TERMS OF SERVICE

Last Updated: [Insert Date]

1. Introduction

Welcome to Qnaku ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, digital products, and consultancy services (collectively, the "Services").

Qnaku is a Product-to-Market consultancy. We help founders, developers, and builders turn uncertain ideas into evidence-backed digital products. By engaging our Services, you agree to these Terms. If you do not agree, please do not use our Services.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use our Services. If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Scope of Services

Qnaku provides consultancy and digital product development services, which may include:

• Product validation and market research
• Product strategy and business model design
• Go-to-market strategy
• Web application and software development
• AI solutions and automation
• Marketing and SEO strategy

Specific deliverables, timelines, and fees for our Services will be outlined in a separate Statement of Work (SOW) or Service Agreement. In the event of a conflict between these Terms and a signed SOW, the SOW shall prevail.

4. Payment Terms

• Fees: Fees for our Services are set forth in the applicable SOW or on our website for digital products.
• Payment Methods: We accept payments via designated payment processors. You agree to provide current, complete, and accurate purchase and account information.
• Refunds: Our refund policy is defined in the applicable SOW or digital product description. Given the nature of consultancy and digital products, refunds are generally not provided once work has commenced or a digital product has been delivered, unless otherwise specified.
• Taxes: You are responsible for any applicable taxes, levies, or duties imposed by taxing authorities.

5. Data Protection and International Transfers

• Our Role: Qnaku is the Data Controller for personal data collected through the website and Services. We determine the purposes and means of processing.
• Hosting and Processors: We use third-party service providers for hosting, email delivery, SMS, and payment processing. Some of these providers may be located in jurisdictions outside your country of residence. By using our Services, you acknowledge that your personal data may be transferred to and processed in countries outside your jurisdiction.
• Lawful Basis for Transfer: We rely on your explicit consent and/or contractual necessity as the lawful basis for cross-border transfers. We ensure that our providers implement appropriate technical and organizational safeguards, including encryption, access controls, and contractual protections, to protect your data.
• Your Rights: You have the right to access, rectify, erase, or restrict processing of your personal data. You may withdraw consent at any time. To exercise these rights, contact hello@qnaku.com.

6. Intellectual Property

• Our IP: We retain all rights, title, and interest in our pre-existing methodologies, tools, frameworks, and The Opportunist's Almanac.
• Client IP: Upon full payment, we assign to you the rights to the final deliverables created specifically for you under an SOW, excluding our pre-existing IP.
• Portfolio Rights: Unless otherwise agreed, we retain the right to display the work in our portfolio.

7. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party and to use it solely for the purpose of performing obligations under these Terms. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Qnaku shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses. Our aggregate liability for all claims relating to the Services shall not exceed the amount paid by you to Qnaku for the Services in the twelve (12) months preceding the claim.

9. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with generally accepted principles of international commercial law. Any dispute arising from these Terms shall be resolved through good-faith negotiation between the parties. If resolution cannot be reached, the dispute shall be submitted to binding arbitration in a mutually agreed neutral jurisdiction, conducted in English.

Nothing in this clause prevents you from lodging a complaint with your local data protection authority or seeking relief through any competent court.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

12. Contact Us

For any questions about these Terms, please contact us at:
Email: hello@qnaku.com