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IQUNLOCK TERMS OF USE
Effective Date: July 20, 2026
These Terms of Use ("Terms") constitute a legally binding agreement between you and IQ Unlock LLC ("IQUnlock," "Company," "we," "our," or "us") governing your access to and use of the IQUnlock mobile application, website located at https://www.iqunlock.com, and all related products, services, software, content, features, functionality, educational materials, rewards systems, and technologies (collectively, the "Services").
By accessing, downloading, installing, registering for, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.
If you are accepting these Terms on behalf of a child, organization, or other person, you represent and warrant that you have authority to bind that person to these Terms.
1. ELIGIBILITY
To use the Services, you represent and warrant that:
(1) if you create, administer, or manage an account, you are at least eighteen (18) years old and possess the legal authority to enter into these Terms, or you are the parent or legal guardian of a child using the Services;
(2) any child account associated with your account is created and managed by a parent or legal guardian;
(3) you possess the legal capacity to enter into a binding agreement;
(4) you are not prohibited from using the Services under applicable law;
(5) all information you provide is accurate, current, and complete;
(6) you will maintain the accuracy of your account information; and
(7) you agree to comply with all applicable laws and regulations in connection with your use of the Services.
2. DESCRIPTION OF SERVICES
IQUnlock provides educational, gamified learning, family-engagement, rewards, financial-literacy, quiz-generation, child-account management, wallet-funding, reward-redemption, gift-card fulfillment, subscription, and related services. The Services include educational quizzes, rewards programs, family wallets, parent-managed child accounts, spending controls, redemption requests, subscription services, gift-card rewards, transactional communications, push-notification functionality, and artificial-intelligence-assisted quiz-generation and related educational features. IQUnlock reserves the right to add, modify, suspend, limit, discontinue, or replace any feature, functionality, content, reward program, subscription offering, or aspect of the Services at any time and for any reason.
3. LICENSE GRANT AND END USER LICENSE
Subject to your continued compliance with these Terms, IQUnlock grants you a limited, revocable, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access and use the Services solely for their intended purposes and solely in accordance with these Terms. The Services are licensed, not sold.
You acquire no ownership rights in the Services or any portion thereof. No right, title, ownership interest, or license is granted, transferred, assigned, or conveyed to you except as expressly set forth in these Terms, whether by implication, estoppel, exhaustion, operation of law, or otherwise. All rights not expressly granted are reserved by IQUnlock and its licensors.
The Services constitute valuable proprietary, confidential, and trade-secret information of IQUnlock and its licensors. Nothing in these Terms shall be construed as granting any ownership, license, or other rights in or to any patent, copyright, trademark, service mark, trade name, trade secret, database right, know-how, technology, software, content, or other intellectual property right of IQUnlock except for the limited license expressly granted herein.
IQUnlock reserves the right to suspend, restrict, modify, revoke, or terminate the license granted under this section at any time upon your violation of these Terms or as otherwise provided herein.
No implied licenses are granted under these Terms.
4. PROHIBITED ACTIVITIES
You shall not, directly or indirectly:
(1) reverse engineer, decompile, disassemble, decode, translate, adapt, or attempt to derive source code from any portion of the Services;
(2) copy, reproduce, republish, upload, post, distribute, transmit, sell, lease, rent, sublicense, assign, or otherwise exploit any portion of the Services;
(3) create derivative works based on the Services;
(4) modify the Services;
(5) access the Services to build, train, develop, benchmark, improve, market, or operate a competing product or service;
(6) scrape, harvest, extract, crawl, mine, index, download, copy, or systematically collect content, data, educational materials, quizzes, question banks, software, APIs, databases, metadata, or outputs generated through the Services;
(7) use bots, spiders, crawlers, automated scripts, or automated means to access the Services;
(8) bypass or circumvent authentication controls, access restrictions, technical protections, security mechanisms, rate limits, or other safeguards;
(9) remove, alter, obscure, or disable copyright notices, trademark notices, proprietary legends, or technological protections;
(10) use any content, educational materials, quizzes, question banks, software, databases, APIs, metadata, AI-generated content, outputs, or other information obtained from the Services to train, fine-tune, evaluate, benchmark, validate, test, improve, or develop any artificial intelligence system, machine-learning model, large language model, neural network, dataset, algorithm, or similar technology;
(11) share account credentials;
(12) impersonate another person;
(13) interfere with the operation, integrity, functionality, or security of the Services; or
(14) use the Services in violation of applicable law;
(15) use the Services for competitive analysis, competitive intelligence, product development, market research, or any purpose intended to develop, support, or improve a competing product or service;
(16) manipulate, interfere with, exploit, bypass, or attempt to circumvent any rewards program, redemption process, spending-control mechanism, subscription feature, payment process, or account-control feature of the Services;
(17) conduct vulnerability scans, penetration tests, load tests, security assessments, or other testing of the Services without IQUnlock's prior written consent; or
(18) access, query, download, export, or extract data from the Services through any means not expressly authorized by IQUnlock.
Any violation of this section constitutes a material breach of these Terms.
5. ACCOUNT REGISTRATION AND SECURITY
You are responsible for maintaining the confidentiality, security, and integrity of your account credentials and for all activities occurring under your account, whether or not authorized by you.
You agree to immediately notify IQUnlock of any actual or suspected unauthorized access to your account, unauthorized use of your credentials, security breach, or other security incident involving the Services.
You are responsible for ensuring that the information associated with your account remains accurate, current, and complete.
IQUnlock may suspend, restrict, freeze, or terminate accounts that compromise, threaten, or reasonably appear likely to compromise the security, integrity, functionality, or operation of the Services or the safety of other users.
IQUnlock shall not be liable for any loss, damage, unauthorized access, or other consequences resulting from your failure to maintain the confidentiality or security of your account credentials or to promptly notify IQUnlock of a security incident.
IQUnlock reserves the right to require identity verification, credential resets, additional authentication measures, or other security procedures as a condition of continued access to the Services.
6. CHILD ACCOUNTS AND PARENTAL RESPONSIBILITIES
Child accounts may only be created, administered, and managed by a parent or legal guardian through a parent-controlled account.
Parents and legal guardians are solely responsible for: (1) creating and managing child accounts; (2) supervising children's access to and use of the Services; (3) maintaining the security of parent and child account credentials; (4) reviewing educational activities, content, and account activity; (5) establishing and managing spending limits and other account controls; (6) reviewing, approving, rejecting, or monitoring redemption and payout requests; (7) determining whether the Services are appropriate for their children; and (8) ensuring compliance with these Terms and all applicable laws.
Parents and legal guardians acknowledge and agree that they are responsible for all activities conducted through child accounts associated with their parent-controlled account.
IQUnlock does not supervise, monitor, control, or assume responsibility for parental decision-making, parental supervision, educational choices, spending decisions, redemption decisions, or other actions taken by a parent, legal guardian, or child user.
IQUnlock is not responsible for monitoring or enforcing parental supervision decisions and shall not be liable for any acts, omissions, content, communications, transactions, rewards, redemptions, spending decisions, or activities involving a child account or parent-controlled account.
7. SUBSCRIPTIONS AND PAYMENTS
The Services may include paid subscription plans and other paid features. Certain features of the Services may require the purchase of a subscription or payment of applicable fees. Subscription pricing, features, and billing terms will be presented at the time of purchase.
Subscriptions may be purchased through the Apple App Store, Google Play Store, Stripe, or other authorized payment providers utilized by IQUnlock. By purchasing a subscription, you authorize the applicable payment provider to charge the payment method associated with your account.
Subscriptions may automatically renew unless canceled before the renewal date in accordance with the applicable subscription terms. Subscriptions purchased through the Apple App Store or Google Play Store are subject to the billing, renewal, cancellation, and refund policies of the applicable platform provider.
All fees are stated and payable in U.S. dollars unless otherwise indicated. Except as required by applicable law or expressly stated by IQUnlock in writing, payments are non-refundable.
IQUnlock reserves the right to modify pricing, fees, subscription plans, features, or billing practices at any time. Any pricing changes will become effective following notice as required by applicable law.
8. WALLETS, IQU CREDITS, REWARDS, AND REDEMPTIONS
The Services include subscription plans, family-wallet functionality, educational reward programs, IQU credits, redemption requests, and gift-card fulfillment features.
All fees are charged in U.S. dollars.
Subscription fees are billed in advance.
Except as otherwise required by applicable law or expressly stated by IQUnlock in writing, fees are non-refundable.
IQU credits: (1) are promotional and educational reward units; (2) are not legal tender; (3) are not bank deposits; (4) are not securities; (5) do not create any ownership interest, vested right, property right, or other legal entitlement in favor of a user; (6) possess no independent cash value except as expressly permitted by the Services; and (7) are not prepaid access, stored value, electronic money, virtual currency, cryptocurrency, or any other regulated financial product.
IQUnlock reserves the right to audit, adjust, suspend, revoke, recover, cancel, modify, or discontinue rewards programs, IQU credits, account balances, redemption requests, gift-card rewards, and redemption eligibility at any time.
IQUnlock further reserves the right to correct errors and to suspend, adjust, reverse, cancel, or recover credits, rewards, balances, redemptions, or other benefits resulting from technical errors, suspected fraud, abuse, unauthorized activity, chargebacks, payment reversals, violations of these Terms, or other improper activity.
Final decisions regarding rewards, credits, redemptions, account balances, and redemption eligibility remain within IQUnlock's sole discretion.
IQUnlock reserves the right to modify, suspend, discontinue, replace, or terminate any reward program, redemption program, credit system, gift-card offering, reward methodology, or incentive structure at any time.
Nothing in the Services creates any fiduciary, custodial, trustee, banking, agency, advisory, brokerage, investment, escrow, or similar relationship between IQUnlock and any user. IQUnlock is not a bank, money transmitter, financial institution, payment processor, investment adviser, broker-dealer, trustee, custodian, escrow agent, or fiduciary.
9. PAYMENT PROCESSING
Payment transactions are processed through third-party payment providers, including Stripe. Approved gift-card reward fulfillment is facilitated through Tremendous.
Your use of such providers is also subject to their applicable terms, conditions, and privacy policies.
IQUnlock does not control and is not responsible for the acts, omissions, products, services, availability, security practices, privacy practices, policies, or performance of any third-party provider.
10. USER CONTENT
You retain ownership of any content, information, materials, photographs, profile information, communications, or other content that you upload, submit, transmit, or otherwise make available through the Services ("User Content").
You grant IQUnlock, its affiliates, contractors, service providers, successors, assigns, and licensors a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, process, transmit, display, distribute, create derivative works from, modify, adapt, format, and otherwise use User Content in connection with providing, administering, maintaining, securing, supporting, improving, developing, promoting, and operating the Services, fulfilling user requests, administering rewards and redemptions, performing analytics, conducting research and development, ensuring regulatory compliance, preventing fraud, maintaining security, creating backups, enforcing these Terms, and carrying out IQUnlock's legitimate business purposes.
You represent and warrant that: (1) you own or control all rights necessary to submit the User Content; (2) the User Content does not infringe, misappropriate, or violate any intellectual-property, privacy, publicity, contractual, or other rights of any third party; (3) the User Content complies with applicable law; and (4) you have obtained all permissions, authorizations, and consents necessary for IQUnlock to exercise the rights granted under these Terms.
IQUnlock acquires no ownership interest in User Content through the license granted in this section.
Notwithstanding the foregoing, IQUnlock shall own all aggregated, de-identified, anonymized, derived, statistical, analytical, operational, and usage data generated from or relating to the Services.
11. INTELLECTUAL PROPERTY RIGHTS
The Services and all content, materials, technology, software, functionality, and intellectual property made available through the Services are owned by IQUnlock and/or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual-property laws.
Without limitation, IQUnlock and its licensors own all right, title, and interest in and to the Services, including: (1) source code; (2) object code; (3) software applications; (4) databases; (5) APIs; (6) educational content; (7) quizzes; (8) question banks; (9) scoring methodologies; (10) rewards methodologies; (11) reward systems; (12) AI-generated educational content; (13) AI prompts and prompt structures; (14) AI-generated outputs and educational materials; (15) algorithms; (16) workflows; (17) business methods; (18) technical architectures; (19) user interfaces; (20) graphics; (21) audiovisual content; (22) text; (23) compilations of content; (24) documentation; (25) trademarks; (26) service marks; (27) trade names; (28) logos; (29) designs; (30) know-how; (31) trade secrets; (32) all related intellectual property rights and proprietary rights throughout the world; (33) transaction records; (34) ledger structures; (35) data models; (36) analytics; and (37) aggregated and anonymized datasets created by IQUnlock.
Any improvements, modifications, enhancements, updates, upgrades, derivative works, and extensions of the Services shall be owned exclusively by IQUnlock and its licensors.
Except for the limited license expressly granted in these Terms, no right, title, ownership interest, or license is granted, transferred, assigned, or conveyed to you, whether by implication, estoppel, exhaustion, operation of law, or otherwise.
All rights not expressly granted are reserved by IQUnlock and its licensors. You acknowledge that the Services constitute valuable proprietary and confidential information of IQUnlock and that no ownership rights are transferred through your access to or use of the Services.
No implied licenses are granted under these Terms, and any rights not expressly granted to you are reserved by IQUnlock and its licensors. You acknowledge that unauthorized use of the Services may violate intellectual property, trade secret, unfair competition, and other laws and may result in civil and criminal penalties.
12. FEEDBACK
If you provide suggestions, comments, recommendations, ideas, improvements, enhancement requests, corrections, or other feedback regarding the Services ("Feedback"), you hereby irrevocably assign to IQUnlock all right, title, and interest in and to such Feedback, including all intellectual-property and proprietary rights therein.
To the extent any rights in the Feedback cannot be assigned, you grant IQUnlock a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, distribute, display, perform, create derivative works from, commercialize, and otherwise exploit such Feedback for any purpose.
IQUnlock has no obligation to implement, use, acknowledge, or compensate you for any Feedback.
13. ARTIFICIAL INTELLIGENCE FEATURES
The Services utilize artificial-intelligence technologies to support educational content generation, quiz generation, and related functionality.
AI-generated content, educational materials, quizzes, recommendations, suggestions, explanations, and other outputs may contain inaccuracies, omissions, errors, biases, or outdated information and may not reflect the most current information available.
You are solely responsible for evaluating, reviewing, and verifying any content, information, or output generated through the Services before relying upon it.
IQUnlock does not guarantee the accuracy, completeness, reliability, suitability, legality, availability, or fitness for any particular purpose of AI-generated outputs.
AI-generated content is provided solely for educational, informational, and illustrative purposes and should not be relied upon as professional, legal, financial, medical, psychological, educational, or other expert advice.
To the maximum extent permitted by law, IQUnlock shall not be liable for any decisions, actions, omissions, losses, damages, injuries, claims, or liabilities arising from or relating to your use of or reliance upon AI-generated content or outputs.
IQUnlock reserves the right to modify, replace, suspend, restrict, or discontinue any artificial-intelligence feature at any time without notice.
14. THIRD-PARTY SERVICES
The Services utilize third-party providers, including payment processors, reward-fulfillment providers, authentication providers, cloud-service providers, messaging providers, artificial-intelligence providers, and other service providers necessary to operate the Services.
Your use of third-party services may be subject to the applicable terms, conditions, and privacy policies of those third parties.
IQUnlock does not control and is not responsible for the availability, functionality, performance, reliability, security, privacy practices, content, products, services, policies, acts, omissions, or conduct of any third-party provider.
IQUnlock makes no representations or warranties regarding any third-party provider and shall not be liable for any loss, damage, liability, claim, interruption, delay, data loss, security incident, payment issue, redemption issue, or other harm arising from or relating to any third-party provider or your use of any third-party service.
The use of third-party providers by IQUnlock does not constitute an endorsement, sponsorship, partnership, agency relationship, or guarantee by IQUnlock of any third-party provider, product, or service.
15. APP STORE TERMS
Apple App Store Terms
If you access or download the Services through Apple's App Store, you acknowledge and agree that these Terms are entered into solely between you and IQUnlock, and not with Apple Inc. Apple is not responsible for the Services or their content.
Your license to use the Services is limited to a non-transferable license to use the Services on any Apple-branded device that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
Apple has no obligation to furnish maintenance or support services with respect to the Services.
In the event of any failure of the Services to conform to an applicable warranty, you may notify Apple, and Apple may refund any applicable purchase price for the Services. To the maximum extent permitted by law, Apple shall have no other warranty obligation whatsoever with respect to the Services.
Apple is not responsible for addressing any claims relating to the Services, including claims relating to product liability, consumer protection laws, regulatory compliance, intellectual-property infringement, or similar matters.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple shall have the right to enforce these Terms against you as a third-party beneficiary.
Google Play Terms
If you obtain the Services through Google Play, your use of Google Play is subject to the Google Play Terms of Service and any applicable Google policies.
IQUnlock is solely responsible for the Services, and Google has no responsibility or liability with respect to the Services, their maintenance, support, or operation.
You acknowledge that Google is a third-party beneficiary of these Terms to the extent necessary to enforce any applicable rights relating to the distribution of the Services through Google Play.
16. COPYRIGHT POLICY AND DMCA NOTICE
IQUnlock respects the intellectual-property rights of others and expects users to do the same.
If you believe that any content available through the Services infringes your copyright, you may submit a written copyright infringement notification containing the following information:
(1) identification of the copyrighted work claimed to have been infringed;
(2) identification of the allegedly infringing material sufficient to permit its location;
(3) your contact information, including name, address, telephone number, and email address;
(4) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(5) a statement made under penalty of perjury that the information contained in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
(6) your physical or electronic signature.
Copyright notices should be directed to:
DMCA Agent
IQUnlock, LLC.
Email: info@iqunlock.comIQUnlock reserves the right to remove allegedly infringing content, disable access to such content, terminate accounts of repeat infringers, and take any other action permitted by law.
17. DATA PRIVACY
Your access to and use of the Services is subject to the IQUnlock Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how IQUnlock collects, uses, discloses, stores, retains, and protects personal information and other data obtained through the Services.
By accessing or using the Services, you acknowledge that you have reviewed and understand the Privacy Policy and consent to the collection, use, disclosure, storage, and processing of information as described therein.
IQUnlock implements administrative, technical, and physical safeguards designed to protect information processed through the Services. However, no method of electronic transmission, storage, or processing can be guaranteed to be completely secure. Accordingly, IQUnlock does not guarantee the security of any information transmitted to, through, or stored in the Services.
You are responsible for maintaining appropriate safeguards for your account credentials and any devices used to access the Services. You further acknowledge that you are responsible for maintaining backups of any content or information you submit to the Services.
To the extent permitted by applicable law, IQUnlock shall not be liable for unauthorized access to, acquisition of, alteration of, disclosure of, loss of, or destruction of information unless caused by IQUnlock's gross negligence or willful misconduct.
IQUnlock has no obligation to maintain, export, provide copies of, or recover any information except as required by applicable law.
If there is any conflict between these Terms and the Privacy Policy regarding the processing of personal information, the Privacy Policy shall control with respect to privacy and data-processing matters.
18. CONFIDENTIALITY
You acknowledge that the Services contain confidential, proprietary, and trade-secret information belonging to IQUnlock and its licensors.
You agree not to disclose, reproduce, distribute, publish, transmit, perform, display, copy, use, exploit, or otherwise make available any Confidential Information, as defined below, except as expressly authorized by IQUnlock in writing.
For purposes of these Terms, "Confidential Information" includes software, source code, object code, APIs, databases, algorithms, workflows, technical architectures, security procedures, question banks, educational content, scoring methodologies, rewards methodologies, reward systems, IQU-credit structures, AI prompts, AI prompt structures, AI-generated educational content, business methods, product designs, documentation, know-how, trade secrets, and all other non-public information relating to the Services.
Confidential Information does not include information that you can demonstrate: (1) was lawfully known to you prior to disclosure by IQUnlock without confidentiality restrictions; (2) becomes publicly available through no unauthorized act or omission by you; (3) is independently developed by you without reference to IQUnlock's Confidential Information; or (4) is lawfully obtained from a third party without confidentiality restrictions.
Upon termination of your access to the Services or upon IQUnlock's request, you shall immediately cease all use of Confidential Information and return or destroy all copies of Confidential Information in your possession or control, except as otherwise required by applicable law.
Any unauthorized use or disclosure of Confidential Information constitutes a material breach of these Terms.
You acknowledge and agree that unauthorized use or disclosure of Confidential Information may cause irreparable harm to IQUnlock for which monetary damages alone would be an inadequate remedy. Accordingly, IQUnlock shall be entitled to seek injunctive relief, equitable relief, and specific performance, in addition to any other remedies available at law or in equity, without the necessity of posting bond or proving actual damages.
19. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IQUNLOCK, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, PERFORMANCE, AVAILABILITY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IQUNLOCK DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE, OR FREE OF HARMFUL CODE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE.
WITHOUT LIMITING THE FOREGOING, IQUNLOCK DOES NOT WARRANT THE AVAILABILITY, FUNCTIONALITY, SECURITY, PERFORMANCE, OR RELIABILITY OF ANY THIRD-PARTY PROVIDER, PAYMENT PROCESSOR, REWARD-FULFILLMENT PROVIDER, AUTHENTICATION PROVIDER, MESSAGING PROVIDER, OR OTHER THIRD-PARTY SERVICE UTILIZED IN CONNECTION WITH THE SERVICES.
IQUNLOCK DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, OR FITNESS OF ANY EDUCATIONAL CONTENT, QUIZZES, REWARDS, REDEMPTION FEATURES, GIFT-CARD FULFILLMENT SERVICES, OR ARTIFICIAL-INTELLIGENCE-GENERATED CONTENT OR OUTPUTS.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM IQUNLOCK OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.
20. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IQUNLOCK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, ASSIGNS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF CONTENT, LOSS OF USE, LOSS OF SAVINGS, BUSINESS INTERRUPTION, LOSS OF REWARDS, LOSS OF IQU CREDITS, LOSS OF REDEMPTION OPPORTUNITIES, LOSS OF GIFT-CARD BENEFITS, LOSS OF ACCOUNT ACCESS, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF IQUNLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IQUNLOCK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE GREATER OF: (1) ONE HUNDRED U.S. DOLLARS (US $100); OR (2) THE TOTAL AMOUNT PAID BY YOU TO IQUNLOCK DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITING THE FOREGOING, IQUNLOCK SHALL HAVE NO LIABILITY FOR: (1) THE SUSPENSION, CANCELLATION, FORFEITURE, MODIFICATION, EXPIRATION, UNAVAILABILITY, ADJUSTMENT, OR REVOCATION OF ANY IQU CREDITS, REWARDS, REDEMPTION REQUESTS, GIFT-CARD REWARDS, SUBSCRIPTIONS, PROMOTIONAL BENEFITS, ACCOUNT PRIVILEGES, OR OTHER PROGRAM FEATURES; (2) THE ACTS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS, INCLUDING PAYMENT PROCESSORS, AUTHENTICATION PROVIDERS, MESSAGING PROVIDERS, OR REWARD-FULFILLMENT PROVIDERS; (3) ANY AI-GENERATED CONTENT, QUIZZES, RECOMMENDATIONS, OR OUTPUTS; OR (4) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT RESULTING FROM YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR CREDENTIALS.
21. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless IQUnlock, its affiliates, parents, subsidiaries, officers, directors, employees, contractors, licensors, service providers, successors, assigns, and agents (collectively, the "IQUnlock Parties") from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, losses, costs, expenses, fines, penalties, and reasonable attorneys' fees arising out of or relating to: (1) your access to, use of, or misuse of the Services; (2) your violation of these Terms, the Privacy Policy, or any other applicable policy; (3) your violation of any applicable law, regulation, or governmental requirement; (4) your infringement, misappropriation, or violation of any intellectual-property, privacy, publicity, contractual, proprietary, or other rights of any third party; (5) any content, information, materials, communications, or User Content submitted, uploaded, transmitted, or otherwise provided by you; (6) any activity occurring under your account; (7) your failure to maintain the confidentiality or security of your account credentials; (8) your use of rewards, IQU credits, redemption features, gift-card rewards, wallet functionality, or subscription features; (9) your acts or omissions relating to any child account associated with your account; or (10) any dispute between you and another user, parent, guardian, child, recipient, or third party arising from or relating to the Services.
IQUnlock reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with IQUnlock in asserting any available defenses.
22. TERMINATION
22.1 Termination by you. You may terminate your account or cancel any subscription associated with the Services at any time through your account settings or by contacting IQUnlock. Cancellation of a subscription will become effective at the end of the then-current billing period unless otherwise required by applicable law. Except as otherwise required by applicable law or expressly stated by IQUnlock in writing, subscription fees and other amounts paid in connection with the Services are non-refundable. Termination or cancellation does not entitle you to a refund for any unused subscription period, unused rewards, unused credits, pending redemption requests, gift-card rewards, or unused portions of the Services.
22.2 Termination by IQUnlock. IQUnlock may suspend, restrict, freeze, or terminate your access to the Services, in whole or in part, immediately and without prior notice if: (1) you violate these Terms, the Privacy Policy, or any other applicable policy; (2) your account, activities, or conduct present or reasonably appear to present a security risk to the Services, IQUnlock, or other users; (3) you fail to pay any fees, charges, subscription amounts, or other amounts due; (4) IQUnlock is required to do so by applicable law, regulation, court order, governmental authority, or law-enforcement request; (5) IQUnlock reasonably suspects fraud, abuse, unauthorized activity, misuse of the Services, or violations of these Terms; (6) IQUnlock elects to discontinue, suspend, limit, modify, or terminate the availability of the Services or any portion thereof; or if (7) IQUnlock reasonably determines that continued access may expose IQUnlock, its users, service providers, or the Services to legal, regulatory, reputational, operational, or security risks. Any suspension or termination may occur without prior notice. IQUnlock shall not be liable for any resulting loss of access, content, data, account information, rewards, credits, redemption opportunities, subscriptions, functionality, or other benefits associated with the Services. IQUnlock further reserves the right to suspend, freeze, adjust, revoke, cancel, or recover rewards, credits, redemption requests, account balances, subscriptions, or other benefits associated with any account that is suspended or terminated, including where IQUnlock reasonably suspects fraud, abuse, chargebacks, payment reversals, unauthorized activity, technical errors, or violations of these Terms. IQUnlock's exercise of its rights under this section shall not constitute a waiver of any other rights or remedies available under these Terms, at law, or in equity.
22.3 Effect of Termination. Upon termination of your access to the Services: (1) all rights and licenses granted to you under these Terms immediately cease; (2) you must immediately discontinue all use of the Services; (3) IQUnlock may disable, suspend, delete, retain, archive, anonymize, or otherwise process your account and associated information, subject to applicable legal, regulatory, accounting, audit, security, dispute-resolution, and record-retention obligations; and (4) you remain responsible for all fees, charges, payment obligations, liabilities, and other obligations incurred prior to the effective date of termination. Termination of a parent account may result in the suspension or termination of all child accounts associated with that parent account. Upon termination, any pending redemption requests, rewards, credits, subscriptions, account privileges, promotional benefits, or other features associated with the terminated account may be canceled, forfeited, suspended, or revoked to the extent permitted by applicable law. Termination of the Services does not relieve you of any obligations that accrued prior to termination. Any provisions that by their nature should survive termination shall survive termination, including without limitation the provisions relating to license restrictions, intellectual property rights, confidentiality, disclaimers of warranties, limitation of liability, indemnification, dispute resolution, class action waiver, governing law and jurisdiction, payment obligations, and all accrued rights and remedies. IQUnlock shall have no obligation to maintain, store, provide access to, export, or recover any account information, content, rewards, credits, redemption requests, or other data following termination. IQUnlock reserves the right to complete, cancel, reverse, suspend, or decline any pending transaction, redemption, reward, gift-card fulfillment request, subscription process, or account activity following termination.
23. INJUNCTIVE RELIEF
You acknowledge and agree that any actual or threatened violation of these Terms, including any unauthorized use of the Services, misuse of Confidential Information, violation of the license restrictions set forth herein, infringement or misappropriation of IQUnlock's intellectual-property rights, trade secrets, proprietary rights, or other confidential and proprietary information, may cause irreparable harm to IQUnlock for which monetary damages alone would be an inadequate remedy.
Accordingly, IQUnlock shall be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, equitable relief, and any other remedies available at law or in equity, without the necessity of posting bond, proving actual damages, or establishing that monetary damages are inadequate.
The availability of such remedies shall be in addition to, and not in lieu of, any other rights or remedies available to IQUnlock under these Terms, at law, or in equity.
24. DISPUTE RESOLUTION
Prior to initiating any legal proceeding arising out of or relating to the Services or these Terms, the parties shall attempt in good faith to resolve the dispute informally. The party asserting the dispute shall provide written notice describing the nature of the dispute and the relief requested. The parties shall have thirty (30) days from receipt of such notice to attempt to resolve the dispute before initiating litigation.
Nothing in this section shall prevent either party from seeking temporary, preliminary, or permanent injunctive relief, equitable relief, or other remedies necessary to protect its intellectual-property rights, confidential information, trade secrets, or other proprietary interests.
25. CLASS ACTION WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY.
YOU WAIVE ANY RIGHT TO PARTICIPATE IN, RECOVER THROUGH, OR SERVE AS A PLAINTIFF, CLASS REPRESENTATIVE, MEMBER, OR REPRESENTATIVE IN ANY CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR SIMILAR PROCEEDING.
THE PARTIES FURTHER AGREE THAT NO CLAIM SHALL BE CONSOLIDATED WITH ANY OTHER CLAIM OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF IQUNLOCK.
26. GOVERNING LAW AND JURISDICTION; DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon and applicable federal laws of the United States, without regard to any conflict-of-laws principles that would require the application of the laws of another jurisdiction.
You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state courts located in Clackamas County, Oregon, and the United States District Court for the District of Oregon. You hereby consent to the personal jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.
To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such claim shall be permanently barred.
In the event of any dispute arising out of or relating to these Terms or the Services, the parties shall first attempt in good faith to resolve the dispute through informal negotiations. If the dispute is not resolved within thirty (30) days after written notice of the dispute, either party may submit the matter to non-binding mediation. If the dispute is not resolved through mediation, either party may pursue any rights or remedies available under applicable law
27. CHANGES TO TERMS
IQUnlock may modify these Terms at any time by posting updated Terms through the Services or on its website. Your continued use of the Services after revised Terms become effective constitutes acceptance of those revised Terms.
28. MISCELLANEOUS
28.1 Assignment. You may not assign, delegate, transfer, or otherwise dispose of any rights or obligations under these Terms without the prior written consent of IQUnlock. Any attempted assignment in violation of this provision shall be null and void. IQUnlock may assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, financing transaction, corporate reorganization, or sale of assets.
28.2 No Monitoring. IQUnlock has no obligation to monitor user activity, User Content, account activity, communications, or conduct and assumes no responsibility for failing to monitor the Services.
28.3 Severability. If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be construed to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect.
28.4 Force Majeure. IQUnlock shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, hurricanes, earthquakes, floods, pandemics, epidemics, public emergencies, labor disputes, internet disruptions, power outages, governmental actions, cyberattacks, failures of telecommunications providers, failures of third-party service providers, war, terrorism, civil unrest, or similar events.
28.5 Export Controls. You may not use, access, export, re-export, or transfer the Services in violation of any applicable export-control, sanctions, or trade laws of the United States or any other applicable jurisdiction.
28.6 Entire Agreement. These Terms, together with the Privacy Policy and any other agreements or policies expressly incorporated by reference, constitute the entire agreement between you and IQUnlock with respect to the Services and supersede all prior or contemporaneous communications, understandings, negotiations, and agreements relating thereto.
28.7 No Waiver. No failure or delay by IQUnlock in exercising any right, remedy, or provision under these Terms shall operate as a waiver of that right, remedy, or provision.
28.8 Survival. Any provisions that by their nature should survive termination shall survive termination, including without limitation the provisions relating to intellectual property rights, license restrictions, confidentiality, indemnification, disclaimers, limitation of liability, governing law, jurisdiction, dispute resolution, class-action waiver, and accrued payment obligations.
28.9 Independent Parties. Nothing contained in these Terms shall be construed as creating a partnership, joint venture, agency, employment, franchise, fiduciary, or representative relationship between you and IQUnlock.
28.10 Headings. Section headings are provided for convenience only and shall not affect the interpretation of these Terms.
28.11 Electronic Records and Signatures. You agree that your use of the Services constitutes your agreement to transact electronically. You consent to the use of electronic records, disclosures, notices, communications, and signatures in connection with the Services. You acknowledge that your electronic acceptance of these Terms has the same legal effect as a handwritten signature.
28.12 Language. These Terms are executed in the English language. Any translation is provided solely for convenience. In the event of any conflict between the English version and any translated version, the English version shall control.
28.13 Remedies Cumulative. Except where expressly stated otherwise, all rights and remedies available to IQUnlock under these Terms, at law, or in equity, shall be cumulative and may be exercised concurrently or separately.
29. CONTACT INFORMATION
IQUnlock, LLC.
Website: https://www.iqunlock.com
Email: info@iqunlock.com
