Terms andConditions.
The standard terms on which TrustCV Ltd supplies the Qsend platform (qsend.cc) and its modules - QS·C, QS·L, QS·R, QS·P and QS·Q - to you.
Summary of key terms
This summary is for your convenience only. It is not legally binding - the binding terms are set out in full below.
- What this is:
- the standard terms on which TrustCV Ltd supplies Qsend (qsend.cc) and its modules.
- Who you're contracting with:
- TrustCV Ltd, a company registered in England and Wales.
- Supply basis:
- the Services are provided "as available" and "as is" - no guarantee of uninterrupted or fit-for-purpose operation.
- Your data:
- you own it. You are responsible for the accuracy of contact information you upload and for complying with the law when you contact people.
- WhatsApp:
- always drafted for you to review and send yourself. Never sent automatically by us.
- Email sequences:
- may be scheduled/automated by you within the platform, in accordance with these terms and applicable anti-spam and data protection law.
- Our liability:
- capped, and excludes indirect and consequential loss, to the maximum extent permitted by law. Full detail at T-12.
- Ending the agreement:
- you can cancel at any time. We can suspend or terminate for breach, non-payment, misuse, or at our discretion on notice.
- Governing law:
- England and Wales.
Introduction and acceptance
These Terms govern access to and use of qsend.cc and all associated applications, dashboards, APIs, and services (the "Services") provided by TrustCV Ltd (company number 16280940, registered office 32 Trafalgar Drive, Brooklands, Milton Keynes, MK10 7ER). By creating an account, accessing, or using the Services, you accept these Terms. If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that entity. We may amend these Terms from time to time by publishing an updated version at qsend.cc/terms; continued use after an update constitutes acceptance. These Terms incorporate by reference our Privacy Policy, Cookie Policy, and Security Policy.
Definitions
- Account - the user account created to access the Services.
- Agreement - these Terms with any Order, applicable Policies, and product-specific terms.
- Content - any data, text, images, contact records, templates, messages, files or other material uploaded, submitted, generated, or transmitted by you through the Services.
- Order - any online checkout, order form, subscription plan selection, or written order confirming the Services and fees payable.
- Qsend Products - QS·C (digital business cards with vCard/QR); QS·L (link-in-bio pages with booking and lead-capture); QS·R Reach (email follow-up sequence tooling and WhatsApp message drafting templates); QS·P (pocket CRM); QS·Q (proposal generation and e-signature).
- Third-Party Services - any third-party platform, API, or service that integrates with, or is accessed through, the Services (including WhatsApp, email delivery providers, calendar providers, and e-signature or payment processors).
Eligibility and accounts
You must be at least 18 and capable of forming a legally binding contract. The Services are intended for business and professional use. You are responsible for the confidentiality of your credentials and for all activity under your Account; notify us immediately at support@qsend.cc if you suspect unauthorised access. You must keep your registration details accurate. We reserve the right to refuse registration or suspend/terminate any Account where we reasonably suspect fraud, abuse, non-payment, or breach of these Terms.
The Services
- Nature of supply. We will use reasonable efforts to make the Services available and to perform them with reasonable skill and care. The Services are otherwise provided strictly on an "as is" and "as available" basis, without warranties of any kind, to the maximum extent permitted by applicable law.
- No guarantee of outcomes. Any statement about speed or workflow (including references to moving from a captured contact to a sent communication in a short period of time) describes the design intent of the platform only. It is not a guarantee of any business outcome, response, meeting, sale, or other result.
- Availability. We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. Access may be affected by maintenance, updates, Third-Party Service outages, connectivity issues, or events outside our control.
- Changes to the Services. We may add, remove, modify, or discontinue any feature or module at any time; where reasonably practicable we will give advance notice of any material discontinuation affecting paying customers.
- WhatsApp and messaging compliance. WhatsApp messages generated or suggested via QS·R are always drafted for your manual review and must be sent by you personally from your own WhatsApp account. We do not automate, schedule, or transmit WhatsApp messages on your behalf, and the Services must not be configured or combined with any other tool to do so. Email follow-up sequences are the only channel within the Services that may be scheduled or sent on an automated basis, and only in accordance with T-06.
- Third-Party Services. Your use of any Third-Party Service is subject to that provider's own terms and privacy policy. We are not liable for any act, omission, outage, change, or discontinuation of a Third-Party Service.
- Beta and preview features. Provided for evaluation only, may be changed or withdrawn at any time, with no warranty of any kind.
Acceptable use
You agree that you will not, and will not permit any third party to:
- (a) use the Services to send unsolicited bulk communications, spam, or messages in breach of applicable anti-spam, electronic communications, or marketing laws (including the UK GDPR, the Data Protection Act 2018, and PECR 2003, as amended);
- (b) upload, store, or transmit any Content that is unlawful, defamatory, fraudulent, infringing, obscene, harassing, or that violates the rights of any third party;
- (c) use the Services to process special category personal data unless you have an independent lawful basis and appropriate safeguards, and have notified us in advance in writing;
- (d) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services, or probe, scan, or test the vulnerability of the Services without our prior written consent;
- (e) use the Services to build a competing product, or scrape, harvest, or extract data from the Services other than your own Content;
- (f) circumvent any usage limits, security measures, or access controls;
- (g) use the Services in any way that breaches any applicable law or regulation.
You are solely responsible for the legality, accuracy, and appropriateness of all Content you upload, including all contact records, and for obtaining any consents required to contact the individuals whose data you process using the Services.
Your responsibilities and data you upload
You retain all rights, title, and interest in your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, and process your Content solely to provide the Services to you. You are responsible for: the accuracy, quality, legality, and appropriateness of all Content; having a valid legal basis under data protection law to process the personal data of any individual whose details you upload; maintaining your own backup of any Content important to you; and all communications sent using the Services. We act as data processor in respect of personal data you upload. You will indemnify us against any claim, loss, liability, cost, or expense (including reasonable legal fees) arising from your Content, your use of the Services in breach of T-05, or your failure to comply with applicable data protection or electronic marketing law.
Fees and payment
Fees are as set out on qsend.cc/pricing or in your Order, exclusive of VAT. Subscription fees are billed in advance on a recurring basis and are non-refundable except where required by law. You may cancel at any time; cancellation takes effect at the end of the then-current billing period. We may change our fees on at least 30 days' notice. If any payment is not received by the due date, we may suspend or restrict access, charge interest on overdue amounts at 4% per annum above the Bank of England base rate, and/or terminate your Account. Free trials, if offered, may be withdrawn, modified, or limited at any time.
Intellectual property
We (and our licensors) own all intellectual property rights in and to the Services, including the Qsend platform, the QS·C, QS·L, QS·R, QS·P, and QS·Q modules, the Qsend brand, all software, design, templates, and documentation. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes during the period for which fees have been paid. You must not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Services. Any feedback you provide may be used by us without restriction or compensation.
Confidentiality
Each party will keep confidential all non-public information disclosed by the other party in connection with these Terms, and use it only for the purposes of the Agreement, except where disclosure is required by law, regulator, or court order. This clause survives termination.
Suspension and termination
We may suspend or restrict access to the Services, without liability and without notice where reasonably necessary, if you breach these Terms or T-05, your account is overdue on payment, we reasonably believe your use of the Services poses a security, legal or reputational risk, or we are required to comply with law. Either party may terminate for convenience at any time, subject to T-07 (no refund of prepaid fees). We may terminate immediately on written notice for material breach not remedied within 14 days, or on insolvency. On termination your access ends immediately; you remain liable for accrued fees; and we may delete your Content after a reasonable period (currently 30 days). You are responsible for exporting any Content you wish to retain before termination.
Disclaimers of warranty
To the maximum extent permitted by law we exclude all conditions, warranties, and terms, whether express or implied, including implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, and reasonable care and skill. We do not warrant that the Services will meet your specific requirements, be uninterrupted, timely, secure, or error-free, or that results will be accurate or reliable. Nothing in this clause excludes liability for fraud, fraudulent misrepresentation, or death or personal injury caused by our negligence.
Limitation of liability
Nothing excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.
Subject to that, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
- any indirect, special, incidental, or consequential loss or damage;
- loss of profits, revenue, business, anticipated savings, contracts, goodwill, or reputation;
- loss or corruption of data or Content, including any contact records, business cards, proposals, or CRM data, whether caused by us, a Third-Party Service, or otherwise;
- any loss arising from your failure to back up Content;
- any loss arising from the acts, omissions, or unavailability of any Third-Party Service, including WhatsApp, email delivery infrastructure, calendar tools, or e-signature providers;
- any loss arising from unauthorised access to your Account resulting from your failure to keep your credentials secure;
- any business decision, communication sent, proposal issued, or contract entered into by you using Content, templates, or drafts generated by the Services.
Our total aggregate liability arising out of or in connection with the Agreement shall not exceed the greater of: (a) the total fees paid by you in the 12 months immediately preceding the event giving rise to the claim; or (b) £100. You acknowledge that our fees reflect this allocation of risk, and that we would not be able to offer the Services on these commercial terms without such limitations.
Indemnity
You agree to indemnify, defend, and hold harmless TrustCV Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or connected with: your Content or use of the Services in breach of these Terms; your violation of any applicable law, including data protection and electronic marketing law; your infringement of any third-party right; any WhatsApp message, email, proposal, or other communication sent by you using the Services; or your breach of any Third-Party Service's terms of use.
Third-party and beta feature disclaimer
We may make available integrations, plug-ins, or connections with Third-Party Services. We do not control, endorse, or accept responsibility for any Third-Party Service, and your use is at your own risk and subject to that provider's own terms.
General
- Entire agreement. These Terms, together with the Policies and any Order, constitute the entire agreement.
- Assignment. You may not assign or transfer without our prior written consent. We may assign or transfer without restriction, including in connection with a merger, acquisition, reorganisation, or sale of assets.
- Force majeure. Neither party is liable for any failure caused by circumstances beyond its reasonable control.
- Severability. If any provision is held unenforceable, the remainder continues to apply.
- No waiver. Failure to enforce is not a waiver of the right to do so later.
- No partnership. Nothing creates a partnership, joint venture, agency, or employment relationship.
- Notices. Notices to us should be sent to legal@qsend.cc or by post to our registered office. Notices to you may be sent to the email associated with your Account.
- Governing law and jurisdiction. Laws of England and Wales; the courts of England and Wales have exclusive jurisdiction.
- Third-party rights. No one other than a party has any right to enforce these Terms.
Contact
TrustCV Ltd, registered in England and Wales, company number 16280940. Registered office: 32 Trafalgar Drive, Brooklands, Milton Keynes, MK10 7ER. Email: legal@qsend.cc. Website: https://qsend.cc.