Terms of Service

Last updated: January 6, 2025

Welcome to QikBuilds. These Terms of Service ("Terms") govern your access to and use of the QikBuilds website located at qikbuilds.com (the "Site") and all related services, including custom scraper development and data solutions (collectively, the "Services").

By accessing our Site or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.

1. Services Description

QikBuilds provides the following services:

  • Custom Scraper Development: We design and build web scraping solutions tailored to your specific data collection requirements.
  • Data Solutions: We provide access to datasets, including home improvement contractor data, newly registered business data, and other business information across the United States.
  • Data Processing: We offer data filtering, enrichment, deduplication, and formatting services.

The specific scope, deliverables, pricing, and timeline for any project will be defined in a separate written agreement or proposal between you and QikBuilds.

2. User Responsibilities

By using our Services, you agree to:

  • Provide accurate and complete information when requesting our Services
  • Use our Services and any data provided only for lawful purposes
  • Comply with all applicable local, state, national, and international laws and regulations
  • Not use our Services to collect data in violation of any website's terms of service or applicable law
  • Not resell, redistribute, or sublicense any custom scrapers or data without our express written consent
  • Maintain the confidentiality of any login credentials or access information provided to you
  • Notify us immediately of any unauthorized use of your account or any security breach

3. Acceptable Use

You agree NOT to use our Site or Services to:

  • Engage in any activity that violates applicable laws or regulations
  • Infringe upon the intellectual property rights of others
  • Collect or harvest personal information without proper consent or legal basis
  • Send unsolicited communications (spam) using data obtained through our Services
  • Engage in harassment, defamation, or any harmful conduct
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt our Site or Services
  • Transmit any viruses, malware, or other harmful code
  • Engage in any activity that could damage, disable, or impair our infrastructure

4. Intellectual Property

4.1 Our Intellectual Property

All content on our Site, including text, graphics, logos, images, and software, is the property of QikBuilds or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or create derivative works from our content without our express written permission.

4.2 Custom Scraper Ownership

Unless otherwise specified in a written agreement:

  • QikBuilds retains ownership of all custom scrapers, code, algorithms, and methodologies developed during the course of providing Services
  • Upon full payment, you receive a non-exclusive, non-transferable license to use the scraper for your specified purposes
  • You may not reverse engineer, decompile, or attempt to derive the source code of any scraper

4.3 Data Ownership

Data delivered to you through our Services is licensed for your use according to the terms of your specific agreement. You are responsible for ensuring your use of the data complies with all applicable laws, including data protection and privacy regulations.

5. Payment Terms

Payment terms for our Services will be specified in individual project agreements. General payment terms include:

  • Prices are quoted in US Dollars unless otherwise specified
  • Payment is due according to the schedule outlined in your project agreement
  • Late payments may incur interest charges and may result in suspension of Services
  • All fees are non-refundable unless otherwise stated in your agreement
  • We reserve the right to modify our pricing at any time for future projects

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged during the course of our business relationship. This includes:

  • Technical specifications and requirements
  • Business strategies and plans
  • Pricing and financial information
  • Customer lists and data
  • Any information marked as confidential

Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.

7. Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, QikBuilds disclaims all warranties, including but not limited to:

  • Implied warranties of merchantability and fitness for a particular purpose
  • Warranties regarding the accuracy, completeness, or reliability of any data
  • Warranties that the Services will be uninterrupted, error-free, or secure
  • Warranties regarding the results obtained from using our Services

We do not guarantee that any data provided will be suitable for your specific purposes. You are responsible for evaluating the accuracy and completeness of any data before relying on it.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QIKBUILDS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or data corruption
  • Business interruption
  • Cost of substitute services

Our total liability for any claims arising from or related to these Terms or our Services shall not exceed the amount paid by you to QikBuilds during the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless QikBuilds, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of our Site or Services
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your violation of any third-party rights
  • Any claim related to your use of data obtained through our Services

10. Termination

We reserve the right to suspend or terminate your access to our Site or Services at any time, with or without cause, and with or without notice. Grounds for termination include:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Non-payment for Services
  • Actions that harm QikBuilds or other users

Upon termination, your right to use our Services will immediately cease. Provisions of these Terms that by their nature should survive termination will remain in effect.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our Site and updating the "Last updated" date. Your continued use of our Site or Services after such changes constitutes acceptance of the modified Terms.

12. Governing Law and Dispute Resolution

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

Any dispute arising from these Terms or your use of our Services shall be resolved through:

  1. Informal Negotiation: The parties will first attempt to resolve the dispute through good faith negotiations.
  2. Mediation: If negotiation fails, the parties agree to attempt mediation before pursuing other remedies.
  3. Arbitration: Any unresolved disputes shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

14. Entire Agreement

These Terms, together with any project-specific agreements, constitute the entire agreement between you and QikBuilds regarding your use of our Site and Services. These Terms supersede any prior agreements or understandings.

15. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by QikBuilds to be effective.

16. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17. Contact Information

If you have any questions about these Terms, please contact us at:

QikBuilds
Email: legal@qikbuilds.com
Website: qikbuilds.com

By using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.