Terms of Service

01 Acceptance of terms

Welcome to the Qemera Global LLC website ("Website"). These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Qemera Global LLC ("Qemera," "we," "us," "our"), a Texas limited liability company registered in Dallas, Texas, USA.

By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use this Website.

These Terms apply to:

• All visitors to and users of the Website
• Prospective clients submitting inquiries or requests for information
• Anyone accessing content, resources, or materials made available through the Website

02 Modifications to terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of the Website after changes constitutes acceptance of the revised Terms.

For material changes, we will provide notice via a prominent banner on the Website or via email (if you have provided your contact details).

03 Use of the website

3.1 Permitted Use

You may use the Website for lawful purposes only:

• Browsing information about Qemera's services
• Submitting inquiries through contact forms
• Downloading publicly available resources
• Subscribing to newsletters or updates

3.2 Prohibited Use

You agree not to:

• Use the Website in any manner that violates applicable laws or regulations
• Interfere with or disrupt the Website, servers, or networks connected to it
• Attempt to gain unauthorized access to any portion of the Website or systems
• Use any automated means (robots, spiders, scrapers) to access the Website without written permission
• Upload, transmit, or distribute viruses, malware, or harmful code
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Collect or harvest personal information of other users without consent
• Use the Website to send unsolicited commercial communications (spam)
• Reproduce, duplicate, copy, sell, or exploit any portion of the Website without express written permission

3.3 Account Registration (If Applicable)

If the Website requires account registration:

• You must provide accurate, current, and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You are fully responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use or security breach

We reserve the right to suspend or terminate accounts that violate these Terms.

04 Intellectual property

4.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, images, videos, audio, software, code, and design elements, is the property of Qemera Global LLC or its licensors and is protected by United States copyright laws, international copyright treaties, trademark laws, and other applicable intellectual property laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. This license does not include:

• Modifying, copying, or creating derivative works from Website content
• Distributing, transmitting, or publicly displaying content without permission
• Using content for commercial purposes without a written agreement
• Removing any copyright, trademark, or proprietary notices from materials

4.3 Trademarks

"Qemera," the Qemera logo, and any other product or service names, slogans, or logos displayed on the Website are trademarks of Qemera Global LLC or our affiliates. You may not use these marks without our prior written consent.

05 Disclaimer of warranties

THE WEBSITE AND ALL CONTENT, SERVICES, AND MATERIALS PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, QEMERA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, COMPLETENESS, OR RELIABILITY OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION
• THAT DEFECTS WILL BE CORRECTED
• THAT THE WEBSITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS

No advice or information, whether oral or written, obtained from Qemera or through the Website shall create any warranty not expressly stated herein.

06 Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

6.1 Cap on Liability

QEMERA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED US DOLLARS (USD $100.00) OR THE AMOUNT YOU HAVE PAID TO QEMERA IN CONNECTION WITH THE SPECIFIC CLAIM, WHICHEVER IS GREATER.

6.2 Excluded Damages

IN NO EVENT SHALL QEMERA BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• PERSONAL INJURY OR PROPERTY DAMAGE
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA
• DAMAGES ARISING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, OR DEFECTS IN OPERATION
• DAMAGES ARISING FROM DELAYS IN OPERATION OR TRANSMISSION

EVEN IF QEMERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3 Exceptions

The limitations above do not apply where prohibited by law, including gross negligence or willful misconduct, fraud or fraudulent misrepresentation, death or personal injury caused by negligence, and liabilities that cannot be excluded under applicable consumer protection laws.

6.4 EU Consumer Considerations

If you are a consumer residing in the European Union, mandatory consumer protection laws in your jurisdiction may provide rights that cannot be excluded or limited. Nothing in these Terms shall limit your statutory rights as an EU consumer.

07 Indemnification

You agree to indemnify, defend, and hold harmless Qemera Global LLC, its members, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Website or any content therein
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property or privacy rights
• Any content you submit, post, or transmit through the Website
• Your negligent or willful misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate in such defense.

08 Third-party links and content

The Website may contain links to third-party websites or content not owned or controlled by Qemera. We do not endorse, assume responsibility for, or control the content, privacy policies, or practices of any third-party sites.

Your interactions with third-party websites are solely between you and the third party. We encourage you to review their terms and privacy policies before engaging.

09 Service availability and maintenance

We strive to keep the Website available at all times but do not guarantee uninterrupted access:

• The Website may be unavailable during maintenance windows
• We may modify, suspend, or discontinue any part of the Website without prior notice
• We are not liable for any loss or damage caused by Website unavailability

10 Termination

10.1 By You

You may stop using the Website at any time.

10.2 By Us

We may suspend or terminate your access to the Website, without notice or liability, for any reason, including breach of these Terms, conduct that we believe violates applicable law or harms Qemera or others, extended periods of inactivity (for registered accounts), or operational or security concerns.

10.3 Effect of Termination

Upon termination:

• All licenses granted to you under these Terms will immediately cease
• You must stop all use of the Website
• Provisions that by their nature should survive termination shall survive (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law)

11 Governing law and jurisdiction

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles.

11.2 EU Regulatory Compliance

For users located in the European Union, nothing in these Terms shall limit your rights under applicable EU consumer protection laws, including the Consumer Rights Directive and the General Data Protection Regulation (GDPR). To the extent of any irreconcilable conflict between Texas law and mandatory EU law that applies to you, the mandatory EU law shall prevail.

11.3 Dispute Resolution

For Users Based in the United States:

Any dispute arising from these Terms or your use of the Website shall be resolved as follows:

1. Informal Resolution: The Parties agree to first attempt to resolve disputes informally for at least 30 days by contacting [legal@qemera.com].
2. Binding Arbitration: If informal resolution fails, disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Dallas, Texas, in the English language, before a single arbitrator.
3. Class Action Waiver: To the fullest extent permitted by law, you agree that any proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

For Users Based in the European Union:

EU consumers may bring disputes in the courts of their country of residence. Mandatory EU consumer arbitration and ADR frameworks may apply.

11.4 Injunctive Relief

Notwithstanding the above, either Party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

12 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

13 Waiver

No waiver by Qemera of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Qemera to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14 Entire agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and Qemera regarding your use of the Website. They supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral.

15 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Qemera's prior written consent. Any attempted assignment without consent shall be null and void. Qemera may assign these Terms freely to any affiliate or in connection with a merger, acquisition, or sale of assets.

16 Force majeure

Qemera shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, or pandemics; war, terrorism, riots, or civil unrest; government actions, sanctions, or regulations; internet or telecommunications failures outside our direct control; labor disputes or strikes; and power failures or utility outages.

17 Contact information

If you have any questions, concerns, or legal notices regarding these Terms of Service, please contact us: