Terms of Use

Released: Sunday, 1 August 2023

The policies herein are effective.

These Terms of Use are effective immediately for unregistered users and users registering accounts or otherwise acknowledging acceptance of these terms on or after the revision date. For other users who registered accounts before the revision date, it will become effective thirty (30) days after the revision date.

These Terms of Use (the "Terms") govern your access to and use of QiSquared AG websites, emails, desktop application and mobile applications (together “our e-Services”.

These Terms also include our published (and declared as in effect) Privacy and Cookie policies. By accessing and using our e-Services, you agree to comply with these Terms. If you are using our e-Services on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use our e-Services if you do not agree to the version of the Terms posted on our e-Services at the time you access our e-Services.

The terms “QiSquared”, "we", "us" and “our” shall mean the following entities:

QiSquared AG (including Subsidiaries), a Swiss corporation with offices in Aargau, Switzerland

Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

1.   Eligibility to Use our e-Services

A. To access or use our e-Services, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use our e-Services. Except as set forth above, or as otherwise approved by us, our e-Services is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use our e-Services if we have terminated your account or banned you.

2.   Your e-Services Account

i.    our e-Services Account. In order for you to create an e-Services account, we require that you provide a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected, and your account may be disabled. Other registration requirements may also apply. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by our e-Services at any time. When you set up an individual user account on our e-Services, we create a member profile (a "Profile") for you that will include personal information you provide. We will update your Profile with information we extract from uploads interactions on our e-Services. You may permit us to share information in your Profile. Subject to visibility settings that you control, subscribers to services we may introduce will be able to view information in your Profile. Because your anonymity on our e-Services is important, your Profile does not include or link to comment information you submit into our e-Services. However, we may ask you to provide, and we may subsequently collect if you agree to provide, certain categories of sensitive personal information (e.g., race/ethnicity, sexual orientation). You may also can associate this sensitive personal information (and some non-sensitive personal information) with your online interactions. The intended use for this data will be disclosed in detail at the time of collection; please be aware that you do not have to share your personal information beyond the level you feel comfortable. You can read more about our diversity and inclusion privacy efforts in our Privacy Policy.

ii.    Social Sign Up and Sign In. You may be able to register an account and subsequently access our e-Services through a social networking site ("Social Networking Site"). If you access our e-Services through a Social Networking Site you agree that we may access, make available through our e-Services, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through our e-Services via your account and your Profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access our e-Services, personally identifiable information that you post to that Social Networking Site may be displayed on our e-Services.

Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.

3.   Using our e-Services

i.    Third-Party Content on our e-Services. Content from other users, advertisers, and other third parties is made available to you through our e-Services. "Content" means any work of authorship or information. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.

In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on our e-Services. For more information, please see FAQs.

ii.    House Rules. You represent and warrant that you will use our e-Services solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on our e-Services ("Your Content"). You agree that by submitting or authorizing Your Content for use on our e-Services, you have reviewed and understood our published guidelines. You understand that you may expose yourself to liability if Your Content or other use of our e-Services violates applicable law or any third-party right.

You agree that you will not:

• Impersonate another person, or his or her email address, or misrepresent your current or former affiliation;

• Create user accounts under false or fraudulent pretences; create or use an account for anyone other than yourself; or create multiple active user accounts in pursuit of malfeasance;

• Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;

• Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;

• Post Content that is defamatory, libellous, or fraudulent; that you know to be false or misleading;

• Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by us);

• Promote, endorse or further illegal activities;

• Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party;

• Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;

• Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;

• Solicit personally identifying information from minors;

• Except as expressly approved by us, and subject to applicable laws, use our e-Services for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;

• Imply our endorsement or partnership of any kind without our express written permission;

• Send messages in violation of any applicable anti-spam law;

• Introduce software or automated agents into our e-Services, or access our e-Services so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from our e-Services without our express written permission;

• "Frame" or "mirror" or otherwise incorporate part of our e-Services into any website, or "deep-link" to any portion of our e-Services without our express written permission.

• Copy, modify or create derivative works of our e-Services or any Content (excluding Your Content) without our express written permission);

• Copy or use the information, Content (excluding Your Content), or data on our e-Services in connection with a competitive service, as determined by our e-Services;

• Sell, resell, rent, lease, loan, trade or otherwise monetize access to our e-Services or any Content (excluding Your Content) without our express written permission;

• Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of our e-Services;

• Interfere with, disrupt, or create an undue burden on our e-Services or the networks or services connected to our e-Services;

• Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to our e-Services; or Attempt to circumvent any security feature of our e-Services;

iii.    Links to Third-Party Websites. our e-Services may contain links to third-party websites placed by us as a service to those interested in this information or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave our e-Services, our terms and policies do not govern your use of third-party websites.

iv.    e-Services Messaging Service. Our e-Services provides a two-way message proxy and relay system (e-Services Messaging Service). By utilizing our e-Services Messaging Service, you acknowledge that you are asking our e-Services to send these messages on your behalf. When communicating through our e-Services Messaging Service, you will see an email address with the same as that quoted for our website. You understand that you retain no ownership rights in this email address, which is specific to for service to you, but is owned by our e-Services. However, the e-Services Messaging Service will show the name associated with your account in the “To:” or “From:” field. Our e-Services may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by our e-Services. Since our e-Services Messaging Services depend on the functionality of third-party providers, there may be technical delays on the part of those email service providers. Our e-Services assumes no responsibility for the communications between parties using our e-Services Messaging Service, which communications are the sole responsibility of the parties using the service.

When you ask our e-Services to transmit a message, including, you understand that this is without warranty, and that our e-Services reserves the right to reformat such message. Our e-Services reserves the right to verify and confirm the identity of any party associated with an email relay. We also reserve the right to drop messages in accordance with these Terms, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason.

v.    Free Templates. From time to time we may provide you with templates for your use. You understand and agree that the templates we offer are provided as suggestions and their contents do not constitute legal or financial advice. With respect to templates, you understand and agree that we cannot guarantee that a description properly applies to the specific circumstances of your needs. You accept that your use of any template provided by our e-Services is at your own risk.

4.   Special Provisions Applicable To Data Providers

i.    Posting on our e-Services. You may not post any data that:

• Does not comply with the applicable laws or regulations of the state and country including data privacy, data access and use and intellectual property;

• Contains false information or solicits by intentional misrepresentation;

• Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit data for;

ii.    You agree that our e-Services may, at its sole discretion, remove or prevent the posting of any advertisement for any or no reason.

5.   Special Provisions Applicable to Advertisers

This provision applies to all advertisers, including employers who purchase advertisements. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads ("Ad Data") for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.

6.   Enforcement by our e-Services

i.    Removal of Content. While our e-Services has no obligation to do so, our e-Services reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on our e-Services, or that we deem, in our sole discretion, inappropriate. If you see any Content on our e-Services that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content (e.g. links titled: "Inappropriate" or "Flag Review") or by contacting us. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you. For more information, please see our FAQs.

ii.    Copyright Policy. Please see our Copyright Complaint Policy for information about copyright and trademark disputes.

iii.    Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from our e-Services; suspending your rights to use our e-Services; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

iv.    Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.

7.   Rights to Your Content

We do not claim ownership in any Content that you submit or authorize for use to our e-Services, but you grant us the rights to use such Content as set forth below. By submitting or authorizing us to display any Content on our e-Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to our exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve our e-Services and to make Content submitted to or through our e-Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through our e-Services. You should only submit Content to our e-Services that you are comfortable sharing with others under the terms and conditions of these Terms.

8.   Rights to our e-Services Content

Our e-Services contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide, and our e-Services owns and retains all property rights in our e-Services. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from our e-Services solely for your personal use in connection with using our e-Services. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on our e-Services or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to our e-Services. our e-Services ® is a registered trademark of our e-Services, Inc. The trademarks, logos and service marks ("Marks") displayed on our e-Services are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.

9.   Indemnity

You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the "e-Services Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of our e-Services, including due to or arising from your breach of any provision of these Terms.

10.   Disclaimers and Limitation on Liability

The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.

Any emails or email notifications corresponding with any activity on our e-Services, the our e-Services Messaging Service, or any other communications service, product, or feature provided on or through our e-Services, are provided solely as a courtesy. our e-Services disclaims all warranties with regard to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Any other notifications you may receive are provided solely as a courtesy to you.

Our e-Services assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any posting, information, or message you post, send or receive through our e-Services or our e-Services Messaging Service.

You are solely responsible for your interactions with advertisers and other users, and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of our e-Services. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on our e-Services, whether caused by users or by any of the equipment or programming associated with or utilized in our e-Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on our e-Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with our e-Services. Under no circumstances shall we be responsible for any loss or damage resulting from the use of our e-Services or from any Content posted on our e-Services or transmitted to users, or any interactions between users of our e-Services, whether online or offline.

Our e-Services is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) our e-Services will meet your requirements; (2) our e-Services will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of our e-Services will be accurate or reliable.

You hereby release the our e-Services Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.

IN NO EVENT SHALL THE “E-SERVICES GROUP” BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF E-SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE E-SERVICES GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF E-SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows:

"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."

You hereby expressly waive and relinquish all rights and benefits under any civil code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.

11.   Termination

These Terms remain in effect while you use our e-Services and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of our e-Services, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.

All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of our e-Services. For the avoidance of doubt, you agree that these Terms apply to your use of our e-Services and any Content posted on our e-Services at any time prior to the termination or expiration of these Terms.

12.   Changes to Terms

We may revise these Terms from time to time by posting an updated version on our e-Services. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of our e-Services is subject to the most current effective version of these Terms.

13.   Third-Party Discovery

You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from our e-Services. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid California subpoena, properly issued in connection with an active lawsuit and properly served on our registered company address. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in Aargau, Switzerland.

14.   Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND E-SERVICES ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND E-SERVICES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

i.    Governing Law. These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of our e-Services, shall be governed by the laws of Switzerland without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. The parties agree that their arrangement under these Terms applies to the construction of the "Agreement to Arbitrate" provision below. For any claim, dispute, or other legal proceeding not subject to the "Agreement to Arbitrate" provision below, the claim or dispute shall be brought and litigated exclusively in Aargau, Switzerland, as appropriate, and you agree to submit to the personal jurisdiction of these courts for the purpose of litigating such claims or disputes.

ii.    Agreement to Arbitrate. If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and our e-Services each agree that any and all disputes between consumer users of our e-Services and our e-Services arising under or related in any way to these Terms and such users' use of our e-Services must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.

Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of the our e-Services Group by companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by any of the our e-Services Group against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.

Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to our e-Services should be sent to the Litigation Department at the QiSquared AG registered address. If you have an account on our e-Services, notice to you will be sent to the email address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If our e-Services and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or our e-Services may commence formal proceeding.

Arbitration Procedure. The arbitration will be governed by the rules of the Swiss Rules of International Arbitration, if applicable. Any settlement offer made by you or our e-Services shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules. For any claim where the total amount of the award sought is $10,000 or less, you and our e-Services may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and our e-Services subject to the arbitrator's discretion to require an in-person hearing. In cases where an in-person hearing is held, you or our e-Services may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honour all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same our e-Services user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Opt-Out Procedure. IF YOU ARE A NEW E-SERVICES USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE E-SERVICES TERMS OF USE FOR THIS FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO E-SERVICES INC, ATTN: LITIGATION DEPARTMENT TO THE REGISTERED ADDRESS OF QISQUARED AG.

You must submit the Opt-Out Notice which includes your name, address (including street address, city, state and zip code), and the email address(es) associated with the our e-Services account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of this Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms and this Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this "Arbitration" section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and our e-Services. We will notify you of changes to this Arbitration section by posting the changes on our e-Services at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30-day period and you will not be bound by the changes.

15.   Other

Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of our e-Services and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."

16.   Contact Us

If you have any questions or suggestions regarding this Policy, please contact us as follows:

• By mail courier: QiSquared AG at our registered address in Aargau, Switzerland

• By e-mail courier: legal[at]QiSquared.com (remove spaces when sending email)

• By online Contact Us: Click Contact Us (web page footer) and send us your query / notice