Terms of Service

Terms of Service

Terms of Service Effective Date: June 25, 2022

These Terms of Service (“Terms of Service” or “Terms”) and our Privacy Policy (collectively, the  “Agreement”), govern your access and use of the services, including our website (AQA.link) and  mobile application made available by AQA (collectively, the “Service”). The Service is owned  and operated by AQA (“AQA,” “we,” “us,” or “our”).

‍THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE AN AGREEMENT TO  ARBITRATE, A JURY TRIAL WAIVER AND CLASS ACTION WAIVER.

By using the Service or accepting these Terms, you accept and agree to be bound and abide by these  Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not  use the Service.

‍We reserve the right to modify, amend, or change the Terms at any time. In certain circumstances, we  may notify you of a change to the Terms via email or other means; however, you are responsible for  regularly checking for notice of any changes. Your continued use of the Service constitutes your  acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a  change to these Terms or the Agreement, you should stop using the Service immediately.

‍About the service
‍AQA is a platform that allows its users (“Users”) to post sticker games and receive responses from  friends via participating social media platforms.  

‍Your account Account.
‍You must register for an account (“Account”) on the Service. When registering for an Account,  you agree that all information you provide to us will be accurate, truthful, current and complete. Only one  Account is permitted per User.  To create an Account, you must meet the following requirements:
▪ You are at least 17 years of age, and, if you are under 18 years of age (or the legal age of majority  in your jurisdiction), you have the prior consent of your parent or legal guardian to use the  Service;
▪ You do not have more than one Account on the Service; and
▪ You have not previously been removed from the Service by us, unless you have our express  written permission to create a new Account.If at any time you cease to meet these requirements, you must immediately delete your Account, and we  retain the right to remove your access to our Service without warning.

‍Account Restrictions and Passwords.
‍To access the Service, you will be asked to provide us with certain  registration information. You agree to provide correct, current, and complete information. You are solely  responsible for maintaining the confidentiality of any password you create on the Service. You should  never share your password with third parties. If you believe that someone has gained access to your  Account, you should notify us immediately at hello@aqa.  Unless expressly permitted in writing by AQA, you may not sell, rent, lease, share, or provide access to  your Account to anyone else. AQA reserves all available legal rights and remedies to prevent  unauthorized use of and access to the Service.

‍Account Termination.
‍We reserve the right to terminate your Account for any reason, at any time, at our  sole discretion. For example, we may suspend or terminate your Account if we suspect you do not meet  the eligibility requirements, become aware of any suspicious activity, or we believe the use of your  Account violates these Terms or any applicable law. We may require you to verify your eligibility at any  time. You acknowledge and agree that you will provide such information upon our request in order to  continue to use the Service. If your Account is terminated by you or AQA for any reason, these Terms continue and remain  enforceable between you and AQA. Your information will be maintained and deleted in accordance  with our Privacy Policy.

‍Closing Your Account.
‍You may deactivate your Account at any time. To do so, please send email us at hello@aqa.link stating your username and a request to deactivate your Account. We reserve the right to modify or terminate the Service, your Account, or your access to the Service for  any reason, without notice, at any time and without liability to you. If we terminate your access to the  Service or you deactivate your Account, your data (including your User Content) will no longer be  accessible through your Account, but those materials and information may persist and appear within the  Service. We also may terminate or suspend your participation on the Service, at our sole discretion.
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 If we decide to suspend, terminate or otherwise close your Account, you may not re-activate your  Account or register for another Account unless we provide you with our prior written consent.

Privacy
Our Privacy Policy explains what information may be collected through the Service, how that information  may be used and/or shared with others, how we safeguard that information, and how you may access or  control its use in connection with our marketing communications and business activities.  
‍Content
‍For purposes of this Agreement, the term "Content" includes, without limitation, any information, data,  text, photographs and other images, videos, audio clips, written posts, articles, comments, software,  scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as  defined below).

‍User Content.
‍All Content added, created, uploaded, submitted, distributed, or posted to the Services by  users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole  responsibility of the person who originated such User Content. You represent to us that all User Content  provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and  regulations. You acknowledge that all Content, including User Content, accessed by you using the Services  is at your own risk and you will be solely responsible for any damage or loss to you or any other party  resulting from your actions. We do not guarantee that any Content you access on or through the Services  is or will continue to be accurate or available.  You are solely responsible for all User Content that you post. AQA is not responsible for User Content  nor does it endorse any opinion contained in any User Content.  

‍License.
‍You grant AQA a non-exclusive, transferable, sub-licensable, royalty-free, perpetual,  irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or  display), publish, translate, modify, create derivative works from, and distribute any of your User Content  in connection with the Service through any medium, whether alone or in combination with other content  or materials, in any manner and by any means, method or technology, whether now known or hereafter  created. Aside from the rights specifically granted herein, you retain ownership of all rights, including  intellectual property rights, in the User Content. Where applicable and permitted under applicable law,  you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be  identified as the author of any User Content, including Feedback, and your right to object to derogatory  treatment of such User Content.

‍Availability of Content.
‍We do not guarantee that any Content will be made available on the Site or  through the Services. We reserve the right to, but do not have any obligation to, (i) monitor, remove, edit,  modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and  for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or  authorities relating to such Content or if we are concerned that you may have violated this User  Agreement), or for no reason at all and (ii) to remove or block any Content from the Services. AQA may, but has no obligation to, monitor, review, or edit User Content. In all cases, AQA reserves  the right to remove or disable access to any User Content for any or no reason, including User Content  that, in AQA ‘s sole discretion, violates this Agreement. AQA may take these actions without prior  notification to you or any third party. Removal or disabling of access to User Content shall be at our sole  discretion, and we do not promise to remove or disable access to any specific User Content.

YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST AQA RELATED TO USER CONTENT THAT YOU  POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD AQA  HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING  REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

‍Feedback.
‍If you provide feedback, ideas or suggestions to AQA in connection with the Service  (including any User Content) ("Feedback"), you acknowledge that the Feedback is not confidential and  you authorize AQA to use that Feedback without restriction and without payment to you. Feedback is  considered a type of User Content.

‍Intellectual property

OUR CONTENT
‍The Service is owned and operated by AQA. By registering for an Account or by otherwise using the  Service, you agree that all content, trademarks, and other proprietary materials and/or information on  the Service, including, without limitation, AQA’s logos, visual interfaces, graphics, design, compilation,  information, software, computer code (including source code or object code), services, text, pictures,  photos, video, graphics, music, information, data, sound files, other files and the selection and  arrangement thereof and all other materials (collectively, “Our Content”) are protected by copyright,  trademark, patent, trade secret, and other laws, and, as between you and AQA (and/or third-party  licensors), AQA owns and retains all rights, title, and interest in the Our Content and the Service.  All other trademarks, logos, and service marks (collectively, the “Service Marks”) are the exclusive  property of AQA (and/or third-party licensors) or other third parties. Nothing in these Terms grants you  a license to use any of the Service Marks or any of the AQA trade names, trademarks, service marks,  logos, domain names, or other distinctive brand features.  Unless otherwise expressly stated in writing by us, you are granted a limited, non-exclusive, non transferable, non-sublicensable, non-assignable, revocable license to access and use the Service for your  own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership  rights in or to the Service and/or Our Content or any of the Service Marks by accessing or otherwise using  the Service. The license granted to you herein may be terminated by AQA at any time, in its sole  discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by AQA. You will agree not to remove, alter, or conceal any copyright, trademark, service mark, or other  proprietary rights or notices incorporated in or accompanying Our Content. Nothing contained on the  Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use  any of Our Content displayed on the Service, and you will not reproduce, modify, adapt, prepare derivative  works from, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit  any of Our Content without the written permission of AQA or such third party that may own any Service  Marks displayed on the Service.

‍Digital Millennium Copyright Act
‍AQA has adopted the following policy towards copyright infringement in accordance with the Digital  Millennium Copyright Act (“DMCA”). If you believe that your work has been copied and posted on the  Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the  following information:
● an electronic or physical signature of the person authorized to act on behalf of the owner of the  copyright interest;
● a description of the copyrighted work that you claim has been infringed;
● a description of where the material that you claim is infringing is located on the Service (and  such description must be reasonably sufficient to enable us to find the alleged infringing  material);
● your contact information, including address, telephone number and email address;
● a written statement by you that you have a good faith belief that the disputed use is not  authorized by the copyright owner, its agent, or the law; and
● a statement by you, made under penalty of perjury, that the above information in your notice is  accurate and that you are the copyright owner or authorized to act on the copyright owner’s  behalf. Notice of claims of copyright infringement should be provided to AQA Copyright Agent via email  to hello@aqa.link.

‍Community guidelines
‍When you create an Account or otherwise use the Service, you acknowledge and agree that:
▪ You will abide by these Terms.
▪ You are responsible for keeping your Account password secret and secure.
▪ You are solely responsible for your conduct and for any activity that occurs through your Account.  
▪ You agree that AQA is not responsible or liable for the conduct of any User. AQA reserves the  right, but has no obligation, to monitor or become involved in disputes between you and other  Users.  
▪ You are solely responsible for obtaining and maintaining all telephone, computer hardware,  software, accessories, and other equipment needed for you to access and to use the Service.
▪ You will treat others with respect (including when communicating with any AQA representatives  or other employees).
▪ You will not impersonate any person or entity; falsely claim an affiliation with any person or  entity; access the Accounts of others without permission; misrepresent the source, identity, or  content of information transmitted via the Service; or perform any other similar fraudulent  activity.
▪ You will not use the Service for any harmful, illegal, nefarious, or untoward purpose.
▪ You will not use or attempt to use any cheats, bots, automation software, hacks, or any third party software designed to interfere with the Service.
▪ You will not solicit, collect, use, or attempt to use the Account login credentials of any other User.
▪ You will not defame, stalk, bully, spam, abuse, harass, threaten, impersonate, or intimidate  anyone on the Service, and you must not stream, broadcast or post or otherwise use information  via the Service that may lead to violations of intellectual property or data privacy laws.
▪ You will not interfere or disrupt the Service or its servers or networks connected to the Service  including by transmitting any worms, viruses, spyware, malware, malicious code, or any other  code of a destructive or disruptive nature. You may not inject content or code or otherwise alter  or interfere with how any AQA page is rendered or displayed in a browser or on a device.
▪ You will not crawl, scrape, cache, or otherwise access any content or information (including User  Content) on the Service via automated means.
▪ You will not create an Account through any unauthorized means, including but not limited to, by  using an automated device, script, bot, spider, crawler, or scraper. Should you use any automatic,  macro, program, or similar method, or otherwise commit fraud with regard to the Service, AQA  reserves the right to pursue legal action against you.  
▪ You will not attempt to indicate in any manner, without our prior written permission, that you  have a relationship with AQA or that we have endorsed you or any products or services for any  purpose.
▪ You will not use the Service for any illegal purpose, or in violation of any local, state, national, or  international law or regulation, including without limitation laws governing intellectual property  and other proprietary rights, data protection, and privacy.
▪ You will not post or share any Prohibited Content, as described below. We reserve the right to refuse access to the Service to you, for any reason at any time, at our sole  discretion. You are prohibited from uploading or sharing any content (including User Content) that (“Prohibited  Content”):  
▪ We may deem to be offensive, or we believe may harass, upset, embarrass, alarm or annoy any  other person;
▪ Is violent, threatening, obscene, or that is otherwise offensive;
▪ Is abusive, insulting, threatening, discriminatory, or that promotes or encourages racism, sexism,  hatred, or bigotry;
▪ Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial  hatred, or the submission of which in itself constitutes committing a criminal offense;
▪ Is defamatory, libelous, or untrue;
▪ Infringes upon any third party’s rights (including, without limitation, intellectual property rights  and privacy rights);
▪ Includes the image or likeness of another person without that person’s consent (or in the case of  a minor, the minor’s parent or guardian), or the image or likeness of a minor without the  permission of that minor’s parent or guardian;
▪ Is inconsistent with the intended use of the Service; or
▪ Could harm the reputation of AQA or the Service. If you upload or share any Prohibited Content, we may immediately suspend or terminate your Account. You acknowledge and agree that posting any User Content that violates these Community Guidelines (or  that we reasonably believe violates these Terms) may also result in immediate termination or suspension  of your Account.  

‍Subscriptions

AUTOMATIC RENEWAL & CANCELLATION
‍AQA offers Users a weekly subscription for an enhanced user experience. If you sign up for a  subscription, your subscription will automatically renew until you cancel, and you will automatically be  charged the associated fee (plus any applicable taxes) until you cancel. To see your next renewal date  and current fee, visit your mobile device’s account settings, or the Subscriptions tab that is available  through the Apple App Store or the Google Play Store.  You must cancel your subscription at least 24 hours before the end of your current billing period to avoid  being charged for the next billing period. After cancellation, you will have access to your subscription  through the last day of your current billing period, at which point your subscription (and access to your  subscription features) will be discontinued. You may cancel your subscription any time through your Apple App Store or Google Play Store account.  To access the subscription features after discontinuing your paid subscription, you may need to purchase  a new subscription, subject to then-current fees, terms, and conditions.

‍PAYING FOR YOUR CONNECTED SUBSCRIPTION
‍Payments for your subscription are processed via Apple (for iOS) and Google (for Android) (each an “App  Provider”) and you will need to provide your App Provider with your payment information. You are  responsible for maintaining accurate and up-to-date payment information. If a payment is unsuccessful,  we may suspend your access to the relevant subscription features until you provide a valid payment  method. AQA is not responsible if your subscription fails to renew due to invalid payment information.  

‍REFUNDS Refund requests are handled by your App Provider, not AQA. To request a refund, you should follow  your App Provider’s refund procedures. AQA does not offer refunds for your subscription. If you cancel,  we will not issue you a refund or credit for any partial-period access to your subscription. You are not  entitled to a refund or credit for any part of a billing period if the Subscription Features are unavailable,  defective, experiencing delays, or for any other reason.  

‍CHANGES TO SUBSCRIPTIONS AND FEATURES
‍We reserve the right to change or discontinue your subscription plans, subscription features, terms, or  pricing at any time. AQA is not responsible for any damage or loss caused by failures or delays of your  subscription or the subscription features.

‍Eligibility and Use Restrictions
‍To purchase a subscription, you must be a U.S. resident and at least 18 years of age (or the age of majority  in your jurisdiction). You are permitted to use your subscription for personal, non-commercial uses only.

‍Disclaimer of warranties
‍THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT  YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AQA AND ITS  SUBSIDIARIES, AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS,  EMPLOYEES, AGENTS, AND LICENSEES (THE “AQA PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR  IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS  FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER  PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL  COMPONENTS. THE AQA PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT (A) THE SERVICE WILL BE  UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE SERVICE WILL MEET YOUR REQUIREMENTS;  (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR  RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED  BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (D) YOUR INFORMATION CREATED  THROUGH THE SERVICE, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST; OR (E) ANY ERRORS WILL  BE CORRECTED. THE AQA PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR  ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE),  INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM THE  SERVICE.  

‍Limitation of liability; Waiver
‍UNDER NO CIRCUMSTANCES WILL THE AQA PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES  OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY,  SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR  INDIRECTLY RELATED TO: (A) THE SERVICE; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE  OF THE SERVICE; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE AQA  PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE  SERVICE; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY  OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (F) ANY DAMAGE TO ANY  OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING,  WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING,  FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,  COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION WHETHER  BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE OR  EVEN IF THE AQA PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF  SUCH DAMAGES. IN NO EVENT WILL THE AQA PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY  LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL  DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING  THE FOREGOING, IF THE AQA PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING  OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICE, IN NO EVENT WILL THE AQA PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED FIVE  HUNDRED UNITED STATES DOLLARS ($500.00).  AQA IS NOT RESPONSIBLE FOR THE ACTIONS, USER CONTENT, INFORMATION, CONTENT OR DATA OF  THIRD PARTIES, AND YOU RELEASE THE AQA PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR  UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY  SUCH THIRD PARTIES.

Indemnification
‍You agree to defend, indemnify and hold the AQA Parties harmless from and against any claims,  liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and  costs, arising out of or in any way connected to your use or misuse of the Service or with any of the  following (including as a result of your direct activities on the Service or those conducted on your behalf):  (A) your breach or alleged breach of these Terms of Service; (B) your violation of any third-party right,  including without limitation, any intellectual property right, publicity, confidentiality, property or privacy  right; (C) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any  governmental and quasi-governmental authorities, including, without limitation, all regulatory,  administrative and legislative authorities; (D) any misrepresentation made by you; or (E) your breach or  alleged breach of the representation and warranties set forth in these Terms. AQA reserves the right to  assume the exclusive defense and control of any matter subject to indemnification by you, and you will  not in any event settle any claim without the prior written consent of AQA.

Arbitration Agreement, Class Action Waiver, Jury Trial Waiver  Arbitration Agreement.
If you pursue a legal claim against AQA, you agree to arbitration (with limited  exceptions and except where prohibited by law): The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement  (including any alleged breach thereof) or our Service shall be binding arbitration administered by JAMS  under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by these Arbitration  Procedures.  The one exception is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that  the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims  court. If the responding party requests to proceed in small claims court before the appointment of the  arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the  arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration  should be administratively closed and decided in small claims court. Whether you choose arbitration or  small-claims court, you may not under any circumstances commence or maintain against AQA any class  action, class arbitration, or other representative action or proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall  determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the  arbitrator. The arbitrator can grant any relief that a court can and decisions by the arbitrator are  enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or  vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that  this arbitration agreement is for any reason held to be unenforceable, any litigation against AQA (except  for small-claims court actions) may be commenced only in the federal or state courts located in Los  Angeles County, California. You hereby irrevocably consent to the jurisdiction of those courts for such  purposes.

‍CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR  COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE  ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

‍If a court or  arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the  arbitration agreement will be void as to you.

‍JURY TRIAL WAIVER. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, WE EACH  WAIVE ANY RIGHT TO A JURY TRIAL.

Limitations and modifications
‍AQA will make reasonable efforts to keep the Service operational. However, certain technical  difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory  requirements, may, from time to time, result in temporary interruptions. AQA reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features  of the Service, with advance notice where possible, all without liability to you, except where prohibited  by law, for any interruption, modification, or discontinuation of the Service or any function or feature  thereof. You understand, agree, and accept that AQA will make reasonable efforts, although it has no  obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content  through the Service. AQA and/or the owners of any content may, from time to time, remove any such  content without notice. This section will be enforced to the extent permissible by applicable law.

‍Links to other sites
‍The Service may contain links to other sites maintained by third parties. These links are provided only as  a convenience to you. AQA, its subsidiaries and affiliated companies have no control over, and are not  responsible for any content, products, or services offered by or found on third party sites, or their privacy  policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement,  or approval of these sites or the content contained in these sites.  

‍Communications
‍By using the Service, you consent to receiving certain electronic communications from AQA as further  described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding  our electronic communications practices. You agree that any notices, agreements, disclosures or other  communications that AQA sends to you electronically will satisfy any legal communication  requirements, including that such communications be in writing.

‍Notice
‍All notices to AQA shall be in writing to either the mailing or e-mail address listed below and will be  deemed given on the date received. Notices to you may be sent to the e-mail  hello@aqa.link

‍General provisions Governing Law & Venue.
‍These Terms of Service are governed by and construed in accordance with the  laws of the State of California, without giving effect to any principles of conflicts of law. Notwithstanding  the foregoing, the Arbitration Agreement above shall be governed by the Federal Arbitration Act. All  claims arising out of or relating to this Agreement, to the Service, or to your relationship with AQA that  for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state  courts of Los Angeles County, California. You and AQA consent to the exercise of personal jurisdiction  of courts in the State of California and waive any claim that such courts constitute an inconvenient forum.
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‍Additional Terms.
‍Additional terms and conditions may apply to specific features or your use of certain  portions of the Service. These additional terms also are legally binding.
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‍No Waiver.
‍Any waiver of any provision of this Agreement will be effective only if in writing and signed  by or on behalf of AQA. No failure or delay by AQA in exercising any right, power, or privilege under  these Terms will operate as a waiver thereof, nor will any siAQAe or partial exercise of any right, power, or  privilege preclude any other or further exercise thereof or the exercise of any other right, power, or  privilege under these Terms. This provision will survive the termination of any and all of your transactions  with AQA.  
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‍Severability.
‍Unless otherwise expressly provided herein, the invalidity or enforceability of any provision  of these Terms will not affect the validity or enforcement of any other provision, all of which remain in  full force and effect.
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‍Headings.
‍The headings in these Terms are for convenience only and have no legal or contractual effect.  
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‍Assignment.
‍AQA may assign this Agreement, in whole or in part, at any time with or without notice to  you. You may not assign, transfer or sublicense any or all of your rights or obligations under this  Agreement without our express prior written consent.
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‍Entire Agreement.
‍This Agreement (which includes these Terms of Service, our Privacy Policy and any  other AQA terms that govern your use of Service), constitutes the entire agreement between you and  AQA.  
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‍Changes
‍We may revise and update these Terms from time to time, in our sole discretion. Notice of any material  change will be posted on this page with an updated effective date. All changes are effective immediately  upon posting by us and such changes shall apply to all access to and use of the Service thereafter;  provided, however, that any changes to the dispute resolution provisions set out in Governing Law &  Venue will not apply to any disputes for which the parties have actual notice on or before the date the  change is posted on the Service.  Your continued use of the Service following the posting of revised Terms means that you accept and agree  to such changes. You are expected to check this page frequently so you are aware of any changes, as they  are binding on you.

‍Contact us
‍If you have any questions about this Privacy Policy, please contact us by sending an email or letter to: hello@aqa.link