Terms and Conditions for Malcom Loyalty Solution

These Terms and Conditions ("Agreement") govern the use of the Malcom Loyalty Solution system ("the System"), provided by QSS LLC ("the Company"), by businesses ("the Clients") for the purpose of enhancing customer experience and implementing loyalty programs. By purchasing and using the System, the Client agrees to be bound by these Terms and Conditions.

System Usage
1.1 The System is designed to assist businesses in creating and managing loyalty programs to enhance customer experience.
1.2 The Client acknowledges that the System may require integration with the Client's existing systems or third-party platforms, and it is the Client's responsibility to ensure compatibility.
1.3 The Client is responsible for ensuring the accuracy and integrity of all data provided to the System, including customer information, rewards, and promotions.

Intellectual Property
2.1 The System and all related intellectual property rights, including but not limited to software, designs, logos, trademarks, and documentation, are the exclusive property of the Company.
2.2 The Client is granted a limited, non-exclusive, non-transferable license to use the System solely for the purposes outlined in this Agreement. The Client shall not reproduce, modify, distribute, or create derivative works of the System without the prior written consent of the Company.

Client Responsibilities
3.1 The Client shall provide accurate and up-to-date information to the System, including customer data, rewards, and promotions.
3.2 The Client shall comply with all applicable laws, regulations, and industry standards in using the System.
3.3 The Client is responsible for maintaining the confidentiality of its account credentials and shall promptly notify the Company of any unauthorized use or breach of security.

Fees and Payment
4.1 The Client agrees to pay the fees as specified in the agreed-upon pricing plan for the use of the System.
4.2 Fees are payable in advance, and the Client shall provide valid payment details to the Company.
4.3 The Company reserves the right to modify the fees upon providing reasonable notice to the Client.

Limitation of Liability
5.1 The Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of the System, even if the Company has been advised of the possibility of such damages.

Termination
6.1 Either party may terminate this Agreement upon written notice to the other party in the event of a material breach of this Agreement, subject to any cure periods specified herein.
6.2 The Client acknowledges that termination of the Agreement will result in the termination of access to the System and any associated data.
6.3 Upon termination, the Client shall immediately cease using the System and return any confidential information or proprietary materials provided by the Company.

Governing Law and Jurisdiction
7.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Company is registered.
7.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in the same jurisdiction.

Miscellaneous
8.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, or representations, whether oral or written, with respect to the subject matter herein.
8.2 No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.
8.3 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

By purchasing and using the Malcom Loyalty Solution system, the Client acknowledges and agrees to be bound by these Terms and Conditions.