Terms & Conditions
In addition to running the Mobile App (Promise App), QUANTUM SOFTWARE SOLUTION (the “Company”) also runs the web/mobile application “Promise App” (the “App”), which may be found on Google Play Store and other similar platforms. Together, the App and the Website are referred to as the “Platform.” The Platform and the Services may only be used in accordance with these terms and conditions (“Terms”) (as defined below).
A User (as defined below) or any other end user of the Services (collectively, “you”) and the Company are parties to a legally binding and enforceable agreement by and through these Terms. You affirm and guarantee that you are (a) an Indian resident, (b) at least 18 (eighteen) years old, and (c) fully able and authorised to agree and bind yourself to these Terms. You affirm and indicate that, if you are acting on behalf of an entity, organisation, or other legal person, you have the right, power, and authority to bind that entity, organisation, or other legal person to these Terms.
Also included in these Terms are our privacy statement, which may be found at (“Privacy Statement”), as well as any internal rules, additional terms, policies, or disclaimers that may occasionally be provided or published by us. You acknowledge that you have read and agree to the Terms by continuing to access or use the Platform or any of its Services. Additionally, you are aware that the Platform is solely meant for Indian residents to use, and by continuing to access and/or use the Platform, you are presumed to be a resident of India.
By posting the new or updated version of these Terms, the Company retains the right to make modifications; by using the Platform going forward and/or by not deleting it, you signify your acceptance to such changes. As a result, we ask that you please continue to check the Terms each time you visit or use the Platform so that you are aware of any changes we may be making to these Terms
You acknowledge that you have read, understand, and are bound by these Terms and that you have complied with all of their requirements by using the Services. Please refrain from using the Platform or the Services if you do not agree to all of these Terms or do not follow its requirements.
SERVICES
The Platform I gives users (referred to as “Users”) access to an online digital ledger book or record book where they can enter records involving their respective customers, and (ii) also enables Users to create written notes so that they can send notes to their respective customers and latter they can use it to fulfil their obligations to the Users. Together, these functions are referred to as “Services.” Any additional upcoming services that the Company offers or plans to provide would be considered Services for the purposes of this provision.
ON-BOARDING
1. A User must register on the Platform and create a profile (a “Profile”) using information including his or her email address and phone number in order to use the Services. The User will be needed to provide specific information, including but not limited to phone numbers and details of its clients and companies, in addition to setting up a username and password to build the Profile. The User guarantees that all information provided in connection with its Profile is accurate and truthful in all aspects and will continue to be so. The User additionally agrees and commits to quickly updating its information on the Platform in the event that any of those details change or are modified.
2. The User agrees to immediately notify the Company in writing at quantumsoftwaresolution@gmail.com of any disclosure or unauthorised use of its Profile or any other security breach with respect to its Profile. The User alone is responsible for maintaining the security and confidentiality of its username and password.
3. The User hereby fully accepts responsibility and liability for any actions taken through its Profile, whether in connection with the use of the Service or elsewhere. Any liability on the part of the Company for any unauthorised access to a User’s Profile is explicitly disclaimed.
4. The User consents to receiving communications from the Company with respect to details pertaining to exchanges noted on the Platform; (ii) information about the Company and the Services;(iii) promotional offers and services from the Company and its third-party partners; and (iv) any other matter pertaining to the Services.
KNOW YOUR CUSTOMER POLICY
1. Users may be asked by the Company to submit certain data and documents, including but not limited to their identity papers (“KYC Documents”), in order to determine their eligibility to access particular functionalities of the Services.
2. In order to use the Platform, the User hereby grants the Company and any third-party service providers it may work with or communicate with permission to process KYC Documents and determine the User’s eligibility. Any processing carried out by the Company shall be in compliance with this Agreement and its Privacy Policy. This statement makes it clear that any authorization granted by a third-party service provider to access KYC Documents will be subject to that provider’s privacy policies.
3. The User acknowledges that it may be necessary to submit additional documents as and when requested by the Company or any of its third-party service providers. If such a requirement arises, the User hereby agrees to promptly share any Top-Up Documents upon request and grants the Company permission to process such Documents.
4. A legitimate, true, full, and up-to-date KYC document must be provided by the user, who also guarantees that they will do so. The User likewise recognises that any inaccurate or deceptive information given shall constitute a substantial breach of these Terms, and in such an instance, the User’s access to certain elements of the Services may be restricted or prohibited.
5. When the user creates their profile or signs up, they may be given a list of the KYC documents and documents, or they may get it later.
EXCHANGE INFORMATION
1. On the Platform, Users may post information about their companies or Exchanges with clients, such as sales of goods or services, sums received and payable, and specifics about goods and services (this information is referred to as “Exchanges Information”). Depending on the contact information supplied by Users and their customers on the Platform, Exchanges Information may be transmitted between Users and their customers by phone calls, text messages, WhatsApp, emails, or other electronic means.
2. The User shall notify such customers of its use of the Platform to record such Exchange Information and Exchange Information related to future Exchange at the time of creating or uploading the first Exchange Information with respect to such customers and shall obtain such customers’ express consent in order to:
3. the process of creating a customer profile on the platform, which calls for the consumer to provide the company with their phone number and other contact information;
4. receive communications from the Company regarding: (A) details of the Exchanges they have registered on the Platform; (B)information about the Company and the Services; (C) promotional offers and services from the Company and its third party partners; and (D) any other matter relating to the Services.
5. The User must promptly stop using the Services in connection to such clients if those consumers refuse to give consent or revoke consent
6. If the User provides details of such Exchange Information relating to any of such customers at any time during the use of the Platform, the Company shall assume that the User has obtained the consent as required under clause 4(b) above. The User shall be solely responsible for obtaining such consent from its customers
THIRD PARTY SERVICES
1. A third party may own, licence to, or otherwise make accessible some services, material, documents, and information through the Services (“Third Party Services”). The Services may also connect to Third Party Services. Users recognise that usage of such Third-Party Services is exclusively at their own risk and that Third Party Services are the responsibility of the third party that produced or offered them.
2. In relation to such Third-Party Services, including their correctness or completeness, the Company makes no assurances and explicitly disclaims all warranties and responsibilities. All intellectual property rights in and to Third Party Services are also the property of the relevant Third Parties.
3. The company never calls or otherwise asks for information like a UPI pin or OTP. Because the User shared these data, the Company is not responsible for any fraud that results from it. The providers of Third Party Services and PSP partners are not responsible for any fraud that results from the User disclosing such data. When a user reveals his details in one of these fraudulent transactions, the company may share pertinent information about that record if the victim contacts the company through the appropriate channels, such as quantumsoftwaresolution@gmail.com or the customer care line.
USER RESPONSIBILITIES
1. By agreeing to these Terms, the User represents and warrants that all information provided by the User through or in connection with the Services is valid, complete, true, and accurate as of the date of agreement and will remain valid, complete, true, and accurate during the entire time the User uses the Platform. If any information, documents, material, or data submitted to access the Services is inaccurate, incomplete, misleading, or if the User omits to disclose any material fact, the Company disclaims all responsibility and liability for any loss or harm the User may experience or incur.
2. The User shall be entirely accountable for ensuring compliance with relevant laws and shall bear all risks of responsibility resulting from any failure to uphold such commitments.
3. The User shall provide the Company every assistance in fighting any legal actions that may be brought against it as a result of a breach of the User’s covenants or duties under these Terms.
4. Users should routinely and independently preserve, backup, and archive such Exchanges Information even if the Company makes commercially reasonable steps to provide Users with a daily backup of their Exchanges Information.
5. Except as specifically authorised in these Terms, the User may not use the Services in any way. The User may not, without limiting the generality of the foregoing sentence,
a. violate any intellectual rights of a third party, including but not limited to copyrights, patents, trademarks, or trade secrets, directly or indirectly;
b. Use the Services in any way—including copying, displaying, distributing, editing, publishing, reproducing, storing, transmitting, uploading, translating, or obtaining a license—aside from what may be permitted by this agreement;
c. use the services to email or upload information containing malicious software, such as viruses, Trojan horses, or other harmful programmes or code intended to impair computer hardware or software performance;
d. utilise a robot, spider, other automated system, or manual procedure to observe or duplicate any part of the platform or services;
e. use the services to promote or engage in any activity that may be gravely harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, intrusive of another person’s privacy, hateful, or racially or ethnically objectionable, disparaging, related to or encouraging money laundering or gambling, or otherwise unlawful in any way whatsoever; or unlawfully threatening or unlawfully harassing, including but not limited to ”
f. engage in systematic content retrieval from the Platform or Services in order to build or construct a collection, compilation, database, or directory, either directly or indirectly; or
g. any other action that violates the law.
6. Users who fail to do the necessary investigation to verify that the products and services they send Written notes & reminders for are in accordance with all applicable laws may have their accounts suspended or terminated. We advise users to double-check before creating Written notes for illegal material.
7. The user is banned from using the services for the promotion or sale of any illegal goods or services, including but not limited to:
a. regulated items being sold;
b. sale of fake, unauthorised copies, pirated goods, and products that violate any intellectual property rights, including unlawful recordings or reproductions of copyrighted content made on any medium, including ones that may not already exist;
c. sale of cigarettes, cigars, chewing tobacco, and other tobacco and cigarette-related goods;
d. sale of alcohol, narcotics, or other psychoactive substances;
e. selling or providing any product or service that could not be in the public interest;
f. gambling or other illegal activities;
g. sale or provision of an item or service that violates any relevant laws.
h. The Prevention of Money Laundering Act of 2002 and any rules imposed thereunder are only a few examples of the laws that the User will be fully accountable for abiding by. Any claims, liabilities, or damages that may result from a failure to comply with Indian anti-money laundering regulations shall not be the responsibility of the Company.
INTELLECTUAL PROPERTY
1. The Company is the exclusive owner of all rights, titles, and interests in and to the Platform and Services, including all intellectual property rights derived therefrom or otherwise lawfully licenced by the Company. The Company hereby provides the User a non-exclusive, non-transferable, non-sublicensable, revocable, and restricted licence to use the Platform and Services in accordance with these Terms and its written instructions published from time to time, subject to the User’s compliance with these Terms.
2. The User should be aware that everything they view or read on the Platform is covered by the Indian Copyright Act, 1957, as well as other Indian intellectual property regulations, and they are not permitted to use anything without the Company’s express prior written consent.
3. The User’s intellectual property rights are not subject to any royalty obligations, acknowledgements, prior approvals, or other restrictions on the Company’s use, distribution, publication, display, or disclosure.Nothing in these Terms should be interpreted as granting any right to or licence over the intellectual property of the Company or any third party, except as expressly stated in these Terms.
4. Except where otherwise noted, all of this Platform’s contents, including but not limited to the text and images and how they are arranged, are protected by copyrights and belong to the Company. As such, they cannot be used, sold, licenced, copied, or reproduced in whole or in part by anyone else or in any way or form on any medium without the Company’s prior written consent.
TERM AND TERMINATION
1. Unless otherwise specified in these terms, these terms will continue in effect.
2. If a User violates or breaches any of its duties, responsibilities, or covenants under these Terms, the Company may, in its sole discretion, immediately and at any moment terminate the User’s access to or use of the Services, or any portion thereof.
3. Except for those sections that expressly or figuratively “survive” termination or expiration, these Terms will be null and void upon termination.
4. Regardless of anything in the Terms to the contrary, upon termination of a User’s access to or use of the Services, all sums or outstanding funds owed by you in connection with your use of or access to the Services shall become immediately payable.
DISCLAIMERS AND WARRANTIES
1. Your entire risk arises from using the Services.
2. You agree and accept that the Company does not provide, grant, or disburse any financial products. The Company is not and will not be liable for any claims or damages sustained by Users, customers of Users, or any other person or entity that are connected to. The User additionally accepts and commits to keeping records of each written notes it creates or provides to clients, whether they are in physical or electronic form.
3. The Services are offered “as is” and “as available” to the degree permitted by relevant legislation. The Company does not guarantee that the Services will operate without interruption or mistakes, or that their features will satisfy your needs.
4. The Company expressly disclaims all warranties of any kind, express or implied, arising from the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title, and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise from course of performance, course of dealing, or usage of trade, to the fullest extent permitted by applicable law.
5. You explicitly agree and understand that the Company shall have no obligation whatsoever with respect to any repercussions that may result from your use of the Services. You hereby assume full responsibility for any such consequences.
6. The Company, its affiliates, and its associated parties individually waive any and all responsibility to you for any loss or damage resulting from or resulting from:
a. using the Services, being unable to use the Services, or the Services being available or unavailable, including any Third Party Services;
b. the occurrence or existence of any error, hiccup, or delay in the operation or transmission of data to, from, or through the Services, communications failure, theft, destruction, or unauthorised access to the Company’s records, programmes, services, server, or other infrastructure relating to the Services; or
c. the inability of the Services to maintain continuous functioning.
1. Despite anything to the contrary in this agreement, neither the Company nor any of its affiliates or related parties shall be liable to you or any third party for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising out of, in any way connected to, or resulting from these Terms or the Services. You consent to waive, release, discharge, and hold harmless the Company, its parent companies, its affiliated and subsidiary businesses, and each of their directors, officers, employees, and agents from any and all claims, losses, damages, liabilities, expenses, and causes of action resulting from the Services, to the fullest extent permitted by law.
INDEMNITY
You agree to hold the Company, its parent companies, subsidiaries, affiliates, and each of their officers, employees, directors, licensors, agents, and representatives harmless from and against any claim, demand, lawsuit, loss, liability, damages, and costs (including, without limitation, from all damages, liabilities, settlements, costs, and attorneys’ fees) resulting from or arising out of your use of the Services.
CONSENT TO USE DATA
1. You consent to the Company’s right to collect and use your information, technical data, and associated information in line with its Privacy Policy and that of any third-party service providers it employs.
2. To further improve the efficacy and efficiency of the Platform, the Company may analyse data and information relating to your usage of the Services, identify trends, and compile statistics.
3. In accordance with relevant laws, the Company may be required to provide information on Users to law enforcement, the government, and similar entities in connection with criminal proceedings. You acknowledge and accept that the Company will have the right to disclose such information with the appropriate agencies or entities in such circumstances.
MAINTENANCE OF RECORDS
The Company reserves the right to request copies of such data for their own purposes, including record keeping. You are responsible for maintaining records of any Exchanges on the Platform independently from the Platform (by means of physical copies, etc.).
FEES/CHARGES
For the Services, the Company maintains the right to impose a convenience fee, and non-payment may result in service cancellation.
MODIFICATION
The Company retains the right to add, change, or stop providing the Services (or any portion thereof) at any time, with or without cause. Any such addition, alteration, suspension, or cessation of the Services shall not subject the Company to liability.
JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
The laws of India shall govern these Terms and be applied to their interpretation and enforcement. Courts in Gwalior shall have exclusive jurisdiction over all disputes arising out of these Terms or the use of the Services, subject to other provisions in this Clause.
The Arbitration and Conciliation Act, 1996, which is currently in effect and is presumed to be included by reference in this Clause, will be used to arbitrate any controversies, conflicts, disputes, or disagreements arising out of these Terms in Gwalior. One arbitrator, chosen by the Company, will make up the panel. English will be used as the language of the arbitration. Except when necessary or when legal counsel is involved, the parties to the arbitration must keep the proceedings private unless otherwise required by law. All parties to this agreement must abide by the arbitrator’s judgement, which is final.
Regarding any disagreement, each party to the arbitration is responsible for its own costs.
MISCELLANEOUS PROVISIONS
1. Changes – The Company retains the right to make changes to these Terms and to impose new or different rules or guidelines while using the Services. Unless expressly refused (in which case these Terms shall expire), any revisions and additional terms and conditions will be disclosed to you and included into these Terms with immediate effect. These Terms will expire if you choose not to accept the updates.
2. Severability – If any provision of these Terms is found to be invalid or unenforceable by any court or other competent authority, the other sections of these Terms shall remain in force. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted) (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
3. Assignment – Without the Company’s prior written approval, you may not licence, sell, transfer, or otherwise assign any of your rights, responsibilities, or covenants under these Terms. The Company has the exclusive right to grant or deny this permission, and it may do so with or without any restrictions. Without giving you any previous notice, the Company may transfer its rights to any of its parent, subsidiary, or affiliate companies, as well as to any firm that acquires any stake in a company that provides the Services.
Notices – Other than regular operating communications, all notices, requests, demands, and decisions for the Company under these Terms must be directed to quantumsoftwaresolution@gmail.com.
4. No third party shall have any right to enforce any provision of this agreement.
5. Translations – The Company may give you translated versions of these Terms for no other reason than to help you comprehend these Terms more fully. In all respects, the English version of these Terms shall govern. The terms of the English version of these Terms shall take precedence over any translated versions in the case of any discrepancy.