Qbit

Qbit Terms of Service Agreement

Last updated: July 21st, 2026

Welcome to Qbit! Qbit is an artificial intelligence ("AI") powered search engine and assistant that helps you search for information, draft content, set calendar reminders, play games, receive tutoring, conduct research, and perform other tasks (collectively, the "Services"). The Services are generally made available through our progressive web application (the "App"), and include any content, tools, features, and functionality offered thereon. These terms of service (this "Agreement" or "Terms") constitute a legal agreement between you and MyQbit, LLC ("Qbit," "Company," "we," "our," or "us") governing your access to and use of the Services.

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS AND USE THE SERVICES.

For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity, then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE COMPANY'S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU WAIVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 16. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.

1. Privacy Notice

You furnish information to Qbit in connection with creating your account and using the Services, including your name, email address, and other personal details. Your privacy rights, including any rights you may have under applicable state or federal privacy laws, are governed by our Privacy Notice at https://qbit.app/?page=privacy. Please review the Privacy Notice for information regarding the collection, use, and disclosure of your personal information and how to exercise any applicable privacy rights.

2. Electronic Communications

By creating an account and using the Services, you affirmatively consent to receive all communications, agreements, notices, disclosures, and other information from Qbit electronically, including by email, through postings on the App, and through in-app notifications (collectively, "Electronic Communications"). This consent covers all legally required communications, including those relating to any material changes to these Terms or our Privacy Notice. Electronic Communications satisfy any legal requirement that such communications be made in writing, to the fullest extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and applicable state law. You agree that Qbit may rely on the email address associated with your account as a valid address for delivery of Electronic Communications, and it is your responsibility to keep your email address current and accurate. You may withdraw your consent to receive Electronic Communications at any time by contacting us at support@qbit.app; however, withdrawal of consent may result in the termination of your account and access to the Services, as electronic delivery is integral to Qbit's ability to provide the Services.

3. Eligibility and Age Requirements

The Services are intended for individuals who are at least 13 years of age. If you are under 13 years of age (or the minimum age required in your country), you may only use the Services through a parent-managed account created by your parent or legal guardian. If you are between 13 and 18 years of age, you must review and agree to these Terms, and your parent or legal guardian must also consent to these Terms and agree to be bound by them on your behalf. Your parent or legal guardian is responsible for your use of the Services. By accessing or using the Services, you represent and warrant that you meet the applicable age requirements and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other entity, you represent and warrant that you are authorized to bind that entity to these Terms.

4. The Services

4.1 Input and Output

  1. As a part of the Services, you can input, upload and submit data via voice, text, photos, videos, audio recordings, documents in a variety of formats, database records, and other information and materials (collectively "Input") to Qbit. Qbit will use artificial intelligence tools and functionalities to generate responses and/or perform tasks (collectively "Output") based on your Input. All Input will be deemed your "Content" under these Terms.
  2. In submitting Content to Qbit, you represent that you have all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow Qbit to use) such Content in connection with the Services. You represent and warrant that your submission of Content in connection with your use of the Services, including Qbit's use thereof to generate Output, will not breach any law, copyright, or any third party's terms and conditions associated with such Content.
  3. Qbit does not use your Input, Output, or your interactions with the Services to train or develop AI models, except that anonymized, aggregated data from adult users may be used to improve the Services if you choose to opt-in. We do not use data from users under the age of 18 to train or develop AI models. Your Content may be processed by Qbit and its service providers solely as necessary to provide the Services to you. For more information about how we handle your information, please refer to our Privacy Notice.

4.2 Image Rights and Likeness Consent

If you use features of the Services that transform, edit, or modify photographs or images depicting real individuals, you represent and warrant that: (i) you have all necessary rights, consents, and permissions to use, transform, and modify such images; (ii) you have obtained the consent of any identifiable individual depicted in such images for the intended use; and (iii) your use of such features will not violate any third party's rights, including privacy, publicity, or intellectual property rights. Qbit may require you to affirm these representations before processing certain image transformation features.

4.3 Parental Controls and Reports

  1. Parental controls and reports, as modified or expanded from time to time, are for use by parents (the term being inclusive of guardians and others who have supervisory responsibilities of minors) to help them monitor and oversee the activities of their children who use Qbit. You acknowledge and agree that Qbit controls and reports are provided as a convenience feature and do not substitute for the need of parents to directly supervise, monitor, and control their children's devices, apps, use and activity. You are solely responsible for determining whether the parental controls and reports meet your needs, and you assume all responsibility for your child's use of the Services. Qbit does not guarantee that the parental controls and reports will prevent all inappropriate content or activity, and you acknowledge that no service can provide a completely safe environment. If your child encounters errors, inappropriate Output, or other issues while using Qbit, you understand that Qbit's liability is limited as set forth in Section 13 of these Terms.
  2. Users under the age of 18 are prevented from disabling SafeSearch. SafeSearch is an automated feature designed to help filter out inappropriate, explicit, or graphic content (such as pornography and violence) from Output. You acknowledge and agree that while Qbit uses reasonable efforts to filter such Output, SafeSearch may not be completely effective in all circumstances. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QBIT DISCLAIMS ALL WARRANTIES REGARDING THE EFFECTIVENESS OF SAFESEARCH AND SHALL NOT BE LIABLE FOR ANY CONTENT THAT IS NOT FILTERED BY SAFESEARCH.
  3. If you create a parent-managed account for a user under 18 (or the minimum age required in your country) and allow them to use our Services, you agree that you are solely and exclusively subject to these Terms and responsible for your child's account and all activity on the Services.
  4. If you are a parent creating a parent-managed account for a child under 18, you represent and warrant that you are the child's parent or legal guardian and that you consent to the collection and use of your child's information as described in our Privacy Notice. We comply with the Children's Online Privacy Protection Act (COPPA) and other applicable laws governing the collection of personal information from children. We do not knowingly collect personal information from children under 18 without verifiable parental consent. If we learn that we have collected personal information from a child under 18 without parental consent, we will delete that information. For more information about our data practices regarding children, please see our Privacy Notice.

5. User Accounts, Query Credits for Genius Level Ad-Free Output

5.1 Creating and Safeguarding Your Account

To use certain features or tools of the Services, you must create an account by providing accurate, current, and complete information, including a username and password. You agree to promptly update your account information as needed to keep it accurate and complete. You are solely responsible for safeguarding your login credentials and for all activities that occur under your account. You agree to promptly inform Qbit of any unauthorized use of your username, password, or any other security breach related to the Services by contacting Qbit via email at support@qbit.app. Qbit may suspend or disable accounts it reasonably suspects contain inaccurate information, are fraudulent, or are compromised, and may investigate suspected violations and cooperate with law enforcement. Under no circumstances may you use another person's account without their permission.

5.2 Paid Services

Operating and providing the Services is expensive, so although we endeavor to make many of our Services available for free to you, this may be partially or fully offset by including advertisements "ads" in the Output, by using less powerful AI models, resources and processors, and/or by limiting the things you can do on and with Qbit. For an advertisement-free experience, as well as to access more powerful (aka "genius level") AI models, resources and processors, you can acquire query credits which the system uses to provide the best Output possible and the best ad-free experience. "Query credits" are not to be confused with AI "tokens", which are not relevant to you as a user of the Services (even though very relevant to us in the backend operations and costs of the Services); with Qbit, one query credit provides for one standard request, instruction or interaction (aka "prompts") regardless of the nature of the query when it is coupled with standard types of Input and results in delivery of standard types of research, interactions, or unconstructed Output, while requests for, and delivery of constructed Output such as photo or image creation, video creation or editing, writing software, exceptionally detailed research (e.g. medical or legal reviews of images, documents, as well as other types of specialized research) or reviews, or extended interactions will require more credits. Query credits can be bought in packs as made available in the App settings, they never expire, are nonrefundable, and nontransferable and will only disappear (be forfeited) in the event your account is deleted or is inactive for more than eighteen months. If auto-replenish is enabled then you agree that we may use your credit or debit card information on file to automatically "top up" your query credits to the same threshold as your most recent purchase anytime your credits drop below 25% of the amount of credits last purchased. We reserve the right to change our pricing plans and query credit requirements on various prompts upon reasonable notice to you. Query credit plans and pricing may vary by geographic region and by types of persons using the Services, also via access methods (e.g. App vs APIs), and there is no guaranty or obligation that plans and pricing offered to others will also be offered or made available to you.

6. No Advice Given

You unconditionally acknowledge and agree that Qbit does NOT provide advice, regardless of the form or manner in which results to query prompts and requests are delivered, or the characterization thereof. The Services simply compile and analyze information available in the large language models ("LLMs") and decisioning and search systems that the Services tie into via application programming interfaces ("APIs"). Those systems, and hence Qbit, will always be relying on imperfect and incomplete datasets, and flawed decisioning models. Thus, any and all responses of any type, including but not limited to those related to medical, legal, finance, accounting, regulatory, psychology, education and other things are based upon flawed data and flawed decisioning processes and algorithms. You agree that you will NEVER take any action(s) nor make any decisions based upon Qbits Output and will ALWAYS solely and exclusively rely on your properly licensed professional advisors, including but not limited to lawyers, accountants, financial planners, brokers, travel agents, teachers, doctors, insurance agents, construction contractors, real estate agents, city, state and federal officials, law enforcement, etc.

7. Language Translations

You understand and acknowledge that Qbit uses and relies on backend third-party artificial intelligence ("AI") tools for a variety of things, including but not limited to both static and dynamic language translations of our App and all Input and Output, as well as the qbit.app website. We may also use AI to endeavor to automatically translate Content posted by you and by others into the language setting Qbit sees in your or the recipients browser or phone settings, or as you or they may have set elsewhere, so that you and they can view text, and possibly even hear audio (or view subtitles) in your/their set language even when the original Content was posted in a different language. These tools are imperfect; translations will have errors including but not limited to both context, syntax and meaning. You unconditionally acknowledge and accept this and release us from any problems, issues, or misunderstandings you may have, and from all liability of any type from such problems, issues, or misunderstandings. Translation errors will undoubtably be part of your experience on Qbit from AI-translated Content that originates from or is delivered in a different language than you.

8. Third-Party AI Platforms

The Services utilize and integrate via application programming interfaces and other technologies with third-party artificial intelligence platforms, large language models, and other automated technologies provided by third parties ("Third-Party AI Providers"). Your Input and Output are defaulted to "not shared" (aka "opt-out") with Third-Party AI Providers for purposes of training their AI models, you can change this and, via your account settings, choose to opt-in to anonymous use of your responses. Qbit is not responsible for the content, accuracy, data practices, or availability of Third-Party AI Providers.

9. Rights We Grant You

9.1 Right to Use Services

We hereby permit you to use the Services for your personal, non-commercial use only. 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, 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, disruption of integrations with third party service providers, periodic software updating, and other actions that we, in our sole discretion, may elect to take with no advance or public notice required.

9.2 Restrictions On Your Use of the Services

You may not do any of the following in connection with your use of the Services:

  1. copy, download, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, or sell any Content or information obtained from the Services, except as expressly permitted by these Terms;
  2. reverse engineer, decompile, disassemble, or decode the Services or any underlying technology, idea, or algorithm, or attempt to do the same;
  3. use, reproduce or repurpose any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
  4. use automation software (bots), hacks, modifications (mods) or any other third-party software that can modify, disrupt or disable the Services;
  5. exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
  6. access or use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party's use of the Services;
  7. attempt to gain unauthorized access to the Services, other users' accounts, or any connected computer systems or networks;
  8. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services, third-party systems or third-party content;
  9. use any robot, spider, scraper, or other automated means to access the Services or collect data from the Services, except with Qbit's prior written consent;
  10. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
  11. submit, post, or transmit any content that is unlawful, defamatory, obscene, violent, pornographic, harassing, abusive, hateful, or invasive of privacy or publicity rights, or use the Services to incite, promote, or facilitate violence or criminal activity;
  12. misrepresent your identity or affiliation in any way;
  13. restrict or inhibit any person from using the Services, disclose personal information obtained from the Services, or collect information about users of the Services;
  14. allow any other person to use the Services with your registration or login information;
  15. breach or otherwise circumvent Qbit's security or authentication measures;
  16. send or otherwise transmit to or through the Services chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;
  17. use the Services, Content, or Output to develop, train, fine-tune, benchmark, or validate any machine learning or artificial intelligence system, or for text or data mining, without Qbit's prior written consent;
  18. use the Services to create, distribute, or share deepfakes or other synthetic media depicting any person without their consent, or that is intended to deceive, defraud, harass, or harm any person;
  19. attempt to circumvent, disable, or interfere with any safety measures, content filters, guardrails, or other protective features in the Services or underlying AI models, including through prompt injection, jailbreaking, or similar techniques;
  20. violate any applicable law or regulation in connection with your access to or use of the Services; or
  21. access or use the Services in any way not expressly permitted by these Terms.

9.3 Use of the App

You are responsible for providing the device(s), including but not limited to mobile phones, tablets and laptops, and their associated wireless service plans, software, Internet connections and/or other equipment or services that you need to 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 are solely responsible for any fee, cost or expense that you incur to install and/or use the App on your device(s), including for your receipt of Push Messages from Qbit.

9.4 SMS/MMS Mobile Messaging

Qbit may offer a mobile messaging program through which you may receive SMS/MMS messages. By opting in to receive text messages from Qbit, you agree to the following:

  1. User Opt-In. By providing your mobile phone number you are opting-in to receive SMS/MMS messages you consent to receive Qbit informational updates, security updates, alerts for your children's activities (if any), marketing and transactional SMS/MMS messages at the phone number you provide, even if your number is listed on a state or federal Do Not Call list. Message and data rates may apply.
  2. User Opt-Out. To opt-out of receiving SMS/MMS messages from Qbit, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any SMS/MMS message from us. You may also reply HELP to any SMS/MMS message for assistance. You may receive one (1) confirmation message following your opt-out request.
  3. Duty to Notify. If you intend to stop using the mobile telephone number used to subscribe to our messaging you agree to opt-out before discontinuing use of that number. You shall indemnify, defend, and hold us harmless from any claim or liability resulting from your failure to notify us of a change in your mobile number, including any claim under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or similar laws.
  4. Program Details. The messaging program involves recurring SMS/MMS messages. Message frequency may vary based on your interactions with us. The program is offered on an "as-is" basis and may not be available in all areas or at all times. We are not liable for any delays or failures in receipt of SMS/MMS messages. You must have a wireless device capable of two-way messaging and be a wireless service subscriber with SMS/MMS messaging service to participate.

10. Ownership of Intellectual Property, Copyrights and Trademarks

10.1 Ownership of the Services

The Services, including the "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Qbit 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.

10.2 Ownership of Trademarks

Our legal and trade names, including but not limited to Qbit and MyQbit, as well as all trademarks, logos and all related names, logos, product and service names, designs, taglines and slogans are the property of the Company or our affiliates or licensors.

10.3 Your Content

  1. In order to provide the Services, you hereby grant us license rights in and to your Content so that the things we do in operating the Service are not considered copyright or any other 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, modify and create derivative works of your Content, solely for the purpose of providing and operating the Services. This includes you hereby giving us the right to reproduce, create, transmit, display, publish and distribute Output based on your Input. You agree that these rights and licenses are royalty free, worldwide, and continue for so long as necessary to provide the Services to you. We may share your Content with service providers (such as hosting providers, translation services, and infrastructure providers) solely as necessary to provide the Services.
  2. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, modify, moderate 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 all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your Content. You agree that your Content, and our rights to modify it including creating derivative works and including such in Output will not violate any persons copyright or other proprietary rights.
  3. Feedback. If you provide Qbit with any feedback, suggestions, ideas, or proposals regarding the Services ("Feedback"), you grant Qbit a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback for any purpose without compensation or attribution to you. You acknowledge that Qbit is under no obligation to use any Feedback and that Qbit may have developed or received similar ideas from other sources.
  4. Social Media Content. By tagging Qbit or using designated hashtags on social media platforms, you grant Qbit a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content for marketing and promotional purposes, subject to the terms of the applicable social media platform.

10.4 Notice and Procedure for Making Claims of Copyright Infringement (DMCA)

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA). If you believe that content or material on our App or Services is unlawfully infringing a copyright owned by you, and wish to have the allegedly infringing material removed or access to it blocked, you must provide notice to our Copyright Agent at:

MyQbit LLC
Attention: Copyright Agent
9811 W Charleston Blvd, Suite 2-856, Las Vegas, NV 89117
Email: legal@qbit.app

Please ensure that your notice includes: (i) identification of the copyrighted work(s) claimed to have been infringed; (ii) identification of the supposedly infringing material that is to be removed; (iii) information reasonably sufficient to permit us to locate the material on the Services; (iv) your address, telephone number, or email address; (v) a statement that you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law; (vi) a statement that, under penalty of perjury, the information in the notification is accurate and where relevant you are authorized to act on behalf of the copyright owner; and (vii) your physical or electronic signature.

A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide our Copyright Agent a notice containing the following: (i) identification of the supposedly infringing material that is to be removed; (ii) a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and (iv) the signature, physical or electronic, of you or a person authorized to act on your behalf.

We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification, and inform the complaining party that we will restore the removed or disabled content within ten (10) to fourteen (14) business days. If we do not receive notice that a lawsuit has been filed within ten (10) to fourteen (14) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. It is Qbit's policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.

11. Third-Party Services and Materials, Links to Websites

11.1 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 third-party websites. Third-Party Materials include the open-source software or other third-party software, such as third-party large language models ("LLMs"), that are included in the artificial intelligence and machine learning models accessed or used by and through the Services. By using the Services, you acknowledge and agree that Qbit 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, LLM sources 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.

11.2 Links to Third-Party Websites

Qbit contains and will invariably deliver in prompt results links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Qbit and You explicitly agree that Qbit is not responsible for anything on any Linked Site; including, without limitation, anything published on a Linked Site, the safety of a Linked Site, any changes or updates to a Linked Site, nor even if a Linked Site is working appropriately. The appearance, availability, or your use of Linked Sites does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Qbit, its affiliates or any of its or their respective officers, directors, employees, contractors, partners, agents, representatives, licensors, suppliers, and service providers, successors and permitted assigns. You are personally responsible for viewing and abiding by the privacy policies and terms of use agreements posted at any Linked Site you visit. Furthermore, any activity or dealings with third parties linked to from the Platform, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party; Qbit shall not be deemed or held responsible nor liable for any part of any such activity or dealings.

11.3 Linking to the Services

You may create a link to the Services provided that the link does not portray Qbit or its Services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of Qbit's logos, trademarks, or other proprietary graphics as part of your link without Qbit's prior written consent. You agree to remove any link upon Qbit's request, in its sole and absolute discretion. Qbit reserves all rights and remedies available at law or in equity to enforce this provision.

12. Your Representations and Warranties

By using the Services, you represent and warrant the following:

  1. you meet the age eligibility requirements set forth in these Terms;
  2. you have the legal ability and authority to enter into these Terms with Qbit;
  3. the information you have provided to Qbit is accurate and complete;
  4. you will comply with any and all laws applicable to your use of the Services;
  5. you will not interfere with a third party's use and enjoyment of the Services;
  6. you will not interfere with or disrupt Qbit's security measures or the operation of the Services;
  7. if any information you provide to Qbit becomes inaccurate, incomplete, or otherwise false or misleading, you will immediately notify Qbit and update your account information;
  8. all Content you post is truthful, accurate, and does not violate any third-party rights or applicable law; and
  9. you will use the Services only for lawful purposes and in accordance with these Terms.

13. Disclaimers, Limitations of Liability and Indemnification

13.1 Disclaimers

  1. YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES, INCLUDING ANY OFFERINGS, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, QBIT, ITS AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (THE "COMPANY ENTITIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR:
    1. THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES;
    2. ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES;
    3. THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE;
    4. WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; AND
    5. THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, YOUR CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES.
    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.
  2. 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 FOR ANY OUTPUT, INCLUDING YOUR USE THEREOF. 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 OUTPUT FOR THEIR OWN PURPOSES.
  3. OUTPUT UNIQUENESS DISCLAIMER. YOU ACKNOWLEDGE THAT GENERATIVE AI SYSTEMS MAY PRODUCE SIMILAR OR IDENTICAL OUTPUT FOR DIFFERENT USERS WHO PROVIDE SIMILAR INPUT, OR EVEN FOR USERS WHO PROVIDE DIFFERENT INPUT. THE COMPANY ENTITIES MAKE NO REPRESENTATION OR WARRANTY THAT ANY OUTPUT WILL BE UNIQUE, ORIGINAL, OR EXCLUSIVE TO YOU. YOU AGREE THAT SUBSTANTIALLY SIMILAR OUTPUT PROVIDED TO OTHER USERS DOES NOT CONSTITUTE A BREACH OF THESE TERMS, AND YOU SHALL HAVE NO CLAIM AGAINST THE COMPANY ENTITIES BASED ON THE SIMILARITY OR IDENTITY OF OUTPUT PROVIDED TO YOU AND OUTPUT PROVIDED TO OTHER USERS.
  4. THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUMES 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.
  5. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, BIASED, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, AND YOU UNCONDITIONALLY AGREE THAT NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.
  6. AI HALLUCINATIONS AND FABRICATED INFORMATION. YOU ACKNOWLEDGE THAT GENERATIVE AI SYSTEMS, INCLUDING THE SERVICES, MAY PRODUCE OUTPUT THAT APPEARS FACTUAL BUT IS ACTUALLY FABRICATED, INVENTED, OR "HALLUCINATED" BY THE AI MODEL. SUCH OUTPUT MAY INCLUDE INVENTED FACTS, FICTIONAL CITATIONS, NON-EXISTENT SOURCES, FABRICATED QUOTATIONS, AND OTHER FALSE OR MISLEADING INFORMATION THAT THE AI PRESENTS WITH APPARENT CONFIDENCE. THE COMPANY ENTITIES MAKE NO WARRANTY THAT OUTPUT WILL BE FREE FROM HALLUCINATIONS, FABRICATIONS, OR ERRORS. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ANY FACTUAL CLAIMS, CITATIONS, SOURCES, OR OTHER INFORMATION CONTAINED IN OUTPUT BEFORE RELYING UPON OR ACTING UPON SUCH INFORMATION. THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY HARM, DAMAGE, OR LOSS ARISING FROM YOUR RELIANCE ON HALLUCINATED, FABRICATED, OR ERRONEOUS OUTPUT.
  7. DEEPFAKE DETECTION AND PREVENTION. QBIT HAS IMPLEMENTED AUTOMATED CONTENT MODERATION TECHNOLOGIES DESIGNED TO DETECT, FLAG, AND BLOCK THE CREATION OR DISTRIBUTION OF SYNTHETIC, MANIPULATED, OR ARTIFICIALLY GENERATED MEDIA COMMONLY KNOWN AS "DEEPFAKES." YOU ACKNOWLEDGE AND AGREE THAT:
    1. SUCH DETECTION TECHNOLOGIES ARE NOT INFALLIBLE AND MAY NOT IDENTIFY ALL DEEPFAKE OR SYNTHETIC CONTENT;
    2. THE COMPANY ENTITIES MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL SUCCESSFULLY PREVENT THE CREATION, DISTRIBUTION, OR RECEIPT OF DEEPFAKE CONTENT;
    3. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE AUTHENTICITY OF ANY CONTENT YOU RECEIVE, VIEW, OR RELY UPON THROUGH THE SERVICES; AND
    4. THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY HARM, DAMAGE, OR LOSS ARISING FROM DEEPFAKE OR SYNTHETIC CONTENT THAT IS CREATED, DISTRIBUTED, OR RECEIVED THROUGH THE SERVICES, WHETHER OR NOT SUCH CONTENT WAS DETECTED OR BLOCKED BY QBIT'S CONTENT MODERATION SYSTEMS.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO DEEPFAKE DETECTION AND CONTENT MODERATION TECHNOLOGIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
  8. AI SERVICE AVAILABILITY AND CHANGES. QBIT RELIES ON THIRD-PARTY AI MODELS, INFRASTRUCTURE, AND SERVICE PROVIDERS TO DELIVER THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT:
    1. THE AI MODELS AND FEATURES USED BY THE SERVICES MAY CHANGE, BE UPDATED, MODIFIED, OR DISCONTINUED AT ANY TIME WITHOUT NOTICE;
    2. SUCH CHANGES MAY AFFECT THE QUALITY, CAPABILITIES, OR NATURE OF OUTPUT;
    3. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE DUE TO SCHEDULED OR UNSCHEDULED MAINTENANCE, UPDATES, OR THIRD-PARTY SERVICE DISRUPTIONS; AND
    4. THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY CHANGES TO AI MODELS OR FEATURES, OR FOR ANY SERVICE INTERRUPTIONS OR DEGRADATION IN SERVICE QUALITY.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ENTITIES DISCLAIM ALL LIABILITY ARISING FROM CHANGES TO AI MODELS, FEATURES, OR SERVICE AVAILABILITY.

13.2 Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES (INCLUDING ANY OUTPUT) OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, 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. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; TO THE EXTENT SUCH LAWS APPLY, THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. 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 TWELVE (12) 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.

13.3 Indemnification

By entering into these Terms and accessing or using the Services and to the extent permitted by law 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 wilful 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, provided that Company shall not agree to any settlement that imposes any obligation on you beyond the payment of money without your prior written consent. Nothing in this Section shall require you to indemnify any Company Entity for claims arising solely from your lawful exercise of rights under applicable privacy or data protection laws, including the California Consumer Privacy Act.

14. Term and Termination

This Agreement will remain in full force and effect while you use the Services. You may terminate your use at any time and for any reason. Qbit may block or terminate your access to or use of the Services, change or delete your account(s), change your profile name (aka member name or username), and/or delete your Content at any time and without reason, with no notice required. Even after this Agreement is terminated, all provisions will remain in effect for anything related to the time you used the Services.

15. Statute of Limitations

TO THE EXTENT PERMITTED BY APPLICABLE LAW, you and Qbit agree that regardless of any statute or law to the contrary, any dispute under these Terms, including any claim or cause of action against Company Entities, must be commenced or filed within one year from the date the event occurred which forms the basis of the claim, and that after this one year period the dispute or claim is permanently barred. Any post-event conversations and activities do not in any way toll, extend or affect this limitation.

16. Binding Arbitration, Applicable Law and Venue, Class Action Waiver, Attorneys Fees

PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

16.1 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 thirty (30) calendar 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.

16.2 Arbitration Agreement and Class Action Waiver

Agreement to Binding Arbitration. YOU AND QBIT MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate ("Arbitration Agreement") is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, including both the FAA's procedural and substantive provisions. If the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including the procedural and substantive provisions of Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. For the avoidance of doubt, a court may neither refuse to enforce this Arbitration Agreement, nor refuse to stay arbitration proceedings, pursuant to state law that is inconsistent with the FAA or Delaware law (including, for example, pursuant to California Code of Civil Procedure § 1281.2(c).) This Arbitration Agreement survives after the Agreement terminates or your relationship with Qbit ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to any and all Claims (defined below) between you and Qbit as well as between you and any of our successors and assigns, employees, agents or shareholders. This Arbitration Agreement also applies to claims between you and Qbit's service providers, including but not limited to background check and identity verification providers, language translation service providers, and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A "CLAIM" AND COLLECTIVELY, "CLAIMS") SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Qbit Platform, and/or any goods or services made available through the Qbit Platform by Qbit or a third-party provider, your relationship with Qbit, the threatened or actual suspension, deactivation or termination of your User account or this Agreement, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by Qbit and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND QBIT ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

Rules Governing Arbitration. Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by JAMS pursuant to an arbitration in Las Vegas, Nevada before one arbitrator. The arbitration shall be administered pursuant to JAMS Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, including Rules 16.1 and 16.2 of those Rules. Copies of these rules are located at: https://www.jamsadr.com/rules-download. Judgment on the Award may be entered in any court having jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of JAMS Rules, but in no event, unless you and Qbit agree otherwise, shall the arbitrator consolidate more than one person's Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator, forum, and/or third party neutral upon mutual written agreement. If JAMS is unable or unwilling to administer the arbitration under this Arbitration Agreement, you and Qbit will select another arbitration provider, forum, and/or third party neutral upon mutual written agreement. If there is no agreement, a court will do so.

Attorney's Fees. In any arbitration arising out of or related to this Agreement, the arbitrator shall have the discretion to award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration, to the extent authorized by applicable law.

No Opt-Out. You agree to waive your right to opt-out and not be bound by these arbitration provisions. The App is a private service operated by MyQbit LLC, a privately-held company, and you agree there is no mandatory requirement that the Services be provided to you, and you acknowledge and agree that you are free to use other AI services operated by a myriad of other providers, many of whom may not have as stringent arbitration and/or class action provisions as we do. So in the event that you do not agree to these arbitration and/or class action provisions then you agree that your sole and exclusive remedy is, quite simply, to not use Qbit.

WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING ("CLASS ACTION"). YOU AND THE COMPANY AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND THE COMPANY EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND THE COMPANY AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON'S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE EXCEPTIONS CLAUSE ABOVE. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.

17. Additional Provisions

17.1 Modifications to These Terms

Qbit may modify these Terms from time to time. When we do so, we will display the "Last Updated" date at the top of these Terms. If we make changes to these Terms, we will provide you with notice by (a) posting a notice on the App and on www.qbit.app, and (b) sending an email to the email address associated with your account. Any modifications will take effect fourteen (14) days after being posted. For material changes that significantly affect your rights or obligations under these Terms, we will require your affirmative acceptance of the updated Terms before you may continue to access or use the Services. Unless specified otherwise, any new content, services, or features incorporated into the Services are bound by these Terms upon their posting. The current Terms governing your use of the Services can be found via the "Terms of Service" link in the footer on www.qbit.app. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. If any portion of the then-current Terms is unacceptable to you, you agree to discontinue your use of the Services.

17.2 Termination of License and Your Account

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 you may be prohibited from re-registering for the Services. 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 obligated or 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.

17.3 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.

17.4 California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to 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 telephone at (800) 952-5210.

17.5 Miscellaneous; Assignment

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder, as well as your account and any or all of your Content may be assigned by the Company to (a) an affiliate, (b) an acquirer of all or substantially all of the Company's assets or equity, or (c) a successor by merger or reorganization; provided that any such assignee agrees to be bound by these Terms. You may not assign these Terms 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 us 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. 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 Section 16, or if arbitration does not apply, then the state and federal courts located in Las Vegas, Nevada. 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.

17.6 Language

It is expressly agreed that it is the will of both Qbit and you that this Agreement, as well as the Privacy Notice, have been drawn up in English.

17.7 No Waiver

No delay or omission by Qbit in exercising any right or power under these Terms, or in objecting to any failure of a covenant by you, shall impair such right or power or be construed as a waiver of any subsequent breach or default. Any waiver by Qbit must be in writing and signed by an authorized representative of Qbit to be effective.

17.8 Export Compliance

The Services may be subject to U.S. export control laws and regulations, including the Export Administration Regulations. You agree not to export, re-export, or transfer the Services or any technical data received through the Services, directly or indirectly, to any country, entity, or person prohibited by U.S. law, including any country subject to U.S. trade sanctions or embargo. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any prohibited party list.

17.9 How to Contact Us

You may contact us regarding the Services or these Terms directly via the App or by writing to us at support@qbit.app.

17.10 Entire Agreement, Severability and Force Majeure

This Agreement, together with the Privacy Notice, represents the entire agreement between you and Qbit concerning access to and use of the Services, and supersedes all previous agreements, negotiations, representations, and communications, whether oral or written. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances or causes beyond a party's reasonable control, including but not limited to acts of God, weather, labor disputes, power outages, governmental actions, emergency directives, or third-party system failures.

17.11 Future Features

Qbit may, in its sole discretion, introduce additional features, tools, or functionalities to the Services from time to time, including but not limited to messaging, group collaboration (e.g. research, gaming, travel planning, education, etc) or other features. Any such new features will be subject to these Terms and any additional terms that Qbit may require. Qbit is under no obligation to introduce any particular feature or to maintain the availability of any feature once introduced.