Q5id Guardian Mobile Application

Terms of Use and End User License Agreement

Effective Date: January 21, 2022

The Guardian mobile software application (the “App”) is owned and operated by Q5id, Inc. (“Q5id,” “we,” “our,” or “us”), together with its affiliates, subsidiaries, successors, and assigns. These Terms of Use and End User License Agreement (“Terms”) govern your use of the App, together with all Documentation (as defined below), including without limitation, when you access and/or use any services or other features that we may offer through the App.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE APP.

By clicking the “ACCEPT” box, you, on behalf of yourself and any entity you represent, if applicable, acknowledge that you (i) have read, understand, and agree to be bound by these Terms; (ii) have read, understand, and consent to our information practices described in our Privacy Policy ; and (iii) acknowledge and agree that these Terms are supported by reasonable and valuable ‎consideration (which consideration includes your use of the App). If acting on behalf of an entity, you must have, and you hereby represent and warrant that you have, full authority to bind such entity to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE “ACCEPT” BOX ‎AND YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE ‎APP.

1. Definitions.

1.1 “Documentation” means user manuals, instructional videos, and/or other materials made ‎available to you by Q5id in printed, electronic, or other form, that describe the ‎operation, use, and/or functionality of the App. ‎

1.2 “you” and “your” refers to you, the individual end user who owns or otherwise lawfully controls the computer or device onto which the App is downloaded, and, if applicable, any entity you represent. If you represent an entity, unless the context indicates otherwise, “you” and “your” refers collectively to you, the individual end user, and the entity that you represent.

2. Summary of App.

The App is a mobile software application that facilitates and provides real-time, user-‎initiated alerts to help find missing ‎persons.‎ The App offers two levels of user membership. The ‎first level is a free membership whereby Q5id Guardian volunteers (“Q5id Guardian Volunteer(s)”) receive alerts about missing persons in the given Q5ID Guardian Volunteer’s geographic area so the Q5ID Guardian Volunteer can choose to ‎help join the search for missing persons. The second level is ‎a paid membership whereby Q5id Guardian+ subscribers (“Q5id Guardian+ Subscriber(s)”) are ‎able to upload information about their own loved ones so that they can issue alerts for their missing loved ones if ever needed. ‎If you are a Q5id Guardian+ Subscriber, you must have legal permission to, and you agree that you are legally permitted to, upload information about any and all individuals’ whose information you upload to the App.

3. Pre-Approval Requirements.

3.1 Identity Verification and Background Check. To ensure the Q5id Guardian community is a safe place, you must, prior to accessing or using the App, (i) prove your identity (by downloading and enrolling in the Q5id Proven ‎Identity Solution mobile software application and completing an identity check through the same), and (ii) pass a background check. These two ‎requirements are mandatory for all App users regardless of their level of membership.‎ If you do not successfully verify your identity and pass the background check, you are not be permitted to use the App.

3.2 Age Requirement. The App is intended for use by adults only. By using the App, you affirm that you (i) ‎are eighteen (18) years old or older; (ii) are a ‎resident of the United States; and (iii) have authority to agree to these Terms and are competent and ‎capable of understanding and complying with these Terms.‎

4. Your risks; disclaimers of our liability.

By clicking “ACCEPT” to access and use the App, you, on behalf of yourself and any entity you represent, if applicable, acknowledge and agree that ‎Q5id, its affiliates, subsidiaries, successors, and assigns, and each of their respective directors, officers, members, employees, and agents, will NOT BE RESPONSIBLE OR LIABLE in any manner for any injury, death, harm, costs, expenses, losses, damages, or other liabilities that may arise from any use of the App, including without limitation that may arise from any of the below-listed potential scenarios:

  • An individual is reported missing on the App, but in actuality, that individual is trying to escape an abusive environment, including without limitation, mental, physical, or sexual abuse.
  • An individual is reported missing on the App by an App user against whom that individual has a restraining order.
  • A child or incapacitated person is reported missing on the App and subsequently located by a parent/guardian who does not have custody of such child or incapacitated person.
  • One parent/guardian wants to find the missing child, but the other parent/guardian does not. The first parent/guardian reports the child missing on the App. The child is subsequently located by or returned to the second parent/guardian.
  • A Q5id Guardian+ Subscriber issues a false missing person alert through the App.
  • A Q5id Guardian+ Subscriber issues a missing person alert through the App, but the Q5id Guardian+ Subscriber is not the legal guardian of and/or is not permitted to provide information about the missing person.
  • When signing up for either level of App membership, Q5id requires potential users to first verify their identity and pass background checks. These measures are taken in an attempt to ensure App users ‎are not registered sex offenders. We cannot guarantee that our pre-approval process is 100% accurate; thus, a situation may arise where an App user (regardless of membership level) may be a predator.
  • A reported missing individual does not want to be found (regardless of reason) and becomes violent upon being located by a Q5id Guardian Volunteer or Q5id Guardian+ Subscriber.
  • A Q5id Guardian Volunteer or Q5id Guardian+ Subscriber is harmed while trying to locate a reported missing individual.
  • An individual is reported missing on the App, and Q5id Guardian Volunteers are unable to locate such individual.
  • A Q5id Guardian+ Subscriber creates a profile for an individual without the individual’s permission and/or otherwise without legal authority to do so.
  • A Q5id Guardian+ Subscriber creates a profile for an individual without the individual’s permission and/or otherwise without legal authority to do so, and the Q5id Guardian+ Subscriber subsequently submits a missing person report on the App for that individual (regardless of whether that individual is actually missing).
  • A Q5id Guardian Volunteer or Q5id Guardian+ Subscriber harms a third party or commits a crime while searching for a reported missing individual.
  • Any harm, personal injury, or death to a missing individual or an App user.
  • An App user misuses or disseminates information about an individual obtained through the App.

Further, by using the App, you acknowledge and agree that Q5id and the App are intended solely to help locate missing persons, but Q5id makes no representations, warranties, or guarantees that missing persons will be located as a result of use of the App or otherwise. Further, Q5id and the App provide no information, training, or guidance for how to address any issues that might arise either during a search for a missing individual or upon locating a missing individual. Please review below for additional disclaimers and limitations of liability.

5. License Grant.

Subject to your strict compliance with these Terms, Q5id hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the App solely in accordance with these Terms and solely for the following purposes:

5.1 If you are a Q5id Guardian Volunteer, you may use the App solely for the purpose of helping to find missing persons in your community.

5.2 If you are a Q5id Guardian+ Subscriber, you may use the App both to help locate missing persons in your community and to issue an alert if one of your loved ones goes missing.

6. Use Restrictions.

By using the App, you agree that you shall NOT at any time, directly or indirectly:

  • copy, download, distribute, or disseminate outside of the App, any information you obtain from within the App;
  • use the App or Documentation for any fraudulent or unlawful purpose or any purpose ‎prohibited by these Terms;
  • use the App or Documentation in any manner that may adversely affect Q5id’s resources or the ‎availability of the App to others, or in any way that disrupts the operation of the App or the ‎servers or networks that make the App available;‎
  • use the App or information obtained through the App to contact any person who (i) has a restraining order (or has filed for a restraining order) against you, or (ii) you are prohibited from contacting by any kind of court order or agreement;
  • submit or post any material or information to the App that (i) is illegal, obscene, threatening, harassing, slanderous, ‎defamatory, abusive, invasive of privacy; (ii) infringes, misappropriates, or otherwise violates ‎the proprietary or other rights of any person or entity; or (iii) contains software viruses, corrupted ‎data, cancel bots, or any other form of malicious software;‎
  • impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent ‎your affiliation with any person or entity, express or imply that Q5id endorses any statement or action that you ‎make or have made, or otherwise mislead as to the origin of any material or information you ‎submit to the App or in connection with your access to and use of the App, including without limitation, information submitted for pre-approval in accordance with Section 3 above;‎
  • violate the rights of any third party or breach any contract with or duty owed to any third party;‎
  • create a database by downloading and/or saving any content, material, or information ‎from the App;‎
  • use the App to design, develop, operate, support, market, distribute, or otherwise make available ‎any program, application, or service (including without limitation, any device, technology, product, ‎computer program, mobile application, website, or mechanical or personal service) that ‎enables or provides access to, use of, operation of, or interoperation with the App;‎
  • frame or mirror any portion of the App;‎
  • attempt to gain unauthorized access to the App. You may not attempt to defeat any security ‎measures that we take to protect the App;
  • use the App to harass, stalk, violate, or otherwise harm any person or their rights, or for any other improper, unlawful, or unauthorized purpose;
  • use the App or Documentation beyond the scope of the license granted herein;
  • copy, modify, translate, adapt, or otherwise create derivative works or improvements, whether in whole or in part, of the App or Documentation or any information or materials made available in the App;
  • combine the App or any part thereof with, or incorporate the App or any part thereof in, any other programs;
  • reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the App or any part thereof (unless allowed by law);
  • remove, delete, alter, or obscure any copyright, trademark, patent, or other intellectual property or proprietary rights notices, included on or in the App or Documentation;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the App or any features or functionality of the App available to a third party;
  • use the App or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule; or
  • use the App or Documentation for purposes of competitive analysis of the App or the development of a competing software product or service.

7. Security; Unauthorized Use by Third Parties; Notice.

While we try to maintain the security of the App, we do not guarantee that the App will be ‎‎secure. Additionally, third parties may make unauthorized alterations to the App. You agree to use commercially reasonable efforts ‎to prevent unauthorized access to, or use of, the App and shall notify Q5id in writing within seven (7) days of becoming aware of any unauthorized ‎access or use, or any other breach of security.

8. Responsibility for Use of App; Login Credentials.

You are fully responsible and liable for your use of the App and Documentation.‎ You shall not share or disclose your login credentials with or to any other individual or ‎entity. If you discover or suspect that your login credentials ‎have been accessed or used by anyone other than you, you must promptly change or reset ‎your password. You are responsible for maintaining the confidentiality of your login ‎credentials. You are responsible and wholly liable for all acts or omissions committed ‎under your login credentials. We will not be held responsible or liable for any losses, ‎damages, or liabilities you or any third party may incur as a result of someone else using ‎your login credentials, either with or without your knowledge. ‎

9. Fees for Q5id Guardian+ Subscribers.

As applicable for Q5id Guardian+ Subscribers, all fees for using the App are shown on the Q5id website or in ‎other Documentation. Fees are subject to change; provided, however, that if you pay an annual fee, ‎you will not be required to pay an increased fee until the next annual payment due date if you ‎choose to renew your right to use the App. All fees are payable in U.S. dollars. Payment ‎obligations are non-cancellable and fees paid are non-refundable. You are responsible for paying ‎all taxes and similar governmental assessments required by any jurisdiction, excluding taxes based ‎on Q5id’s net income.‎

10. Compliance Measures.

The App may contain technological copy protection or other security features designed to prevent unauthorized use of the App, including without limitation, features to protect against use of the App that is prohibited by these Terms. You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such technological copy protection or other security features.

11. Privacy.

For information on how we use and protect the personal information and automatically-collected ‎information collected through your use of the App, view our Privacy Policy here. Our Privacy Policy is hereby incorporated into and made a part of these Terms. Your use of ‎the App indicates to us that you have read and understand our Privacy Policy.‎

12. Modification of Terms.

We reserve the right to revise these Terms at any time. If we do so, we ‎will post the modified Terms on our website, and make the updated Terms available within our ‎App. Your use of the App ‎following such revision to these Terms constitutes your acceptance of ‎these Terms, as ‎amended.‎

13. Intellectual Property Rights.

You acknowledge and agree that the App is provided under license, and not sold, to ‎you. ‎You ‎do not acquire any ownership interest in or to the App or ‎Documentation, or any other rights in or ‎to the App or Documentation, other than the right to ‎use the App and Documentation in accordance with the license ‎expressly granted in these ‎Terms, which license is subject to all terms, conditions, and restrictions ‎of these Terms. For the avoidance ‎of doubt, Q5id and its licensors and suppliers reserve and shall retain all of their rights, ‎titles, and interests in and to the App ‎and Documentation, and all intellectual property rights arising out ‎of or ‎relating to the App and Documentation, subject only to the non-exclusive license expressly granted to ‎you in these Terms.

14. No representations, warranties, or guarantees; limitation of liability.

14.1 YOU USE THE APP AT YOUR OWN RISK. WE PROVIDE THE APP, DOCUMENTATION, ACCESS TO USER CONTENT‎‎ (DEFINED AND DISCUSSED BELOW)‎, AND ALL OTHER INFORMATION AND MATERIALS OBTAINED ON AND/OR COMPRISING THE APP “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND.

14.2 WE DISCLAIM ANY AND ALL RESPONSIBILITY FOR AND LIABILITY ARISING FROM OR RELATING TO DEATH, PERSONAL INJURY, LOSS, AND/OR PROPERTY DAMAGE TO ANY APP USER, INDIVIDUAL REPORTED MISSING THROUGH THE APP, OR OTHER PARTY. PLEASE ALSO SEE THE DISCLAIMERS IN SECTION 4 ABOVE; SECTION 4 IS INCORPORATED INTO THIS SECTION 14.

14.3 WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, AND GUARANTEES WITH RESPECT TO THE APP, DOCUMENTATION, USER CONTENT, AND ALL OTHER INFORMATION AND MATERIALS OBTAINED ON AND/OR COMPRISING THE APP, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SUITABILITY, TIMELINESS, RELIABILITY, SECURITY, SAFETY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, VALIDITY OF RIGHTS IN, AND TITLE. WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY THAT THE APP, DOCUMENTATION, USER CONTENT, AND/OR OTHER INFORMATION OR MATERIALS OBTAINED ON AND/OR COMPRISING THE APP WILL BE SAFE OR SECURE, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, UNINTERRUPTED, TIMELY, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE APP. Q5ID IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE APP, OR THE INTERCEPTION OR LOSS OF ANY DATA OR USER CONTENT TRANSMITTED TO OR FROM THE APP. We make no representation, warranty, or guarantee that communications through the App will be secure and not intercepted by a third party. Q5id shall have no responsibility or liability whatsoever for failure of or damage to electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data, theft, or errors. If User Content you post is confidential, defamatory, or otherwise violates the rights of third parties, you may be legally responsible for damages, and Q5id shall have no responsibility or liability for the same.

14.4 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PARAGRAPHS OR ANY OTHER DISCLAIMERS OR LIMITATION OF LIABILITY IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Q5ID, ITS SUBSIDIARIES, AFFILIATES, AND SUCCESSORS, ASSIGNS, AND EACH OF OUR AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND/OR AGENTS, WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, ENHANCED, EXEMPLARY, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS; LOSS OF USE; LOSS OF DATA; LOSS OF SECURITY OF YOUR INFORMATION; OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE, OR ANY OTHER MATTER RELATING TO, THE APP, DOCUMENTATION, USER CONTENT, OR OTHER INFORMATION OR MATERIALS ON AND/OR COMPRISING THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE SAME. IN ADDITION TO THE FOREGOING, THE APP IS NOT INTENDED FOR USE WHILE OPERATING A MOTOR VEHICLE OR HEAVY ‎EQUIPMENT, AND YOU ACKNOWLEDGE AND AGREE THAT Q5ID WILL NOT BE LIABLE IN ‎ANY MANNER FOR ANY COSTS, EXPENSES, HARM OR OTHER LIABILITIES THAT MAY ARISE FROM SUCH ‎USE.

14.5 THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS ARE A MATERIAL PART OF OUR AGREEMENT. It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain types of damages. Solely to the extent that such law applies to you, some of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. However, in all circumstances, our maximum aggregate liability for all damages, losses, and claims, whether in contract, tort (including without limitation negligence), or otherwise shall be USD 100.00. Notwithstanding the foregoing sentence, if applicable law prohibits the limitation or exclusion of a party’s liability with respect to death or personal injury caused by such party’s negligence, fraud, or any other matter, then such party’s liability will not be limited or excluded to the extent of such prohibition under such applicable law.

14.6 No statements, whether oral or written, made by any director, officer, member, employee, or agent of Q5id may be deemed as a representation or warranty on behalf of Q5id in contradiction to this Section 14 or any other provisions of these Terms.

14.7 In agreeing to the limitations of liability contained in these Terms, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of the limitations of liability to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to the limitations of liability. Without limiting the generality of the foregoing, you expressly waive California Civil Code § 1542 (and any similar laws in other jurisdictions), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

15. Indemnification by You.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Q5ID, ITS ‎AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR AND THEIR RESPECTIVE ‎DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FOR, FROM, AND AGAINST ANY AND ALL ‎CLAIMS, DAMAGES, LIABILITIES, LOSSES, JUDGMENTS, DEMANDS, AWARDS, FINES, AND COSTS AND ‎EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) DUE TO OR ARISING OUT OF (i) YOUR USE ‎OF OR ACTIVITIES IN CONNECTION WITH THE APP, DOCUMENTATION, USER CONTENT, OR OTHER INFORMATION OR MATERIALS OBTAINED THROUGH ‎THE APP; (ii) YOUR USER CONTENT, INCLUDING WITHOUT LIMITATION, THE DISPLAY OF YOUR ‎USER CONTENT ON THE APP AND/OR OUR USE OF YOUR USER CONTENT AS AUTHORIZED IN ‎THESE TERMS; (iii) YOUR INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF ANY THIRD-‎PARTY RIGHTS, INCLUDING WITHOUT LIMITATION, THE RIGHTS OF ANOTHER USER OF THE APP, MISSING PERSON, OR OTHER THIRD PARTY; ‎AND/OR (iv) YOUR VIOLATION OF THESE TERMS, OR ANY LAW, RULE, OR REGULATION, AND/OR ANY ‎BREACH OF YOUR REPRESENTATIONS OR WARRANTIES MADE IN THESE TERMS.‎

16. Export Regulation.

The App may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App or Documentation accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. Nothing in this Section 16 shall be deemed as permitting you to provide the App or Documentation to any third party whatsoever, which is prohibited by Section 6 above.

17. Electronic Communications.

When you access the App or send emails to us, you are ‎communicating with us electronically. ‎And you consent to receive ‎responsive communications from us electronically. ‎Unless otherwise set forth in these Terms, notices ‎to you may be made via postings through the ‎App, by email, or by regular mail, in our discretion, ‎and you agree that all agreements, ‎notices, disclosures, and other communications that we provide to ‎you electronically satisfy any ‎legal requirement that such communications be in writing. You agree that ‎a printed version of ‎these Terms and of any notice given in electronic form shall be admissible in ‎judicial or ‎administrative proceedings, based upon or relating to these Terms and/or your use of the ‎‎App, to the same extent and subject to the same conditions as other business documents and ‎‎records originally generated and maintained in printed form.‎

18. Feedback and Comments.

By submitting ideas, suggestions, or enhancement requests, ‎‎(collectively, “Contributions”) to Q5id through the App or otherwise, you acknowledge and agree that: (i) ‎the Contributions do not contain the confidential or proprietary information of you or any third party; ‎‎(ii) we are not under any obligation of confidentiality, express or implied, with respect to the ‎Contributions; (iii) we are entitled, but not obligated, to use or disclose (without notice or credit given ‎to you) such Contributions for any purpose, in any manner, and in any media, now known or hereafter ‎developed; (iv) we may have something similar to the Contributions already under consideration or ‎development, and we will own all rights, titles, and interests in and to what we create or develop without ‎use of your Contributions; (v) you hereby assign to Q5id all rights, titles, and interests in and to ‎your Contributions (and all copyright, trademark, trade secret, and other intellectual property rights ‎therein); and (vi) you are not entitled to compensation or attribution or acknowledgement of any kind for your Contributions.‎

19. Content You Submit Using the App.

19.1 Ownership of and Right to Use User Content. If you choose to post any information, content, or ‎comments (collectively, “User Content”) to any portion of the App where it is readily apparent that the User Content will be publicly available or available to other App users, you consent to our posting of such User Content, and you grant us permission to use (and to allow third parties to use) ‎such User Content in connection with the operation and use of the App and in connection with our business generally, ‎including without limitation, for our advertising and marketing purposes. You grant us the unrestricted, ‎perpetual, worldwide, transferable, sublicensable, royalty-free, fully-paid up, non-exclusive right ‎and license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, ‎reformat, and create derivative works based on your User Content; and to publish your name and city ‎of residence in connection with your submitted User Content (though we are under no obligation to ‎use your name or city of residence or to give you any attribution or credit for such User Content). You will not be paid for our use of your User Content. We are under no obligation to post ‎or use any User Content you provide, and we may remove any User Content at any time in our ‎discretion. We do not claim ownership of your User Content, unless otherwise expressly provided ‎through the App. You acknowledge and agree that we may have something similar already under ‎consideration or development, and we will own all rights, titles, and interests in and to what we create or ‎develop without use of your User Content.‎ YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ‎ANY THIRD PARTY FOR ANY USE OR MISUSE OF YOUR USER CONTENT BY ANY APP USER OR OTHER THIRD PARTY.‎

19.2 Conduct Relating to Your User Content. If you post User Content to any areas of the App where it is readily apparent that the User ‎Content will be publicly available, you agree that: ‎

  • you are solely responsible for the User Content you post. Upon your request, we may, but have no ‎obligation to, remove User Content that you post, but copies of User Content that you posted ‎might remain in our storage media. We retain the right to make archival and back-up copies of and ‎to store User Content you post (and drafts of User Content that you never actually post), ‎indefinitely. You agree, however, that we have no responsibility or liability for the deletion of or ‎failure to store or transmit this User Content;
  • you must not post User Content for unlawful purposes or to promote illegal activities. If you do, your ‎access to the App might be suspended or terminated, and we might notify law enforcement ‎authorities;
  • you may not post User Content using any automated means;
  • you must not create multiple accounts for yourself with the intent of exploiting our App;
  • we may or may not pre-screen your User Content before it is posted, and we have the right, but not ‎the obligation, in our discretion and without notice to you, to refuse to post your User Content;
  • we are not obligated to monitor the User Content posted to the App. We reserve the right, ‎however, to decide what to post and whether to remove any posts, without notice or liability to ‎the user who posted the User Content or any other App user;
  • by posting, you represent and warrant that you have the right to share your User Content, and that ‎our use of the User Content, as allowed in these Terms, and inclusion of the User Content on the ‎App, does not and will not infringe, misappropriate, or otherwise violate any third-party ‎copyright, trademark right, patent right, trade secret right, or any other proprietary right, privacy right, right of ‎publicity, or other third-party right. You shall be solely responsible and liable for any damages or ‎harm resulting from your posting of User Content to the App, and you agree to indemnify Q5id ‎according to Section 15 above;
  • user Content posted to the App is the responsibility of the posting user. User Content may be ‎offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. The views and opinions ‎expressed by users through the App are not necessarily our views. We are not responsible ‎for, we make no representations or warranties regarding, and we disclaim any and all ‎responsibility and liability for the User Content. You acknowledge and agree that your reliance on ‎User Content will be at your own risk; and
  • in the event that we refuse to post your User Content or remove your User Content for any reason, ‎we reserve the right to disclose such User Content as necessary to satisfy any applicable law, ‎regulation, or governmental request.‎

20. Infringement Policy.

We will remove User Content posted to the App if we believe in good faith that the User Content ‎is infringing a copyrighted work. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials on the App infringe your copyright, you may request removal of those materials from the App by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Identification of the copyrighted work you believe to have been infringed.
  • Identification of the material on the App you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, address, telephone number, and email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  • Your physical or electronic signature.

Our copyright contact to receive DMCA Notices is:
Attn: Copyright Agent
Q5id, Inc.
6799 NE Bennett St.
Hillsboro, OR 97124
[email protected]

If you fail to comply with all of the requirements above, your DMCA Notice might not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the App is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).

Counter Notification Procedures

If you believe that material you posted on the App was removed by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notice to our copyright contact above. The Counter Notice must include substantially the following:

  • An identification of the material that has been removed and the location of the App at which the material appeared before it was removed.
  • Adequate information by which we can contact you (including your name, address, telephone number, and email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed as a result of a mistake or misidentification of the material to be removed.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside of the United States, for any judicial district in which we may be found) and that you will accept service from the person (or an agent of that person) who provided us with the applicable DMCA Notice.
  • Your physical or electronic signature.

The DMCA requires us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you (the alleged infringer) within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the App was removed by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees).

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of App users who are repeat infringers.

21. Not Responsible for Accuracy of App Content.

We attempt to provide content through the App that is complete, accurate, and ‎current (excluding User Content, for which we are not responsible). Despite our efforts, the ‎content may occasionally be inaccurate, incomplete, or out of date. We make no ‎representation as to the completeness, accuracy, or timeliness of any content on the App.

22. Discontinuance and Modification; Termination.

22.1 Q5id Discontinuance and Modification. There is no guarantee that we will continue to offer or provide the App, and we may simply ‎suspend or discontinue the App (or any part thereof) at any time, for any reason, and without ‎notice to you. We have the right to remove any content from the App or to modify the App or its content at any time, for any reason, and without notice to you. ‎

22.2 Termination. We may, in addition to all other rights and remedies we have, terminate your access to and use of the App ‎if you breach any provision of these Terms or if we become aware that you have accessed or used the App in a manner that is not ‎expressly authorized by these Terms or that might harm Q5id or the public. Regardless of the cause or basis for ‎termination, you agree that we shall not be liable for any such termination, and you are not entitled to ‎compensation or damages of any kind as a result of the termination. Termination will not limit any of Q5id’s rights or ‎remedies under these Terms, at law, and/or in ‎equity. ‎Accessing the App after such ‎termination will constitute an act of trespass, among other potential claims.‎

22.3 Your Discontinued Use. You may discontinue use of the App at any time. These Terms will continue to apply to all past use ‎of the App, even if you are no longer using the App, whether voluntarily or because we ‎terminated your access.‎

22.4 Effect of Termination or Discontinued Use. Upon termination or your discontinued use of the App, regardless of how it occurs: (i) all rights ‎‎granted to you in these Terms will immediately and automatically terminate; (ii) you must ‎cease ‎all use of the App; and (iii) you acknowledge and agree that Q5id‎ may disable your access to the ‎App. Provisions of these Terms that by their nature or ‎express terms would reasonably be ‎expected to survive termination of these Terms and/or ‎the license granted hereunder shall ‎survive such termination.‎

23. Audit Rights and Enforcement.

We have the right, but not the obligation, at any time and with any frequency in our discretion, to ‎audit your use of the App to determine your compliance with these Terms. We have the right to ‎enforce these Terms, for any reason and by any means that we, in our discretion, ‎deem necessary or appropriate. We may cooperate with any legal process relating to your use of the ‎App and/or any third party claim that your use of the App is unlawful or infringes, ‎misappropriates, or otherwise violates any third party’s rights. We may, in our discretion and without ‎additional notice to you, start, stop, or modify any regulation or enforcement measures at any time.‎

24. Equitable Remedies.

To the extent you have violated or threatened to violate Q5id’s intellectual ‎property rights; violated or threatened to violate the security of any person, data, Q5id’s servers or ‎networks, and/or the App; and/or otherwise breached or threatened to breach these Terms, you ‎acknowledge and agree that such violation or breach will cause immediate and irreparable harm to ‎Q5id, and Q5id shall be entitled to injunctive or other appropriate relief, including without ‎limitation, specific performance (without the posting of a bond or other security and without proving ‎damages), and you agree that Q5id may seek such relief in any court of competent jurisdiction.‎

25. Governing Law; Venue.

These Terms, and any claim, dispute, or action relating to the App, will be governed by ‎the laws of the State of Oregon, without giving effect to any conflicts of laws principles. Any claims arising under this Terms must be brought in a federal or state court located in Multnomah County, Oregon‎, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any claim or defense that such forum is not convenient or proper.

26. U.S. Government Rights.

The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are the U.S. Government or any contractor therefor, you will receive only those rights with respect to the App and Documentation as are granted to all other end users under this license, in accordance with (i) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (ii) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.

27. General.

These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or ‎employment relationship between you and Q5id. You may not assign, transfer, or sublicense any or all ‎of your rights or obligations under these Terms without our express prior written consent. Q5id may assign its rights and duties under these ‎Terms to any party, at any time, and without notice ‎to you, unless required by law. ‎The waiver of any breach of or noncompliance with any provision of these Terms shall not ‎be ‎construed as a waiver of any subsequent breach of or noncompliance with the same or any ‎other ‎provision of these Terms, nor shall any delay or omission on the part of either ‎party to exercise or ‎avail itself of any right or remedy that it has hereunder, ‎operate as a waiver of any ‎right or remedy.‎ The parties do not intend to confer any right or remedy on any ‎third party. If any provision of these Terms is held to be illegal or unenforceable, then the meaning ‎of said provision will be construed so as to render the provision legal and enforceable. If no ‎feasible interpretation would save such provision, it will be removed entirely, and the remainder of ‎these Terms will remain in full force and effect. Q5id shall not be liable for, and will not be ‎considered to be in breach of these Terms, on account of any delay or failure to perform any ‎obligation due to causes beyond Q5id’s control. These Terms constitute the sole and entire agreement between you and Q5id with respect to the subject matter contained herein, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter herein. Nothing ‎contained in these Terms is in derogation of our right to comply with governmental, ‎court, and law ‎enforcement requests or requirements. ‎

28. Filtering.

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying some current providers of such protections is available at: http://getnetwise.org and http://onguardonline.gov. We do not endorse any of the products or services listed at these sites. Further, this notice shall not constitute an admission by Q5id that any content in the App is harmful to minors. FURTHER, THIS NOTICE IS NOT AN ADMISSION THAT THE APP IS INTENDED FOR USE BY MINORS. RATHER, ONLY USERS 18 YEARS OLD OR OLDER MAY USE THIS APP.

29. California Consumer Rights Notice.

Under California Civil Code Section 1789.3, App users who are California residents are ‎entitled to the following consumer rights notice: The provider of the App and associated ‎services is Q5id, Inc. with its principal address at 6799 NE Bennett St., Hillsboro, OR 97124 and 503-208-7607. As of the Effective Date ‎of these Terms, no direct charges are imposed upon Q5id Guardian Volunteers for use of the App. As of the Effective Date of these Terms, Q5id Guardian+ Subscribers are charged $3.99 per month for use of the App. If you are a California resident, you may report complaints with the services provided ‎through this App or request information regarding the services from the Complaint ‎Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs ‎by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by ‎phone at (800) 952-5210. We request that you first report complaints directly to us and try to ‎resolve them with us before contacting the Complaint Assistance Unit.‎

30. Contact Us.

If you have any comments or questions about these Terms or the App, please contact us via the Contact page on the Website or at:

Q5id Privacy & Data Protection
6799 NE Bennett St.
Hillsboro, OR 97124