Find Services

QRKIEZ Terms of Use

Effective Date: January 26, 2026

Qrkiez Privacy Policy

These Terms of Use (“Terms”) govern your (the “User” or “you”) access and use of the Qrkiez App service through the website and mobile services provided by QRKIEZ, Inc. (“Qrkiez”, “we”, “us”, and “our”). These Terms apply to all visitors and registered users accessing and using the Qrkiez website and mobile application (together, the “Qrkiez App”). You must read, understand, and agree to these Terms before using the Qrkiez App. Accessing and using the Qrkiez App constitutes your agreement to and compliance with these Terms. Therefore, please read these Terms carefully. You may access the Qrkiez App only after you have read and agreed to these Terms.

*** The Qrkiez app is not designed for medical purposes.  Please consult your doctor or other qualified professional for medical questions and do not rely on information or advice you received through the Qrkiez App. ***  

1. General Terms

1.1. You are responsible for your use of the Qrkiez App and for any content (including but not limited to information, text, graphics, photos, images, videos, links, or other materials, collectively referred to as “Content”) that you post, as well as for any resulting consequences. The Content you submit, post, or display may be viewed by other users who have the right to access the Qrkiez App. You should only provide Content that you are comfortable sharing with others under these Terms. By using the Qrkiez App or posting Content, you agree to comply with these Terms.

1.2. If you are under the age of 18, you may not use the Qrkiez App. If you are over 18 but under the age of majority in your jurisdiction, you may use the Qrkiez App only with the prior consent of a parent or legal guardian. By signing up for the Qrkiez App, you represent and warrant the following to Qrkiez: 1) You have the legal capacity to enter into and perform a binding contract with Qrkiez; 2) You are an individual not prohibited from receiving the Qrkiez App under the laws of the United States or any other applicable jurisdiction; and 3) You will comply with these Terms and all applicable laws and regulations.

1.3. The Qrkiez App may include advertisements targeted based on content on the Qrkiez App, inquiries made through the Qrkiez App, and other information. The type and extent of advertising on the Qrkiez App are subject to change. In consideration for Qrkiez granting you access to and use of the Qrkiez App, you agree that Qrkiez, its third-party providers, and partners may place such advertising on the Qrkiez App or in connection with the display of Content or information from the Qrkiez App, whether submitted by you or others.

1.4. User Generated Channels (“UGCs“) are channels that users can directly create, operate, and manage according to their desired topics. The Moderators (“Moderators”), as the representative of the channels, are responsible for the safe and efficient creation, operation, and management.  Any UGC may be deleted.  Moderators are determined by Qrkiez in its sole discretion.

1.5. Qrkiez grants you a personal, non-commercial, royalty-free, worldwide, non-assignable and non-exclusive license to use the software provided by Qrkiez as part of the Qrkiez App. This license is for the sole purpose of enabling you to use and enjoy the Qrkiez App provided by Qrkiez, in the manner permitted by these Terms. Your license to use the Qrkiez App is revocable, and Qrkiez may limit or terminate your rights to use the Qrkiez App at any time.

1.6. Account Information: You must create an account with us to use the Qrkiez App. You are responsible for keeping your login information secure and for all activities that occur under your account. You are responsible for protecting the password you use to access the Qrkiez App and for any activities or actions under your password. We recommend using a “strong” password (a combination of upper and lower case letters, numbers, and symbols). Qrkiez cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

1.7. All information you provide to Qrkiez is subject to our Privacy Policy, and the collection and use of your information by Qrkiez will be subject to the same policy. By using the Qrkiez App, you acknowledge and agree that Qrkiez’s collection and use of your information, as defined in our Privacy Policy, includes the potential for storing, processing, and transferring this information to the United States and/or other countries for the purposes of providing the Qrkiez App to you.

1.8. Lead Generation and Provider Discovery. By using the Qrkiez platform, you acknowledge that information you provide (such as preferences, interests, or requested services) may be used to match you with professionals. Only minimal information necessary to facilitate this connection is shared with selected providers.

Qrkiez provides technical tools to facilitate introductions and communications between Users and independent service providers but does not determine what information Users choose to share with providers, nor how providers collect, use, or store such information once shared.

1.9 While the Qrkiez App is intended for users 18 years and older, Users may share experiences or information involving minors. You acknowledge that you are solely responsible for any Content you post relating to a minor, including ensuring you have appropriate legal authority or consent to share such information. Qrkiez does not verify, endorse, or monitor the accuracy or appropriateness of Content involving minors and assumes no responsibility for such Content.

1.10 Sensitive Information and Health-Related Content. You acknowledge and agree that, in using the Qrkiez App, you may choose to share sensitive personal information, including information related to physical health, mental health, developmental conditions, therapies, educational plans, or insurance matters, whether about yourself or a minor. Any such sharing is voluntary and undertaken at your sole discretion and risk. Qrkiez does not require, solicit, review, or verify such information and has no obligation to monitor, restrict, or prevent the disclosure of sensitive or health-related information by Users.

1.11 Crisis, Self-Harm, and Safety-Related Content. You acknowledge and agree that the Qrkiez App is a peer-support and information-sharing platform and is not designed to provide crisis intervention, emergency response, or mental health treatment. Content shared on the Qrkiez App, including discussions related to self-harm, suicidal ideation, abuse, neglect, or other safety-related concerns, may be generated by Users or third parties and is not monitored in real time. You are solely responsible for seeking appropriate professional or emergency assistance when needed.

1.12 No Mandatory Reporting; User Responsibility. You acknowledge and agree that Qrkiez, its employees, contractors, Moderators, and agents are not acting as mandated reporters and do not have an obligation to report suspected child abuse, neglect, or endangerment to law enforcement, child protective services, or any other authority.

You are solely responsible for taking appropriate action if you believe a child is being abused, neglected, or is otherwise at risk, including contacting local authorities or child protective services as required by law.

2. User Posted Content

2.1. Ownership and License: You retain all rights and ownership in the Content you post, but you grant us a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, and royalty-free license for Qrkiez to sell, reproduce, copy, modify, publish, translate, transmit, perform, display, create derivative works of, adapt, distribute, and otherwise use your Content, in any manner or media that is currently known or later developed, throughout the world, for any purpose, and to sublicense the Content through unlimited levels of sublicenses.   You agree that this license includes the right for us to provide, promote, and improve the Qrkiez App, and to make Content submitted to or through the Qrkiez App available to other companies, organizations, or individuals for the distribution, promotion, or publication of such Content on other media and services, subject to our terms and conditions for such Content use. You also agree that other users may view, use and share User Posted Content through features we expressly provide (e.g., embed-sharing feature). Unless otherwise required by applicable law, any Content that is shared outside of the Qrkiez App will only include your user name or your first name and last initial.  No compensation will be paid with respect to Content that you submit through the Qrkiez App. To the greatest extent permitted by applicable law, you hereby waive any and all of your moral rights applicable to our exercise of the foregoing license. You should only submit Content to the Qrkiez App that you are comfortable sharing with others under these Terms.

2.2. Use: Any use or reliance by you on any Content or materials posted via the Qrkiez App or services learned about through the Qrkiez App are at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Qrkiez App or endorse any opinions expressed via the Qrkiez App. You understand that by using the Qrkiez App, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Qrkiez be liable in any way for any Content, including, but not limited to, 1) any errors or omissions in any Content, 2) any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Qrkiez App or broadcast elsewhere; or 3) any loss or damage of any kind incurred using any services learned about in the Content or Qrkiez App.

2.3. Permissions and Restrictions on Use of the Qrkiez App and Content: We reserve the right to hide Content, restrict the use of the Qrkiez App, or restrict the use of certain usernames, but are not obligated to monitor Content. We may grant part of these rights to other Users or Moderators.

2.4. In the event you have any claims regarding an alleged or potential violation of your rights to your Content, you may contact us at contact@qrkiez.com. The process of addressing your violations may differ depending on laws applicable to your use of the Qrkiez App.

2.5 AI-Generated Content: Some features of Qrkiez may use artificial intelligence (AI) to provide educational, conversational, or support-oriented interactions. AI outputs are automated, may not always be accurate, and should not be relied upon as professional, medical, or therapeutic advice.

3. Prohibitions; Acceptable Use

3.1. The Qrkiez App is a supportive community. We have no tolerance for objectionable content or abusive users.  Users who engage in the following actions may be restricted from using the Qrkiez App according to these Terms:

  • Trading accounts, whether for payment or for free.
  • Signing up or accessing the Qrkiez App in ways not permitted by us.
  • Defaming, threatening, or harassing specific individuals, or violating legal rights such as privacy or intellectual property rights of other individuals, groups or entities.
  • Posting Content that contradicts Qrkiez’s public image, goodwill, or reputation.
  • Posting Content, signing up, or engaging in any activities that are contrary to the intended purpose of the Qrkiez App.  This includes, but is not limited to posting Content that is illegal, discriminatory, deceptive, malicious, offensive, pornographic, harmful or otherwise inappropriate for the Qrkiez App.
  • Posting Content that provides personalized, prescriptive, or diagnostic medical advice. General information sharing, personal experiences, or non-prescriptive discussions related to health or wellness are permitted, provided they do not present themselves as professional medical advice.
  • Crawling, scraping, data mining, data extracting, duplicating, copying, selling, or reselling any part or all of the Qrkiez App or Content, whether through automated or manual means, without explicit permission from Qrkiez.
  • Sending the same or similar messages to specific or unspecified numbers of users, or any activity deemed as spam by us.
  • Selling, purchasing, trading, or promoting any goods or services in any channels other than the channels that are explicitly open for transaction or promotion by Qrkiez.
  • Using the Qrkiez App for illegal or regulated activities or to support illegal or regulated activities, including selling, purchasing or trading illegal or regulated goods or services.
  • Illegally collecting, disclosing, or providing personal information, registration information, or usage history of others.
  • Actions that disrupt the Qrkiez App’s servers and/or network systems, using bots, cheating tools, or other technical means to manipulate the Qrkiez App.
  • Interfering with or disrupting the operation of the Qrkiez App or other users’ use of the Qrkiez App.
  • Reverse engineering, duplicating, decompiling, disassembling, or decoding the Qrkiez App (including all underlying ideas or algorithms) or extracting source code from the Qrkiez App’s software.
  • Attempting, aiding, or inciting any of the aforementioned actions.
  • Content that represents or is intended as a request for emergency assistance, crisis intervention, or immediate mental health support should not be directed to the Qrkiez App. Qrkiez does not provide emergency services and does not guarantee that any User, Moderator, or Qrkiez Pro will respond to or identify such content.
  • User conduct on Qrkiez is also governed by our Community Standards, which are incorporated into these Terms by reference.
  • Any other actions similar to those listed above.

4. Qrkiez Pro

4.1. The Qrkiez App may be used to connect you with Qrkiez Pros who provide services outside of the Qrkiez App. Qrkiez Pros are independent providers who are not employees, agents, or representatives. The Qrkiez App’s role is limited to connecting Users seeking services with Qrkiez Pros. Users shall not access, use, or provide Qrkiez Pro services on the Qrkiez App, including conducting any introductory discussions regarding providing a service.

4.2. The Qrkiez Pros themselves are responsible for the performance of the Qrkiez Pro services. If you feel the Qrkiez Pro services provided by the Qrkiez Pro do not fit your needs or expectations, you may cease using them at any time. All services provided by the Qrkiez Pro are subject to the Qrkiez Pro’s policies or terms and conditions.

4.3. Any information you share with a Qrkiez Pro is shared directly between you and that Qrkiez Pro, even if transmitted using communication, intake, or file-sharing features made available through the Qrkiez App.

4.4 No Covered Entity Relationship

Qrkiez is not a healthcare provider, covered entity, or business associate as defined under the Health Insurance Portability and Accountability Act (HIPAA). Users should not upload or share protected health information (PHI) through the Qrkiez App unless expressly directed by an independent Qrkiez Pro and subject to that provider’s own policies and safeguards.

4.5 User Acknowledgment Regarding Health Information and PHI.
You acknowledge and agree that, through your use of the Qrkiez App, including through direct messages, intake forms, file uploads, or community postings, you may voluntarily choose to share information that constitutes protected health information (“PHI”) or other sensitive personal data. You further acknowledge and agree that:

(a) any disclosure of PHI or sensitive information through the Qrkiez App is made at your sole discretion and risk;
(b) Qrkiez does not screen, monitor, review, secure, store, or restrict the transmission of PHI between Users or between Users and Qrkiez Pros;
(c) Qrkiez does not guarantee the confidentiality, security, or appropriate use of any PHI or sensitive information shared through the Qrkiez App;
(d) Qrkiez Pros are independent third parties solely responsible for their own compliance with applicable healthcare, privacy, and data protection laws; and
(e) you waive and release Qrkiez from any and all claims, damages, losses, or liabilities arising out of or related to the disclosure, use, misuse, or handling of PHI or sensitive information shared through the Qrkiez App.

Qrkiez expressly disclaims any responsibility or liability for the actions or omissions of Qrkiez Pros with respect to PHI or sensitive information.

4.6 Data Responsibility Allocation Between Users and Qrkiez Pros.
You acknowledge and agree that:

(a) Qrkiez merely provides technical tools that allow Users and Qrkiez Pros to communicate and exchange information;
(b) Qrkiez does not access, interpret, process, or analyze the substance of information exchanged between Users and Qrkiez Pros for compliance, clinical, or record-keeping purposes;
(c) each Qrkiez Pro is solely responsible for determining what information to request from Users and for complying with all applicable healthcare, privacy, data protection, record-retention, and professional obligations related to such information; and
(d) Qrkiez bears no responsibility or liability for the collection, use, disclosure, storage, security, loss, or misuse of information exchanged between Users and Qrkiez Pros.

4.7 Provider Information; No Endorsement.
Qrkiez may display information about Qrkiez Pros, including biographical details, credentials, certifications, areas of practice, availability, and ratings or reviews obtained from third-party platforms. Such information is provided for general informational purposes only.

Qrkiez does not verify, validate, certify, endorse, or guarantee the accuracy, completeness, legality, or fitness of any Qrkiez Pro, their credentials, or the services they offer.

Any matching, recommendations, or suggestions of Qrkiez Pros are generated using automated or user-provided criteria and do not constitute professional judgment, medical advice, or an endorsement of any Qrkiez Pro’s suitability for a User’s needs.

4.8 Discovery Call Billing; Final Determination
For purposes of provider billing, a “successfully completed discovery call” means an introductory interaction between a User and a Qrkiez Pro that occurs as a result of a connection facilitated through the Qrkiez App, regardless of whether the User ultimately engages the Qrkiez Pro for services.

Any disputes regarding whether a discovery call was successfully completed must be submitted to Qrkiez at contact@qrkiez.com. Qrkiez reserves the sole and final discretion to determine whether a discovery call is billable, and such determination shall be final and binding.

5. Qrkiez Rights

5.1.  All rights, title, and interest in and to the Qrkiez App (excluding Content) are and will remain the exclusive property of Qrkiez.  Nothing in these Terms grants you the right to use Qrkiez’s name, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you provide about Qrkiez or the Qrkiez App are entirely voluntary, and we may use such feedback, comments, or suggestions without any obligation to you.

5.2 We will use and disclose your Content in accordance with these Terms and our Privacy Policy. Except as expressly stated in our Privacy Policy, User-generated content submitted for posting, sharing, or distribution through the Qrkiez App is not considered confidential.

Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by us); (b) was lawfully known to us before receiving it from you; (c) is received by us from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by us without reference to your Content. We may disclose Content when required by law or legal process.

6. UGCs and Moderators Responsibilities

6.1. UGCs and Moderators are required to comply with Qrkiez’s established policies and applicable laws. Should these terms be violated, we reserve the right to take appropriate measures, which may include the removal of the UGCs in cases of persistent or severe violations. We may revoke or limit a Moderators’ capabilities at any time, for any reason or no reason at all, particularly if there is a breach of these Terms. Although we are not liable for actions taken by Moderators, we retain the right, at our sole discretion, to overturn any actions or decisions made by Moderators if they are deemed contrary to the interests of Qrkiez or Qrkiez community. Moderation decisions are made in accordance with these Terms and the Qrkiez Community Standards.

6.2. Moderators must enforce these Terms diligently. This includes removing Content that breaches our policies and reporting any such violations within our community.

6.3. Nothing in these Terms is intended or deemed to constitute the Moderators as partners, joint venturers, or agents of Qrkiez. Moderators may not represent that you are authorized to act on behalf of Qrkiez, nor enter into any agreement with a third party on behalf of Qrkiez, or any UGCs that you moderate, without our written approval.

6.4. Moderators act in a voluntary, discretionary capacity to help manage user-generated content and communities and are not trained professionals, emergency responders, healthcare providers, or agents of Qrkiez. Moderators have no obligation to monitor content, respond to any particular post, or take any specific action, including with respect to content involving self-harm, suicidal ideation, abuse, neglect, or other safety-related concerns.

You acknowledge and agree that Qrkiez is not liable for any acts, omissions, decisions, or failures to act by Moderators, and that you may not rely on any response, guidance, removal decision, or lack of response by a Moderator as professional, medical, legal, or emergency advice.

For the avoidance of doubt, Moderators do not act as mandated reporters and have no duty to identify, investigate, document, or report suspected child abuse, neglect, or endangerment based on content posted on or transmitted through the Qrkiez App.

6.5. Moderators may not solicit or accept any form of compensation, consideration, gifts, or favors from third parties in exchange for performing moderation actions.

6.6. Moderators who access non-public information through their moderation activities must use such information solely for purposes related to their duties as moderators.

6.7. Moderators may establish and enforce their own rules within the UGCs they manage, provided that these rules do not conflict with our Terms or Privacy Policy.

7. Copyright Policy

7.1.  Qrkiez respects the intellectual property rights of others and expects Users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. When a copyright owner’s work is being infringed on or through the Qrkiez App, the copyright owner may send a notification of claimed infringement to our designated agent. For such notifications to be legally effective, they must be provided to our designated agent in writing and include substantially the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.2.  We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to anyone. In appropriate circumstances, Qrkiez will also terminate a user’s account if they are found to be a repeat infringer. Our designated copyright manager for handling copyright infringement claims on the Qrkiez App is as follows:

Qrkiez, Inc.
Attn: Copyright Manager
P.O. Box 1502
Danville, CA 94526
Email: contact@qrkiez.com

8. Disclaimer of Warranties

8.1. By accessing or using the Qrkiez App, you acknowledge and agree that you may be exposed to materials from others that may be offensive, indecent, or objectionable.  You agree to accept that risk. Opinions expressed on the Qrkiez App do not reflect our views. We do not support or endorse any Content posted by you or other users. Certain Content from others may not be accurately displayed, evaluated, or categorized.

8.2. While we provide reasonable security measures to protect your Content, we are not liable for any damages resulting from the authorized or unauthorized disclosure of your Content.

8.3. WE ARE NOT LIABLE FOR ANY ACTIONS, OMISSIONS, OR BEHAVIORS OF USERS OR THIRD PARTIES IN RELATION TO THE QRKIEZ APP, INCLUDING ANY QRKIEZ PRO. WE ARE NOT LIABLE FOR ANY DAMAGES RESULTING FROM OR RELATED TO INTERACTIONS BETWEEN USERS, INCLUDING BUT NOT LIMITED TO SOLICITATIONS, ATTEMPTED TRANSACTIONS, OR TRANSACTIONS. WE HAVE NO OBLIGATION TO INTERVENE IN DISPUTES BETWEEN USERS ARISING THROUGH THE QRKIEZ APP. WITHOUT LIMITING THE FOREGOING, QRKIEZ SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS ARISING FROM OR RELATED TO THE DISCLOSURE, USE, MISUSE, SECURITY, OR HANDLING OF INFORMATION EXCHANGED BETWEEN USERS AND QRKIEZ PROS, EVEN IF SUCH EXCHANGE OCCURS THROUGH FEATURES PROVIDED BY THE QRKIEZ APP. FOR THE AVOIDANCE OF DOUBT, MODERATORS ARE USERS AND THIRD PARTIES FOR PURPOSES OF THESE TERMS, AND QRKIEZ DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO MODERATOR ACTIONS OR INACTIONS. QRKIEZ DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY USERS, MODERATORS, OR QRKIEZ TO IDENTIFY, MONITOR, INVESTIGATE, OR REPORT ALLEGED OR SUSPECTED CHILD ABUSE, NEGLECT, OR ENDANGERMENT. WITHOUT LIMITING THE FOREGOING, QRKIEZ DISCLAIMS ANY LIABILITY ARISING FROM OR RELATED TO A USER’S SELECTION, ENGAGEMENT, OR RELIANCE UPON ANY QRKIEZ PRO, INCLUDING ANY CLAIM BASED ON ALLEGED ENDORSEMENT, RECOMMENDATION, OR REPRESENTATION OF PROVIDER QUALIFICATIONS OR FITNESS.

8.4. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE QRKIEZ APP ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE QRKIEZ APP WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS OBTAINED FROM THE USE OF THE QRKIEZ APP ILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE QRKIEZ APP WILL BE CORRECTED.

8.5.  THE QRKIEZ APP IS NOT DESIGNED FOR MEDICAL PURPOSES.  DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE QRKIEZ APP.

Any resources, articles, publications, or external links made available through the platform are provided for general informational purposes only and are not reviewed, verified, or endorsed by Qrkiez.

8.6.  THE QRKIEZ APP IS NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH INFORMATION IF DELIVERED THROUGH THE QRKIEZ APP.

8.7 You acknowledge and agree that your use of the Qrkiez App, including interactions with other users, Moderators, or Qrkiez Pros, and any reliance on Content, recommendations, or information obtained through the Qrkiez App, is undertaken at your own risk. You voluntarily assume all risks arising from your use of the Qrkiez App, including risks of physical, emotional, psychological, or financial harm.

Without limiting the foregoing, you expressly assume all risks associated with the disclosure or exchange of sensitive personal information or health-related information through the Qrkiez App, including any physical, emotional, psychological, financial, or privacy-related harm.

8.8 No Emergency Use

The Qrkiez App is not intended for use in emergencies or crisis situations. Qrkiez does not monitor for, respond to, or intervene in emergency, crisis, or self-harm situations. Qrkiez does not provide crisis counseling, suicide prevention services, emergency response, or monitoring of User Content for emergency or safety-related issues. Qrkiez has no obligation to monitor, identify, verify, intervene in, or escalate any content related to self-harm, suicidal ideation, abuse, neglect, or threats of harm to self or others.

You acknowledge and agree that any reliance on Content, responses, or lack of response by Users, Moderators, Qrkiez Pros, or Qrkiez itself in connection with crisis-related content is undertaken entirely at your own risk.

If you believe you or someone else is experiencing a medical, mental health, or safety emergency, you should immediately contact emergency services or a qualified professional.

8.9 Communications Decency Act (Section 230).
To the fullest extent permitted by applicable law, Qrkiez expressly invokes and reserves all protections, immunities, and defenses available under Section 230 of the Communications Decency Act (47 U.S.C. § 230) and any similar or successor laws.

Qrkiez is not the publisher or speaker of User-generated content and is not liable for any claims arising from content provided by Users, Qrkiez Pros, Moderators, or other third parties, including decisions to restrict, remove, or allow such content.

9. Limitation of Liability and Indemnification

9.1. TO THE FULLEST EXTENT PERMITTED BY LAW, THE QRKIEZ GROUP (AS DEFINED BELOW) SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES, ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, REPUTATION, OR OTHER INTANGIBLE LOSSES WHETHER INCURRED DIRECTLY OR INDIRECTLY.

9.2. UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF THE QRKIEZ GROUP RELATED TO THESE TERMS EXCEED ONE HUNDRED US DOLLARS (USD 100).

9.3. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.

9.4 Indemnification. You agree to defend, indemnify, and hold harmless Qrkiez, its officers, directors, employees, agents, affiliates, and shareholders from and against any third-party claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(a) your use of the Qrkiez App;
(b) your Content or conduct;
(c) your interactions with other Users, Moderators, or Qrkiez Pros;
(d) if you are a Qrkiez Pro, the services you offer or provide; or
(e) your violation of these Terms or applicable law.

Qrkiez reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully with such defense.

10. Dispute Resolution; Arbitration; Class Action Waiver

10.1 Informal Resolution First. Before initiating any formal dispute, you agree to first contact Qrkiez at contact@qrkiez.com and attempt to resolve the dispute informally.

10.2 Binding Arbitration. Except for claims that may be brought in small claims court or claims seeking injunctive or equitable relief for the unauthorized use of intellectual property, you and Qrkiez agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Qrkiez App, or your relationship with Qrkiez shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.

The arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

10.3 Class Action Waiver. YOU AND QRKIEZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

10.4 Arbitration Location and Governing Law.
The arbitration shall be governed by the Federal Arbitration Act and conducted in English. The substantive law of the State of California, excluding its conflict of laws rules, shall apply.

10.5 Small Claims Court. Either party may bring an individual action in small claims court in a jurisdiction of competent authority, provided the claim qualifies and remains in such court.

10.6 Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to Qrkiez at contact@qrkiez.com within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration.

10.7 Survival. This Section 10 shall survive termination of these Terms and your use of the Qrkiez App.

11. Termination

11.1. You may discontinue using the Qrkiez App at any time.

11.2. The Qrkiez App provided by Qrkiez is always evolving.  The nature and form of the Qrkiez App may change from time to time without prior notice to you. Qrkiez may also permanently or temporarily suspend, limit, or eliminate any provision, feature, or UGC of the Qrkiez App for any one user or users generally without prior notice.

11.3 If we discover an abnormal or otherwise unauthorized attempt to create and/or use an account, we reserve the right to restrict the account’s creation or access to the Qrkiez App and, if necessary, delete the account created in such an abnormal way.

11.4. If you have paid any service fees to us before termination of your account (only in cases where we have provided a paid service to you), such payments will not be refunded. Terminating your account does not waive any payment obligations agreed upon between you and us prior to termination.

11.5. If your access to all or a portion of the Qrkiez App is terminated, you will no longer be able to access content posted by you or other Users in areas where you have been restricted.

12. Notices

12.1. Notices to Qrkiez: Unless specified otherwise in these Terms or additional terms, notices to Qrkiez should be sent to the following address: Qrkiez Inc., P.O. Box 1502, Danville, CA 94526.

12.2. Notices to You: For service-related messages and announcements, Qrkiez will notify you by through the Qrkiez App or through other means that we believe to be reasonable. You acknowledge and agree that the methods we use to notify you of any messages and announcements are the best available methods, and you acknowledge and agree that Qrkiez is not responsible for your failure to receive important information about the Qrkiez App.

13. General Terms

13.1. Export Control: You acknowledge that the Qrkiez App, and your use and handling of the Qrkiez App, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Qrkiez App and Content. You agree to comply with all applicable laws, restrictions, and regulations.

13.2. English Version: The English version of these Terms will be the version used when interpreting or construing this agreement.

13.3. Severability: If a court finds any section of these Terms invalid or unenforceable, the remainder of the Terms will continue to apply.

13.4. No Waiver: Failure or delay by us to enforce any of these Terms against you shall not constitute a waiver of the Terms or waiver of the right for Qrkiez to enforce such Terms.

13.5. Changes to these Terms: We may modify these Terms from time to time. When changes are made, we will post the revised Terms and update the effective date.  By continuing to access or use the Qrkiez App on or after the effective date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using the Qrkiez App.

13.6. Assignment or Transfer: Qrkiez does not grant access to anyone other than users who have entered into an agreement directly with us, and you may not assign or transfer your account or rights or obligations under this agreement to anyone else, whether for free or for payment, without Qrkiez’s prior permission. We may transfer the rights and obligations under this agreement, contractual status, membership information, user registration information, and all service-related information to another entity if we are acquired by or merged with another company, or if we sell all or part of the Qrkiez App. By agreeing to these Terms, you are deemed to have consented to these terms in advance.

13.7. Entire Agreement: These Terms constitute the complete and exclusive agreement between Qrkiez and you regarding the Qrkiez App and replace and supersede all prior agreements between Qrkiez and you regarding the Qrkiez App.

13.8 Survival.
Sections relating to intellectual property, user content licenses, disclaimers of warranties, limitation of liability, indemnification, dispute resolution, arbitration, class action waiver, and any other provisions which by their nature should survive termination shall survive the termination or expiration of these Terms.

13.9 Force Majeure; Service Availability.
Qrkiez shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disputes, failures of utilities or telecommunications, cyberattacks, governmental actions, or failures of third-party service providers.

The Qrkiez App is provided on an “as available” basis, and Qrkiez does not guarantee uninterrupted access, availability, or error-free operation of the Qrkiez App.