QOOB SEARCH Terms of Use

1. License Grant

Subject to the terms herein, Company grants you a personal, non-exclusive, non-transferable, revocable license to install and use the Services, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.

2. The Services

2.1 Input and Output

a. As a part of the Services, you can input, upload and submit information and other materials (“Input”), and the Services will use artificial intelligence tools and proprietary functionalities to generate responses based on your Input (“Output”). Your use of the Services, including any Outputs, may also be subject to license and use restrictions set forth in a third-party LLM license, if applicable. Any Input will be deemed “Your Content” under these Terms.

b. You may not direct the Services to generate any Output in violation of any applicable intellectual property right, contractual restriction or other law. By submitting any Input through the Services, you represent that you have obtained all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow us to use) such Input in connection with the Services. You represent and warrant that your submission of Input in connection with your use of the Services, including to generate Output, will not breach any law or any third party's terms and conditions associated with such Input. You may not (i) publish any Output generated by the Services without clearly citing the Services, or (ii) misrepresent the source of any Output or the fact that it was generated by artificial intelligence.

2.2 Eligibility

You must be 13 years of age or older to use the Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor's parent or guardian accepts these Terms on the minor's behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.

2.3 Creating and Safeguarding Your Account

To use certain Services, you need to create an account or link another account, such as your Apple or Google account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account through the settings page of your Account profile. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@theqoob.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create an Account if we have previously removed your Account, or we previously banned you from any of our Services, unless we provide written consent otherwise.

3. Restrictions on Your Use of Services

You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

a. Violate Rights or Laws

• infringe, violate, or misappropriate the intellectual property rights, privacy rights, or any other rights of any person or entity;
• violate any law or regulation, including, without limitation, any applicable export control, sanctions, and trade compliance laws, privacy and data protection laws, and laws related to consumer and child protection, anti-spam, obscenity or defamation;
• facilitate, promote, or engage in fraud, counterfeit or illicit goods, schemes, scams, phishing, or malware;

b. Threaten Security or Privacy

• jeopardize the security of your account or any other account, including allowing or gaining unauthorized access, attempting to obtain passwords or security information, or engaging in activities that violate the security of any service, system, or network;
• violate any privacy rights, such as sharing or accessing personal information without consent, or collecting or using personal data from minors without having obtained required consents;
• misuse, collect, solicit, or gain access without permission to private information such as non-public contact details, health data, biometric or neural data (including facial recognition), or confidential or proprietary data;
• create or distribute malware, ransomware, or other types of malicious code;
• develop or use tools for denial-of-service, interception, or unauthorized monitoring/device control;
• develop persistent access tools below system security levels, including firmware/hardware implants;
• create or use automated tools designed to compromise multiple systems at scale for malicious purposes;
• bypass or circumvent security controls, authenticated systems, endpoint protection, monitoring tools, or product guardrails;
• use of someone's likeness, including their photorealistic image or voice, without their consent in ways that could confuse authenticity;

c. Misuse Our Technology

• “crawl,” “scrape,” or “spider” or otherwise extract data or output from our products or services (through use of manual or automated or programmatic means), other than via our documented APIs for our products and services;
• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of our products, services, APIs, or any software, documentation or data related thereto;
• take any action that imposes, or may impose (as determined by us, in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
• create similar or competitive products or services as our products or services or otherwise compete with us or assist any others to compete with us;
• circumvent bans using different accounts or sharing access with previously banned entities;
• intentionally bypass model restrictions (e.g., jailbreaking, prompt injection) without authorization or circumvent rate limits or other use limitations, including by orchestrating usage among multiple accounts;
• use inputs/outputs to train or improve an AI model without written authorization from the Company (“model scraping”, “model distillation”, or “datasets”);
• use, by any means, including but not limited to, agentic, automated, or personal methods, any Output, data, or proprietary metadata generated by the Services to develop, train, fine-tune, or improve any artificial intelligence, data sets, or machine learning models that are similar to or competitive with the Services. This restriction on Output applies regardless of whether the Output is properly cited or attributed, and any such use, whether via agentic, automated, or personal methods, is a material breach of these Terms.

d. Engage or Promote Illegal or Harmful Activities

• engage in or promote any illegal activity such as terrorism; cybersecurity crime; organized crime; or child sexual exploitation, generation of Child Sexual Abuse Material (CSAM); prostitution, trafficking, or acquisition of illegal/controlled substances;
• create, distribute, or facilitate sexually explicit content, including bestiality, incest, or depictions of sex acts/fetishes;
• produce/modify/design/acquire weapons, explosives, or hazardous materials;
• circumvent regulatory controls or synthesize high-yield weapons or counter-measure-evading materials;
• compromise or disrupt critical infrastructure;
• gain to attempt to gain unauthorized access to critical systems;
• interfere with military infrastructure;
• develop, promote, or sell fraudulent/deceptive products, payday/title loans, abusive debt collection practices;
• Engage in or facilitate real money gambling;

e. Engage in Deceptive Conduct

• generate deceptive or misleading content such as fake reviews, comments, or media, or create/deploy conspiratorial narratives targeting certain individuals/entities;
• impersonate real entities or create fake personas to mislead or deceive, such as to create, use, or distribute falsified documents (including fake IDs, licenses, currency, or government documents);
• attempt to defraud, deceive, impersonate, or misrepresent your affiliation with any person or entity;
• engage in or facilitate academic dishonesty, such as plagiarism or submitting AI-assisted work without attribution/permission;
• engage in multi-level marketing, pyramid, or deceptive business models;
• deploy subliminal, manipulative, or deceptive techniques to distort behavior;

f. Incite Harm or Discrimination, or Exploit Vulnerable Populations

• incite, facilitate, or promote violence, extremism, terrorism, hatred, or hateful behavior;
• spread false, misleading, or harmful information;
• promote harm or injury of any person or self-harm, including self-injury or suicide;
• exploit any of the vulnerabilities of a person (e.g., age, disability, or socio-economic situation);
• engage in dangerous, fraudulent, abusive, or predatory practices;
• engages in the unauthorized practice of any regulated profession, including the financial, legal, or medical/health professions;
• facilitate/promote discriminatory practices against protected attributes;
• harass, intimidate, shame, humiliate, bully, or celebrate suffering;
• generate or spread animal cruelty content.

g. Fail to Disclose AI Involvement or Related Risks

• fail to disclose that information or recommendations were informed or generated by AI when necessary or reasonable to mitigate risks.
• fail to communicate any known limitations or risks associated with reliance on AI-generated outputs.
• misrepresent AI-generated content as human-authored, or remove or conceal any disclosures or indicators that the content was generated by AI.

In addition to the above general use restrictions, when using our products or services, the following use cases are prohibited:

Interference in Elections or Surveillance; Impair Civil Rights

• interfere in political campaigns or election processes;
• engage in surveillance: tracking, targeting or reporting on identity, facial recognition, covert tracking, battlefield management, predictive policing;
• generate/distribute political campaign content designed to deceive;
• disrupt electoral/civic processes;
• assist or support censorship for government;
• engage in emotional recognition without complying with applicable legal and regulatory requirements;
• engage in law enforcement uses impairing civil rights/liberties.

Automated Scoring or Decision-Making

• assign social/behavioral “scores” to individuals (social scoring) without consent;
• engage in criminal justice determinations (parole, sentencing);
• make automated decisions without human review about the eligibility of individual consumers for financial products and creditworthiness, or decisions regarding eligibility of individual consumers for housing, including leases and home loans;
• make automated decisions about the employability of individuals or other employment determinations without human review;
• automate high-stakes decisions in other sensitive areas without human review: critical infrastructure, education, insurance, legal, medical, essential government services, product safety components, national security, migration, law enforcement.

Prohibited or Hazardous Applications

• any applications, practices, or use cases that are prohibited under applicable laws, such as those prohibited under the EU AI Act;
• any use that is sensitive, critical, unsafe, high-risk, or hazardous (including any use that could result in death or serious bodily injury, catastrophic damage, warfare, or the operation of critical infrastructure);
• facilitate the destruction or disruption of critical infrastructure such as power grids, water treatment facilities, medical devices, telecommunication networks, or air traffic control systems;
• any applications, practices, or use cases that would result in our AI models and related products being declared a high-risk AI system or that otherwise qualifies as “high-risk” under the EU AI Act.

4. Ownership and Content

4.1 Ownership of the Services

The Services, including their text, graphics, images, logos, proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works.

4.2 Ownership of Trademarks

The Company's name, trademarks, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

4.3 Your Content

a. In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (collectively with Input, “Your Content”). As between you and the Company, and to the extent permitted by applicable law, you retain your ownership rights in Input and own the Output generated by the Services. The Company hereby assigns to you all its right, title, and interest, if any, in and to the Output. You acknowledge that Output may not be unique and other users may receive similar or identical Output. Our assignment of Output to you does not extend to other users' output or any third-party Output.

b. In order to operate the Services, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content to operate, improve, promote and provide the Services, including to reproduce, transmit, display, publish and distribute Output based on your Input. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations.

c. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

d. We may use Your Content to provide, maintain, develop, and improve our Services, including our artificial intelligence, data sets, and machine learning models. If you do not want us to use Your Content to train our models, you may opt out by following the instructions provided in our settings. Please note that opting out may limit the ability of our Services to address your specific use cases.

4.4 Notice of Infringement – DMCA (Copyright) Policy

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

1. identification of the copyrighted work that is claimed to be infringed;
2. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
3. information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
4. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
5. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
6. the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent by email to: support@theqoob.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

5. Third-Party Services and Materials

5.1 Use of Third-Party Materials in the Services

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. Third-Party Materials include the open source software or other third-party software, such as third-party large language models, that are included in the artificial intelligence and machine learning models you access or use through the Services. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

6. Beta Releases

6.1

Company hereby grants you a limited, non-exclusive, non-transferable, revocable right to participate as a beta tester for any beta releases. You agree to test and evaluate any beta releases in accordance with these Terms and any testing guidelines or instructions provided by the Company. Your use of any beta release is completely voluntary. Any beta release provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any beta release is at your sole risk. You agree that once you use a beta release, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the beta release back to the prior non-beta version.

6.2 Your Obligations

You agree to a) use any beta release in a normal and customary manner, b) report any bugs, errors, defects, or usability issues to the Company in a timely and detailed manner, using the feedback channels provided by the Company, c) respond to reasonable requests from the Company for further information or feedback, and d) make reasonable efforts to test and evaluate new versions, updates, or builds of any beta release provided by the Company.

6.3 Ownership of Intellectual Property and Feedback

You acknowledge and agree that the Company retains all right, title, and interest in and to any beta releases and all intellectual property rights therein. You further agree that any and all feedback, suggestions, ideas, or improvements provided by you to the Company concerning any beta releases (collectively, “Feedback”) shall be the sole and exclusive property of the Company. You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest, including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right, that you may have in and to any and all Feedback.

6.4 Confidentiality & Non-Disclosure

7. Disclaimer of Warranty

YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT ANY BETA RELEASES ARE A PRE-RELEASE VERSION, MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS, AND MAY NOT BECOME COMMERCIALLY AVAILABLE. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, BENEFICIAL OWNERS, EQUITY OWNERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (THE “COMPANY ENTITIES”) EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.

YOU ACKNOWLEDGE THAT THE SERVICES MAY GENERATE OUTPUT CONTAINING INCORRECT, BIASED, OR INCOMPLETE INFORMATION. THE COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR THE INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY IN YOUR USE OF ANY OUTPUT. YOU SHOULD NOT RELY ON THE SERVICES OR ANY OUTPUT FOR ADVICE OF ANY KIND, INCLUDING MEDICAL, LEGAL, INVESTMENT, FINANCIAL OR OTHER PROFESSIONAL ADVICE. ANY OUTPUT IS NOT A SUBSTITUTE FOR ADVICE FROM A QUALIFIED PROFESSIONAL. YOU ACKNOWLEDGE THAT DUE TO THE NATURE OF GENERATIVE ARTIFICIAL INTELLIGENCE TOOLS, OTHER USERS OF THE SERVICES MAY CREATE AND USE THEIR OWN OUTPUT THAT IS SIMILAR OR THE SAME AS YOUR OUTPUT, SUCH AS BECAUSE THE SAME OR SIMILAR INPUT WAS PROVIDED, AND YOU AGREE THAT SUCH OTHER USERS CAN USE THEIR OWN INDIVIDUALLY CREATED OUTPUT FOR THEIR OWN INTERNAL BUSINESS PURPOSES.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES, INCLUDING ANY OUTPUT.

YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.

7.1 Marketing Descriptions and No Reliance

You acknowledge that marketing terms, including but not limited to, “Decision Engine,” “Decision-Grade,” “Trust Firewall,” and “Trustworthy”, used in Company marketing, presentations, or the Services are descriptive of the Services' intended design and aspirational user experience only. These terms do not constitute an express or implied warranty, a guarantee of accuracy, or a promise of any specific outcome. The Services are a tool to assist in information retrieval; the final responsibility for any decision made based on Output remains solely with you, and you agree to hold harmless the Company Entities for any such decisions.

8. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT SHALL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OUTPUT, OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES OR OUTPUT. THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Indemnification

By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content; or (e) your negligence or willful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.

10. Purchases

The Services may facilitate the purchase of certain products (“Merchandise”) offered by third-party merchants (“Merchants”). You acknowledge and agree that:

• All purchases of any Merchandise are from the Merchant directly and not the Company; Additional terms and conditions from Merchants will apply to any purchases you make, and you are responsible for reviewing and complying with such additional terms and conditions;
• Company is not party to any transactions entered into between you and Merchants, and will have no responsibility or liability to you for any products you purchase from Merchants, including any product liability claims or for any additional or improper charges, delivery issues, pricing errors or product descriptions.
• You are not allowed to give the Company the personal information of any persons under the age of 13 for delivery or shipping purposes or any other reason.
• If you have an issue with your order, would like to cancel your order or would like to initiate a return or request a refund, please contact the Merchant directly first. The Merchant will follow their own policy on returns, refunds, cancellations, missing orders and damaged or defective items. If the Merchant confirms you are eligible for a refund, any refunds will be made to the payment method you originally used to make the purchase.
• To the maximum extent permitted by applicable law, you release Company and its officers, directors, employees, agents, and successors from any claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any dispute you have with a Merchant in connection purchases made.
• If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” We do not endorse, warrant or guarantee any such products or services from Merchants. If you have a dispute with any Merchant, as applicable, we have no obligation or responsibility to become involved, though we may do so at our election in our sole discretion.

10.1 Independent Relationship

The Company acts strictly as a neutral interface provider. You agree that:

• No Agency: Company does not act as an agent, bailee, or representative for any Merchant or for you.
• No Merchant Liability: Company is not responsible for Merchant's failure to fulfill an order, defective products, or fraudulent merchant activity.
• Indemnification for Disputes: Your agreement to defend and indemnify the Company Entities under Section 9 specifically extends to any claims, costs, or damages arising from your commercial disputes with Merchants or issues related to payment processing on Merchant platforms.

11. Use of the App

11.1

You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or will be available in any particular geographic location. As part of the Services, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device's operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of Push Messages from the Company.

11.2 Mobile Software from the Apple App Store

The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store's applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

11.3 Software Updates

To ensure you are using the latest version of the App and to improve security and operability, the software may update automatically on your device once a new version or feature is available. While some services may allow you to adjust your automatic update settings, we reserve the right to push urgent updates to prevent abuse or respond to legal requirements.

12. Termination

If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. The Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company's other rights or remedies at law or in equity. You may terminate at any time by ceasing use of the Services. In addition to our other rights, the Company may terminate your account if it has been inactive for a period of over one (1) year, provided you do not have a paid subscription. We will provide you with advance notice before terminating an account for inactivity.

13. Return of Materials

Upon termination or expiration of these Terms, you shall immediately cease all use all Services and shall, at the Company's discretion, either return to the Company or destroy all copies of any beta releases and any other Confidential Information in your possession or control.

14. Governing Laws

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in these Terms, or if arbitration does not apply, then the state and federal courts located in Wilmington County, Delaware.

15. Mandatory Arbitration and Class Action Waiver

15.1 Mandatory Arbitration

You and the Company agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. If you opt out of an update, the last set of agreed upon arbitration terms will apply.

15.2 Informal Process First

You and the Company agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

15.3 Arbitration Agreement

If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable. Any arbitration under these Terms will take place on an individual basis – class arbitrations and Class Actions (as defined below) are not permitted. The arbitration will be conducted by video-conference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Wilmington, Delaware have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

15.4 Exceptions

Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction:

1. Claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;
2. Claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
3. intellectual property Claims.

15.5 Opt-Out

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@theqoob.com or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to the Company within 30 days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the Class Action waiver, the Class Action waiver still applies. You may not opt out of only the Class Action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, the Company also will not be bound by them.

15.6 Class Action and Jury Trial Waivers

You and the Company agree that Disputes must be brought on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and the Company knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

15.7 Batch Arbitration

If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and the Company agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

15.8 Severability

If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

16. Updating These Terms

We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.

17. Severability

If any provision of these Terms are held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

19. Export Laws

You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

20. Miscellaneous

These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by Company in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

21. Location of Our Privacy Policy

Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at: https://theqoob.com/privacy