not limited to, sending viruses using the Platform as a tool; and/or (iv) send unsolicited email, including promotions and/or advertising of products or services.
The User who fails to comply with the previous paragraph and violates the security of any system or network connected to the Platform shall be liable to repair the damage caused and assume all the consequences resulting from the execution of their own actions and/or those of third parties under their control, including possible related criminal actions. You further agree to defend, indemnify and hold harmless QUALITARA and its affiliates, directors, officers, shareholders, partners, consultants, attorneys, agents and employees from and against any and all claims, inspections, audits, taxes, fees, fines, penalties, surcharges, losses, liabilities, damages, injuries, costs or expenses (including attorney's fees and litigation expenses) arising out of, resulting from or in any way related to any investigation or the institution of any proceeding, claim or action of any nature related to the foregoing.
Prohibitions: QUALITARA prohibits the use of its website in any of the following ways:
Use any element, design, software or routine to interfere and/or attempt to interfere with the proper functioning of the Platform that is intended to modify the Website. Attempt to decipher, compile, reverse engineer and/or disassemble any software and/or system used to operate the Platform. Remove or alter any copyright, trademark or other proprietary notices.
Intellectual property
All content, trademarks, logos, drawings, models, prototypes, photographs, text, graphics, images, logos, icons, software, source code, reports, compilations, price lists, know-how, web page addresses, including information generated by QUALITARA in accordance with these terms and conditions, and any other documentation, information and/or content susceptible to appropriation, available on the website qualitara.com and/or generated or used and contained in documents, electronic and/or magnetic media, related to the services provided by QUALITARA, are and shall remain the exclusive property of QUALITARA, its affiliates, subsidiaries, licensors and/or licensees, electronic and/or magnetic media, related to the services provided by QUALITARA, are and shall remain the sole and exclusive property of QUALITARA, its affiliates, subsidiaries, licensors and/or licensees, and are protected by intellectual property rights (copyright and industrial property), in whole or in part, according to the license agreements it has with other owners and the copyright or industrial property rights that apply to it.
Violation of the above rights will be prosecuted in accordance with current legislation. Therefore, it is prohibited the reproduction, exploitation, modification, distribution and/or public communication under any title or means of the entire content of the Platform for purposes other than legitimate information or contracting by users of the services offered. In any case, it requires the prior written consent of QUALITARA.
Trademarks, trade names and / or logos of any kind displayed through the Platform are and remain the sole and exclusive property of QUALITARA, its affiliates, subsidiaries, licensors and / or licensees, so the use of the Platform does not constitute authorization for the User to use such trademarks, trade names and logos without prior authorization.
Violation of the above rights will be prosecuted in accordance with current legislation. Therefore, it is prohibited the reproduction, exploitation, modification, distribution and/or public communication under any title or means of the entire content of the Platform for purposes other than legitimate information or contracting by users of the services offered. In any case, it requires the prior written consent of QUALITARA.
Trademarks, trade names and / or logos of any kind displayed through the Platform are and remain the sole and exclusive property of QUALITARA, its affiliates, subsidiaries, licensors and / or licensees, so the use of the Platform does not constitute authorization for the User to use such trademarks, trade names and logos without prior authorization.
User privacy
By using this Platform, you agree to our Privacy Policy, which explains how we collect, use, and share your information. You can review our Privacy Policy at this link.
Exclusions of warranties and liability
QUALITARA does not guarantee the availability and continuity of the Platform at any time. Consequently, QUALITARA shall in no event be liable for any loss or damage that may result from (i) the lack of availability or accessibility of the Platform; (ii) interruptions in the operation of the Platform or computer failures, disconnections, delays or blockages caused by defects or overloads in data centers, the Internet system or other electronic systems generated in the course of its operation; and (iii) other damage that may be caused by third parties through unauthorized intrusions beyond the control of QUALITARA.
QUALITARA does not guarantee the infallibility of the system or the Platform, or the absence of viruses or other elements in the Platform introduced by third parties outside QUALITARA that may cause alterations in the physical or logical systems of the User and/or electronic documents and files stored in their systems. Consequently, QUALITARA cannot guarantee that there will be no security breaches beyond its control, nor will QUALITARA be liable in any case for damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical and / or logical systems, electronic documents and / or files of the User.
QUALITARA adopts various protective measures to protect the Platform and the content against computer attacks by third parties. However, QUALITARA cannot guarantee that unauthorised third parties will not know the conditions, characteristics and circumstances in which the user accesses the website. As a result, QUALITARA shall in no case be liable for any damage that may result from such unauthorized access.
Notifications
QUALITARA may make the necessary notifications by means of a general notice on the Platform or by means of an e-mail sent from the QUALITARA e-mail address [email protected] to the e-mail address provided by the User when registering on the Platform.
The User expressly agrees to be notified via the email address registered with QUALITARA. In any case, any communication sent to this e-mail address shall be deemed to have been validly sent, and the User waives the right to request proof of receipt of the e-mail and/or the communication sent, and undertakes to carefully check that the e-mails do not fall into the spam folder or are not read, and not to use e-mails that are not regularly checked by the User.
Termination
QUALITARA may terminate these Terms and Conditions, User accounts and/or User's access to the Platform and the Services at any time, without prior notice and at its sole discretion.
Force Majeure
QUALITARA shall not be liable or be deemed in default for any delay and/or failure to perform its services and/or obligations hereunder and/or under any Contract due to Act of God or Force Majeure.
An Act of God or Force Majeure Event is defined as any circumstance beyond the reasonable control of QUALITARA or its suppliers, including but not limited to fire, flood, explosion, volcanic eruption, earthquake, hurricane, unusually severe weather, labour dispute or strike (whether legal or illegal), riot, insurrection, accident, shortage of materials or labour, internet failure or connection problems, transportation problems of any kind, industrial disputes, civil commotion, fuel shortage, work stoppages, (whether declared or undeclared), agreements, regulations, orders or requirements of any governmental or semi-governmental authority (whether or not such agreements, regulations, orders or requirements are declared invalid), embargoes, epidemics or pandemics of any kind (including COVID-19), terrorist threats, terrorist attacks, air strikes, blackouts, acts of public enemies or any other circumstances beyond QUALITARA's control.
Prevalence
QUALITARA and the User agree that in the event of any contradiction and/or dispute between the present T&C and the service contract between the User and QUALITARA, the service contract shall prevail.
Jurisdiction and applicable law
These T&C are governed in all respects by the laws of the State of Florida, United States of America. For any dispute resulting therefrom, the parties hereby expressly and irrevocably submit to the exclusive jurisdiction of the competent courts of the State of Florida, United States of America and hereby expressly and irrevocably waive any other jurisdiction to which they may be entitled by virtue of their present or future domicile or for any other reason.