Terms of Service

You must be at least 13 years of age to use the Services. Users between 13 and 18 years of age may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you meet the applicable age requirement and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Certain features of the Services require you to create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your password confidential and not share it with third parties
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.

Subject to your compliance with these Terms, Quickbar grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use our applications on devices you own or control, solely for your personal, non-commercial purposes. This license does not include any right to:

• Sublicense, sell, resell, transfer, or assign the Services to a third party
• Modify, reverse-engineer, decompile, or disassemble the Services
• Create derivative works based on the Services
• Use the Services for commercial purposes without our express written consent
• Remove or alter any proprietary notices or labels on the Services

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Upload or transmit harmful, offensive, or unlawful content
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to any system or network
• Harvest or collect user data without express consent
• Send unsolicited communications (spam) or engage in phishing
• Impersonate any person or entity or misrepresent your affiliation
• Engage in any activity that could harm minors
• Use the Services in violation of the Telephone Consumer Protection Act (TCPA) or any other applicable telecommunications law

All content, features, and functionality of the Services — including but not limited to text, graphics, logos, icons, images, audio clips, and software — are the exclusive property of Quickbar LLC or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any part of the Services without our prior written permission.

If the Services allow you to submit, post, or share content (“User Content”), you retain ownership of that content. By submitting User Content, you grant Quickbar a worldwide, royalty-free, sublicensable, non-exclusive license to use, reproduce, modify, adapt, publish, and display the User Content for the purpose of operating and improving the Services.

You represent and warrant that you own or have the necessary rights to your User Content, and that it does not infringe any third-party rights or violate any applicable law.

Some features may require payment. All purchases are final and non-refundable except as required by applicable law or the refund policies of the applicable app store platform (Apple App Store or Google Play Store). Subscription fees are billed on a recurring basis and will automatically renew unless cancelled prior to the renewal date. You can manage or cancel subscriptions through your account settings in the applicable app store. Quickbar reserves the right to change pricing with prior notice to you.

If you download our application from the Apple App Store or Google Play Store, the following applies:

• These Terms are between you and Quickbar LLC only, not with Apple Inc. or Google LLC (“App Store Providers”).
• The App Store Providers have no obligation to furnish any maintenance or support services with respect to our applications.
• In the event of any failure of our application to conform to any applicable warranty, you may notify the applicable App Store Provider, and they may refund the purchase price to you per their applicable policies.
• The App Store Providers are not responsible for addressing any claims relating to our application or your use of it.
• The App Store Providers are third-party beneficiaries of these Terms and may enforce them against you.

You may not use or export the Services in violation of U.S. export laws and regulations. By using the Services, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

The Services may integrate with or link to third-party services, applications, or websites. These third parties have their own terms and privacy policies, and Quickbar is not responsible for their content, practices, or availability. Your interactions with third-party services are solely between you and the third party.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. QUICKBAR DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED. QUICKBAR IS NOT RESPONSIBLE FOR ANY DELAYS OR FAILURES IN DELIVERY OF SMS MESSAGES CAUSED BY THIRD-PARTY CARRIERS OR NETWORKS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUICKBAR LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR USE OF OR INABILITY TO USE THE SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS; (III) ANY THIRD-PARTY CONTENT OR CONDUCT; OR (IV) ANY DELAY OR FAILURE IN DELIVERY OF SMS MESSAGES. IN NO EVENT WILL QUICKBAR'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID QUICKBAR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to defend, indemnify, and hold harmless Quickbar LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Services, your User Content, or your violation of any third-party rights.

Quickbar shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or carrier network failures.

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Upon termination, your license to use the Services will immediately cease and your SMS opt-in consent will be treated as revoked. Provisions of these Terms that by their nature should survive termination will survive, including Sections 6, 12, 13, 14, and 17.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Any dispute arising from or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If unresolved after thirty (30) days, disputes shall be submitted to binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm.

Class Action Waiver: You and Quickbar agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Quickbar.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Quickbar with respect to the Services and supersede all prior and contemporaneous agreements, representations, and understandings.

We may modify these Terms at any time. When we do, we will update the “Last updated” date at the top of this page and, for material changes, provide notice through the Services or via email or SMS (if you have opted in). Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Services.

If you have any questions about these Terms or our SMS program, please contact us: