AntiFragile Quotient Terms of Service

These Terms of Service (“Terms”) are a binding contract between you and Lucidly, Inc., dba Antifragile Quotient (“AQ,” “we” or “us”) and, together with our Privacy Policy, govern your use of our website at aqfounder.com as well as our social media channels and other websites we own or operate (collectively, the “Website”) and/or your access to and use of AQ’s proprietary client portal platform via web or mobile application (“Client Portal”) (together, the “Digital Services”) and, if you are a Client, the services described in one or more Statements of Work (our “Professional Services”; the Digital Services and Professional Services are collectively referred to herein as our “Services”), as applicable.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND AQ. Additional separate terms may apply to certain of the Services, and such additional terms will be considered a part of these Terms. If you have any questions about these Terms or the Services, please contact AQ at support@aqfounder.com.

1. Terms Acceptance

You accept these Terms by accessing or using the Services in any manner or by clicking to accept or agree to the Terms where this option is made available to you. You must be of legal age and have the capacity to form a binding contract to accept these Terms and use the Services. By accepting these Terms, you also acknowledge that you have read and you agree to our Privacy Policy. If you do not agree to these Terms, please do not use the Services.

2. Disclaimers

2.1 Responsibility for Use

You understand and agree, on your behalf and on behalf of your Participants (defined in Section 3(b)), that the Services are designed to provide helpful insights and analysis about your leadership, team, and individual dynamics; help with the successful adoption and utilization of the Digital Services; and activate the insights gained by the Services. You agree that you are solely responsible for your and your Participants’ physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from your receipt or use of the Services. You further understand and agree that the Services (a) are not therapy and will not prevent, cure, or treat any mental disorder or medical condition or medical disease; (b) do not involve the diagnosis or treatment of any mental disorder or medical condition; and (c) are not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals. It is your sole and exclusive responsibility to seek appropriate independent professional support as needed. Any reliance you or your Participants place on information offered through the Services is strictly at your own risk. AQ disclaims all liability and responsibility arising from any reliance placed on such content by you or your Participant, or by anyone who may be informed thereof. You agree that AQ is not liable and will have no liability whatsoever relating to any outcome of your receipt of the Services or for the action or inaction of you, your Participant, or any third party related to the Services. The permissions granted to you by these Terms will terminate automatically if you breach any of these Terms.

2.2 Artificial Intelligence

AQ offers certain Services features powered by artificial intelligence, machine learning, or similar technologies (“AI Features”). You hereby authorize AQ to use AI Features as described in this section and you accept the risks related to such use. User Content, Client Data, Recording Data, and other lawfully obtained data (“Inputs”) are input to the AI Feature for processing to produce analytics, insights, or other outputs (“Outputs”) as part of the Services. You acknowledge and agree that (a) Outputs are not human-created and are not a substitute for human oversight; (b) Outputs may be inaccurate or may not be unique to you or your Participant; (c) Outputs may provide incomplete, incorrect, or offensive information; (d) it is solely your responsibility to evaluate all Outputs and confirm they are appropriate for your use; and (e) AQ makes no representations whatsoever as to Outputs, including without limitation legality, distinctiveness, accuracy, completeness, consistency, or ability to be protected under intellectual property laws. You are responsible for (i) monitoring all Outputs; (ii) verifying the facts presented in Outputs; and (iii) using human review before using Outputs or sharing Outputs with others. Outputs do not necessarily represent AQ’s views. Outputs that contain references to third-party services do not mean the third party endorses or is affiliated with AQ.

3. Digital Services

3.1 Website

On the Website, you can learn about our solutions and services, complete a free AQ Assessment, connect with AQ, or engage with any other features offered through the Website. As a Website visitor, you are hereby granted a limited, revocable, nontransferable, nonexclusive license to access, view AQ IP, and interact with the Website solely for your own personal or internal business (non-commercial) use. The Website and its contents are licensed to you, not sold.

3.2 Client Portal

You may access the Client Portal as a visitor to take an assessment or use other free services and features made available through the Client Portal, or as a Client or one of the Client’s employees, contractors, agents, participants, and other end users (each a “Participant”). AQ hereby grants you a limited, worldwide, non-exclusive, non-transferable (except from a Client to the Client’s Participants) right to use the Client Portal solely for your personal use or for internal business operations of the applicable Client. AQ reserves the right to add, change, or delete the Client Portal at any time without notice, provided that any changes do not materially reduce the overall level of beneficial use of the Client Portal. You acknowledge that AQ provides the Client Portal “as-is,” without warranty, and will have no liability of any kind (including for both direct and indirect damages) arising out of or in connection with the performance of the Client Portal or your use thereof.

You are responsible for maintaining the confidentiality of your login credentials. Your login credentials are for your personal use only and you may not, under any circumstances, share, distribute, or otherwise make your login credentials available to anyone. You accept responsibility for all activity that occurs under your account. AQ is not liable for any loss or damage arising out of your failure to maintain your account security. You agree to notify us immediately of any suspected theft, loss, or fraudulent use of your login credentials.

3.3 User Content

You may have the opportunity to publish, transmit, submit, or otherwise post Feedback, comments, photos, or other materials via your account or otherwise on or through the Services (collectively, “User Content”) that may be accessible or viewable by the public or others. With respect to any User Content posted by you, you represent that (i) you created and own the rights to the User Content, or you own or have the necessary licenses, rights, consents, and permissions to use and authorize AQ to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any User Content to enable inclusion thereof in the manner contemplated by these Terms; and (ii) the User Content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks, rights of publicity or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies. You are solely responsible for the consequences of posting User Content. User Content must not:

• Misrepresent your identity or affiliation with any person or organization.
• Seek to collect others’ Personal Information by any means.
• Seek to transmit chain letters, or bulk or junk email.
• Relate to contests, sweepstakes, or other sales promotions.
• Include information that may be used to track, contact, or impersonate another.
• Infringe any intellectual property or other proprietary rights of AQ or any other person.
• Seek to harm or exploit children or other vulnerable persons.
• Contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory, profane, or otherwise offensive, damaging, unlawful, or harmful.
• Violate AQ’s or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act.
• Be otherwise objectionable as determined by AQ at our sole discretion.

You hereby grant AQ a non-exclusive, unlimited, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute your User Content in any media for any lawful purpose. AQ DOES NOT ENDORSE ANY USER CONTENT, AND AQ EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT. AQ does not permit copyright infringing activities and infringement of intellectual property rights on the Services. AQ reserves the right to remove User Content without prior notice.

4. Professional Services

This Section 4 applies to Clients receiving Professional Services.

4.1 Statement(s) of Work

If you sign up to receive the Services as a Client, AQ agrees to provide you with the Professional Services described in one or more Statements of Work (or “SOWs”), whether executed electronically or in hardcopy. Each executed SOW is incorporated into these Terms by this reference. AQ will render the Services (a) in accordance with the applicable SOW and any additional requests or instructions from the Client in writing as accepted and agreed to by AQ (email to suffice); (b) remotely or at locations reasonably requested by the Client and agreed to by AQ; and (c) using methods, details, and means of performing the Services as determined by AQ. AQ may subcontract or delegate the performance of Professional Services to a third party, provided that such third party is required by written agreement to perform such Professional Services in compliance with the standards of these Terms. AQ hereby grants you as the Client a limited revocable, non-exclusive license to use the Professional Services as set forth in the applicable SOW in accordance with these Terms. The provisions of these Terms shall prevail over any conflicting or deviating provisions in a Statement of Work, unless such deviation is made by express reference to the provision of these Terms from which the provision in the SOW deviates.

Client or AQ may terminate an applicable SOW (i) for any reason upon sixty (60) days written notice (email shall suffice) to the other party without penalty or (ii) for material breach of these Terms by the other party upon thirty (30) days’ advance written notice specifying such breach, unless the breach is cured within thirty days of the receiving party’s receipt of such notice. In the event of a SOW termination, the Client will pay AQ on NET15 terms all Fees owed to AQ for Services up to and including the date of termination.

4.2 Deliverables

Work product identified in the applicable SOW as a “Deliverable” and delivered to the Client pursuant to these Terms (collectively, “Deliverables”) shall be deemed specially commissioned or ordered as a “work-made-for-hire” for Client within the meaning of the United States Copyright Act and, upon payment in full of all Fees for such Deliverable, Client shall own all rights in and to such Deliverables and all derivative, allied, and ancillary rights in and to the Deliverables. To the extent that any of the Deliverables are not considered a work-made-for-hire for the Client, AQ hereby perpetually and irrevocably assigns, and agrees to assign, to the Client, all right, title and interest in and to the Deliverables and the rights thereto, including but not limited to all patents, wordmarks, trademarks and copyrights (and all extensions and renewals thereof), without any further compensation to AQ. AQ waives all moral rights of authors and “droit moral” that it may have in or to the Deliverables throughout the world, of every kind or nature. The payments made by the Client to AQ under these Terms are deemed to include sufficient remuneration for those rights now or hereafter known as the “lending rights” and “rental rights” in and to the Deliverables. AQ hereby agrees that the compensation provided for in these Terms includes an equitable payment of any sums that may hereafter become due to AQ with respect to the exploitation of the lending and rental or any other rights in relation to the Deliverables in any and all territories of the world. For the avoidance of doubt, all work product or Services provided to the Client but not identified as a “Deliverable” in the applicable SOW, as well as any tools, methods, processes, or materials that may be used in the development or creation of a Deliverable, are AQ IP provided to Client subject to the license grant in Section 5(a) herein.

4.3 Participants

A Client may permit their employees, contractors, agents, participants, and other end users of the Client’s choosing to access or use the Services by, through or in connection with these Terms (collectively, “Participants”). Client represents and warrants that all Participants are 18 years of age or older and of sound mind and competence to participate in the Services. The Client agrees to: (a) be responsible for compliance with these Terms by all of the Client’s Participants; (b) give notice and obtain any necessary consents and authorizations from Participants as may be required by applicable local, state, federal, and foreign laws (“Applicable Laws”), contracts, or internal policies or guidelines for the Participant to take part in the Services; (c) ensure the accuracy and lawful collection and use of any data, including Personal Information, that is provided to AQ in any manner; (d) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify AQ promptly of any unauthorized access or use; and (e) use and ensure that its Participants use the Services only in accordance with these Terms and all applicable law. Client hereby agrees to these Terms on behalf of Client and the Client’s Participants. Any use of the Services in violation of the foregoing by the Client or its Participants that in AQ’s sole judgment threatens the security, integrity, or availability of the Services may result in immediate suspension of access to the Services.

4.4 Recording Data

Certain AI Features process data from audio or video recordings of sessions, including any Personal Information collected as part of such data (“Recording Data”), to produce insights, analytics, or other Outputs. Outputs from Recording Data (including any Personal Information in such Outputs) may be accessible by the Client or certain Participants as authorized by the Client. The Client is solely responsible for the creation of Recording Data and the Client’s use of Recording Data both in connection with and separate from the Client’s receipt of the Services. The Client agrees that AQ shall have no liability whatsoever to the Client or Client’s Participants or any third party related to Recording Data or any use thereof for the provision of Services to the Client or as otherwise permitted by these Terms or the Client’s instructions to AQ. Personal Information included in Recording Data will be treated in accordance with AQ’s Privacy Policy and these Terms. The Client represents and warrants that the Client has informed all Participants that sessions may be recorded and that Recording Data will be processed by AI Features. For the avoidance of doubt, THE CLIENT IS SOLELY RESPONSIBLE FOR ENSURING LEGALLY SUFFICIENT NOTICE AND CONSENT OF ALL PARTICIPANTS RELATED TO THEIR PARTICIPATION IN THE SERVICES.

4.5 Client Data

Client Data will be the sole property of Client, except to the extent that it consists of AQ IP (defined in Section 5(a)). As used in these Client Terms, “Client Data” means any data provided by the Client to AQ as part of the Services, including without limitation: (a) data the Client makes available to AQ; (b) Participant Personal Information; (c) Recording Data; (d) information about the Client’s business as provided by the Client or as collected about the Client’s business from the Client’s website or other publicly available resources (which may include data about employees, contractors, customers, and other affiliated parties); (e) data collected or submitted on or through the Client Portal; and (f) documents, products, samples, or materials the Client provides to AQ for use in connection with the Services. The Client hereby grants AQ a nonexclusive, perpetual, irrevocable license to copy, use, process, distribute, and create derivative works from Client Data as necessary to provide the Services or for AQ’s internal business purposes (“Client Data License”). For the avoidance of doubt, the Client Data License permits AQ to create derivative works or create deidentified, aggregated, or statistical versions of Client Data and use such versions for any lawful purpose. The Client Data License shall survive termination or expiration of these Terms.

The Client hereby represents and warrants that, with respect to any Client Data Client uploads to the Services: (i) the Client owns or has the right to upload and use such Client Data; (ii) the Client has all rights and authority to grant to AQ the license to Client Data, and Client agrees to be solely responsible for any liability associated with granting such license to AQ; and (iii) such Client Data, or its use by the Client on the Services as contemplated by these Terms, does not violate these Terms or any other rights set forth within our Privacy Policy, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of Client or the Client Data by AQ without express written consent from AQ. AQ may, but has no obligation to, monitor, review, or edit Client Data. In all cases, AQ reserves the right to remove or disable access to any Client Data for any or no reason, including Client Data that, in our sole discretion, violates these Client Terms. AQ may take these actions without prior notification to the Client or any third Party. Removal or disabling of access to Client Data shall be at our sole discretion, and AQ does not promise to remove or disable access to any specific Client Data. The Client is solely responsible for all Client Data it uploads to the Services. AQ is not responsible for any Client Data nor does AQ endorse any opinion contained in any Client Data.

4.6 Fees

The Client agrees to pay the fees stated in the applicable SOW (“Fees”) as set forth in this Section 4(f). Fees are invoiced monthly in advance, and payment is on receipt of invoice. The Client will receive the first invoice under a SOW when the first session or action item under such SOW is scheduled, and the Client will receive subsequent invoices each month thereafter during the term of the applicable SOW. The Client agrees to reimburse AQ for expenses incurred by AQ in the performance of the Professional Services, provided that AQ provides reasonable receipts, invoices, and other records substantiating the expense for which reimbursement is requested. The Client is solely responsible for payment of any and all applicable sales and use taxes based on the Client’s business address. The Client agrees that AQ may charge the Client’s payment method for the Fees due hereunder as well as any sales and use taxes and any late fees or interest (described below). The Client must promptly notify AQ if the Client disputes any invoiced amount; AQ will provide reasonable supporting information concerning any disputed amount, and the parties agree to work together in good faith to resolve any such disputes. All Fees are quoted in United States dollars. Fees are non-refundable once paid.

Failure to pay Fees within five (5) days of the due date qualifies as a breach of this Agreement. If the Client fails to pay any amount owed on time or if AQ cannot charge Client’s payment method for any reason, AQ reserves the right to suspend or terminate Client’s access to the Services. In addition, if any payment is not received within 30 days after the due date, then AQ may charge the Client a late fee of $50 and AQ may assess interest at the rate of 1.5% of the outstanding balance per month (18% per year), or the maximum rate permitted by law, whichever is lower, from thirty (30) days after the due date until the date paid. If unpaid Fees are referred to an attorney or collections agency, the Client agrees to pay all reasonable attorney fees or collections agency fees. AQ has no obligation to refund any portion of Fees once paid.

4.7 AQ Representations and Warranties

AQ represents and warrants: (i) that it is duly formed and organized and authorized to enter in these Terms; (ii) to provide the Services in compliance with the laws applicable to its industry and the jurisdictions from which it operates; (iii) to maintain during the term of these Terms all necessary and appropriate insurance policies with minimum limits corresponding to its business and sufficient to protect against all applicable risks arising out of or relating to these Terms; (iv) to the best of AQ’s knowledge, neither the Services nor AQ’s provision thereof infringes the intellectual property rights of any third party.

4.8 Client Representations and Warranties

Client represents and warrants: (i) that it is duly formed and organized and authorized to enter into these Terms; (ii) Client will comply with these Terms and all applicable laws and regulations and will ensure that its use of the Services does not and will not violate third-party rights of any kind; (iii) Client is not a party to, and it will not enter into, any agreement which would prevent it from fulfilling its obligations under these Terms or impose conflicting obligations on Client; (iv) to maintain all necessary and appropriate insurance policies with minimum limits corresponding to its business and sufficient to protect against all applicable risks arising out of or relating to these Terms; and (v) the foregoing statements are true and correct as of the date of execution of these Terms and will continue to be true and correct for the duration of the Term. In no case will AQ be liable for Client’s breach of Client’s obligations under these Terms or any failure to comply with Applicable Law.

4.9 Confidentiality

Each party may receive confidential, proprietary, or non-public information from the other party (e.g., trade secrets, business plans, finances, marketing plans, business opportunities, customer information, contracts, know-how, prototypes) in written, oral, electronic, or in other forms in connection with this Agreement (“Confidential Information”). Each party agrees to keep the other party's Confidential Information confidential, except that a recipient party may disclose the disclosing party’s Confidential Information, provided that such recipients are bound by written confidentiality obligations: (i) as needed for AQ to provide the Services; (ii) to a Party’s legal counsel, accountants, or other professional service provider subject to an ethical or contractual obligation to maintain the confidentiality of such Confidential Information; (iii) to its subcontractors, vendors, cloud service providers, AI service providers, and other third-party technology providers engaged in the delivery of the Services; or (iv) to its affiliates, employees, consultants, contractors, service providers, and other third-party recipients on a need-to-know basis. Additionally, the recipient Party may disclose Confidential Information as authorized in writing by the disclosing Party.

Except as incorporated in any Deliverables, at the disclosing party’s request, the recipient party will return or destroy any and all materials furnished by the disclosing party that contain the Confidential Information. A receiving Party may comply with the requirement of the preceding sentence by anonymizing or deidentifying Personal Information or stripping Confidential Information of all proprietary business information and identifying elements. These obligations do not apply to information that is publicly available, already known without a duty of confidentiality, independently developed, or lawfully obtained from a third party. Each party acknowledges that any disclosure to any third party or any misuse of the Confidential Information would irreparably harm the disclosing party. The provisions of this section will survive any termination of these Terms. For the avoidance of doubt, this Section 4(i) shall control in the event of a conflict between this Section 4(i) and a separate written confidentiality agreement between AQ and Client.

4.10 Third-Party Tools

The Professional Services may incorporate software, features, tools, or other technologies offered by a third party (“Third-Party Tools”) for use by AQ in providing the Professional Services or for access by the Client or Client’s Participant via the Client Portal. Client understands and agrees that (a) AQ has no control over Third-Party Tools and does not monitor the operations or Client’s use of Third-Party Tools; (b) Third-Party Tools are provided “as-is” and “as available”; (c) Client will use Third-Party Tools in compliance with the applicable third-party terms and conditions; (d) AQ provides access to Third-Party Tools without any warranties, representations, or conditions of any kind and without any endorsement; and (e) AQ shall have no liability whatsoever arising from or relating to Client’s or its Participant’s use of Third-Party Tools. The Client and Client’s Participants use Third-Party Tools at Client’s own risk and discretion.

5. Proprietary Rights

5.1 Services Ownership & License Grant

Unless otherwise expressly indicated, the Services (including any Client Portal) and all content, methods, documentation, materials, and know-how, as well as the data (other than Client Data), information, and features contained therein and any updates or improvements thereto (collectively, the “AQ IP”) are owned, controlled, or licensed by AQ or its affiliates or licensors. The Services are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. The absence of a product name or logo from this list in no way constitutes a waiver of AQ’s intellectual property rights. No material contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Services without the express written agreement of AQ. Improper use of trademarks displayed on the Services is strictly prohibited. You understand that your use of the Services does not authorize you to use the Services in any manner other than specifically authorized by these Terms.

All rights that are not expressly granted to you under these Terms are reserved by AQ. Any other use of the Services including reproduction for purposes other than as noted herein, without the prior written permission of AQ, is strictly prohibited. Without limiting the generality of the foregoing, you do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror the Services or any of the AQ IP without the prior written permission of AQ. Only a duly authorized officer of AQ may grant permission or a license to use the Services or any component thereof. Any attempted grant or similar promise by anyone other than a duly authorized agent of AQ is invalid.

5.2 Marks

AQ’s registered and unregistered trademarks and trade dress, including the AQ names, logos, taglines, trade dress, and other trademarks of AQ (“Marks”), may not be copied, imitated, or used, whether in whole, partial, or modified form, without the prior written permission of AQ. You may not use any meta tags or any other hidden text utilizing our Marks without AQ’s prior written permission. Third-party trademarks and service marks used on the Services are the property of their respective owners, and we use them with their consent. AQ and the other licensors of the marks on the Services reserve all rights with respect to all AQ IP and all intellectual property.

5.3 Feedback

You may provide AQ with certain communications, suggestions, comments, improvements, ideas, or other feedback related to AQ, the Services, or our other Services (“Feedback”). You hereby grant to AQ all rights, titles, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services or our other Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.

6. Acceptable Use

By using the Services in any manner, you agree to comply with this Section 6 in its entirety. If you are a Client, you agree to this Section 6 on behalf of yourself and your Participants. You represent and warrant that:

• You will use the Services only for personal or internal business use for yourself or someone for whom you have permission;
• Any information you submit to us is truthful and accurate;
• You will maintain the accuracy of that information;
• You will never use someone else’s account and will never allow another person to use your account; and
• Your use of the Services does not violate any applicable law, rule, or regulation. Any information that you provide to us will also be subject to our Privacy Policy.

You will not use the Services for any purpose not expressly stated in these Terms, including in any way that might disparage AQ. Any other use without the prior written permission of AQ is strictly prohibited. Additionally, you understand and agree that you may not engage in any of the following Prohibited Acts:

• Use the Services for any unlawful or wrongful purpose or otherwise use the Services to provide services to third parties (e.g., as a service bureau) or otherwise commercialize the Services;
• Use the Services for any benchmarking activity or in connection with the development of any competitive product;
• Engage in any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other account on the Services without permission;
• Violate any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
• Rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Services or any portion of it (including the AQ IP) or use it in any manner not expressly authorized by these Terms;
• Copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Services;
• Tamper with, conduct fraudulent activities, or engage in illegal activities via the Services;
• Accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
• Probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures unless we expressly authorize that you do so in writing;
• Interfere with service to any user, host or network, such as by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
• Send unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
• use any device, software, or routine to interfere or try to interfere with the proper working of, or any activity being conducted on, the Services and you further agree not to use or try to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available on the Services and other than the generally available third-party web browsers; or
• Otherwise violate or try to violate the security features of the Services.

If you engage in a Prohibited Act or otherwise violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

7. Data Processing

This Section 7 applies only to Clients of AQ. To the extent that the Services require AQ to process Personal Information about Participants or otherwise included in Client Data, the parties agree to be bound by the terms of this Section 7. Client has read and agrees to the privacy practices described in AQ’s Privacy Policy (available at https://www.aqfounder.com/privacy-policy and incorporated by this reference).

7.1 Defined Terms

For the purposes of this Section 7, the following terms shall be defined to have the meanings given below:

• "Business", "Sell", “Share”, and "Service Provider" have the meanings given to them in applicable Data Protection Laws.
• “Controller” means the entity that determines the means and purposes of the Processing of Personal Information.
• “Data Protection Laws” means all applicable legislation relating to data protection and privacy that apply to AQ with respect to its Processing of Personal Information on behalf of Client under these Terms, including without limitation the consumer privacy laws of California, Connecticut, Colorado, Delaware, Iowa, Montana, Nevada, Oregon, Tennessee, Texas, Utah, Virginia, and other U.S. states with laws providing similar privacy protections; in each case as amended, superseded, or replaced from time to time.
• “Personal Information” means any information contained in the Client Data that relates to an identified or identifiable individual where such information is protected similarly as personal data, personal information, or personally identifiable information under applicable Data Protection Laws.
• “Processing” means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
• “Processor” means the Party which Processes Personal Information on behalf of the Controller, including as applicable any “Service Provider” as that term is defined in applicable Data Protection Laws.
• “Sub-Processor” means any entity that provides Processing services to AQ in furtherance of AQ’s Processing of Personal Information pursuant to these Terms.

7.2 Nature, Purpose, and Subject Matter

The nature, purpose, and subject matter of AQ’s Processing activities are described in these Terms. The Personal Information that may be Processed may relate to Client’s Participants, and the categories of Personal Information Processed by AQ hereunder may include identifiers, employment information, education information, legally protected information, sensitive Personal Information, and/or any other Personal Information that Client or a Participant makes available to AQ as Client Data. AQ will Process Personal Information for the duration of the term of these Terms and for any period following the termination or expiration of these Terms during which AQ retains such Personal Information within Client Data.

7.3 Parties’ Roles

The parties agree that AQ Processes the Personal Information as a Processor or Service Provider and Client is a Controller or Business of the Personal Information. The Parties each represent that they have read and understand the requirements set forth in applicable Data Protection Laws. Client hereby appoints AQ to process Personal Information on Client’s behalf as permitted by this section.

7.4 Processing of Personal Information

AQ shall Process Personal Information as permitted hereunder and only according to written, documented, lawful instructions issued by Client to AQ to perform a specific or general action regarding Personal Information for the purpose of providing the Services to Client pursuant to these Terms (Client’s “Instructions”). The parties agree that these Terms and other Instructions agreed to in writing shall together constitute Client’s complete and final Instructions to AQ in relation to the Processing of Personal Information under these Terms. AQ will inform Client without delay if, in AQ’s opinion, an Instruction violates applicable Data Protection Laws or if AQ is unable to follow an Instruction and, where necessary, cease all Processing until Client issues new Instructions with which AQ is able to comply.

7.5 Restrictions

The Parties agree that AQ will Process Personal Information as a Processor or Service Provider strictly for the business purposes set forth in these Terms. Additionally, Client permits AQ to Process Personal Information to (i) collect, use, retain, share, or disclose Personal Information that has been (a) aggregated or (b) de-identified in accordance with Data Protection Laws; (ii) comply with applicable laws or a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities; (iii) Process Client Data for AQ’s lawful internal business purposes or to exercise or defend legal claims; and (iv) cooperate with law enforcement agencies concerning conduct or activity that AQ or a third party reasonably and in good faith believes may violate applicable law. AQ will not: (a) Sell or Share Personal Information; (b) retain, use, or disclose Personal Information for a commercial purpose other than for such business purpose or as otherwise permitted by Data Protection Laws; or (c) retain, use, or disclose Personal Information outside of the direct business relationship between Client and AQ. AQ hereby certifies that it understands and will comply with the restrictions of this Section 7(e). The Parties agree that Client does not Sell or Share Personal Information (as those terms are defined in Data Protection Laws) to AQ because, as a Service Provider or Processor, AQ may only use Personal Information for the purposes of providing the AQ Services to Client.

7.6 Client Responsibilities

Client shall comply with all laws, rules, regulations, and orders applicable to the subject matter herein, including without limitation Data Protection Laws, and all requirements that apply to Client under Data Protection Laws with respect to its Processing of Personal Information and the Instructions it issues to AQ. As between the parties with respect to Personal Information, Client is responsible for: (i) the accuracy, quality, and legality of Personal Information and the means by which Client acquired such data; and (ii) complying with all necessary transparency and lawfulness requirements under applicable Data Protection Laws for the collection and use of Personal Information, including obtaining any necessary consents and authorizations.

7.7 Sub-Processors

Client agrees that AQ may engage Sub-Processors to Process Personal Information, provided that AQ imposes data protection terms on the Sub-Processors that provide at least the same level of protection for Personal Information as those in this Section 7, to the extent applicable to the nature of the Services provided by such Sub-Processors. AQ will remain responsible for each Sub-Processor’s compliance with the obligations of this Section 7 and for any acts or omissions of such Sub-Processor that cause AQ to breach any of its obligations under this Section 7. AQ shall provide a current list of Sub-Processors upon Client’s request. Client reserves the right to object to a Sub-Processor to the extent such right is permitted under Data Protection Laws.

7.8 Privacy Requests

Upon Client’s written request, AQ shall provide reasonable assistance to Client to respond to any requests from consumers to exercise their rights under applicable Data Protection Laws (“Privacy Requests”) or requests from data protection authorities relating to the Processing of Personal Information under these Terms. AQ will promptly inform Client if a Privacy Request or other communication regarding the Processing of Personal Information under these Terms is made directly to AQ. Client shall be solely responsible for facilitating any such Privacy Requests or communications involving Personal Information.

7.9 Demonstration of Compliance

AQ shall provide reasonably requested information regarding AQ’s Processing of Personal Information under these Terms as necessary to enable Client to carry out data protection impact assessments or prior consultations with data protection authorities as required by law. Additionally, upon Client's written request and with at least 30 days’ notice (or a shorter period if permitted by applicable law), AQ shall make available to Client (on a confidential basis) all information reasonably necessary and allow for and contribute to audits (collectively, “Audits”) to demonstrate AQ’s compliance with this Section 7. Client or its designated and professionally qualified agent may carry out such Audit. Client must conduct all Audits (i) during normal business hours; (ii) according to security and confidentiality terms and guidelines; and (iii) taking reasonable measures necessary to prevent unnecessary disruption to AQ’s operations. Client shall be responsible for all costs and expenses arising from Audits. Client will take all reasonable measures to limit any impact on AQ by combining several information or Audit requests in one single request.

8. Data Security

8.1 Security Measures

This Section 8 applies only to Clients of AQ. AQ will maintain appropriate technical and organizational security measures designed to protect against unauthorized or accidental access, loss, alteration, disclosure or destruction of Personal Information, as applicable. In assessing the appropriate level of security, AQ will take account of the risks that are presented by Processing, in particular from unauthorized access or accidental loss or destruction of Personal Information (“Data Breach”), as well as the state of the art, costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. Upon request, AQ shall provide Client with a summary of AQ’s security policies applicable to the Services.

8.2 Data Breach

AQ will notify Client within five (5) calendar days after AQ becomes aware of a known or suspected likely Data Breach involving Client Data and will provide timely information relating to such Data Breach as it becomes known or as reasonably requested by Client. At Client’s request, AQ will promptly provide Client with commercially reasonable assistance as necessary to enable Client to notify authorities and/or affected consumers as required by applicable law. Client is solely responsible for providing Data Breach notices as required by applicable law. AQ will reimburse Client for actual, reasonable expenses incurred to provide Data Breach notices where the Data Breach was the direct result of AQ’s violation of applicable Data Protection Law, breach of the terms of these Terms, or gross negligence. For clarity, AQ shall have no financial liabilities or obligation to reimburse Client relating to any Data Breach caused by Client or Client’s End Users.

8.3 No Data Backup or Restoration

AQ will not delete any Client Data unless expressly instructed to do so by Client. Client agrees that AQ may redact, deidentify, or aggregate the Client Data requested for deletion and indefinitely retain the data in such nonidentifiable format. However, Client understands that AQ does not provide data restoration services to Clients as part of its standard service offerings, nor is it subject to specific legal or regulatory requirements related to Personal Information backups. Backup restoration requests will be considered on a case-by-case basis. Additional fees or other requirements may be imposed for restoration services.

9. Third-Party Services

Links between the Services and third-party websites, platforms, and other services (“Third-Party Services”) are provided solely for your convenience. AQ is not responsible for the content of any Third-Party Services, nor do we make any representations about the content or accuracy of material on any Third-Party Services. The inclusion of any Third-Party Services on the Services does not imply AQ’s approval or endorsement of such Third-Party Services. If you navigate to a Third-Party Service, you do so at your own risk and you will be subject to the Third-Party Service’s privacy policies and practices and not AQ’s. Any concerns regarding any such Third-Party Service, or any link thereto, should be directed to the Third-Party Service’s owner or operator.

10. Dispute Resolution

You agree that any dispute between you and AQ arising out of or relating to your use or receipt of the Services pursuant to these Terms of Service (“Disputes”) will be governed by the procedure set forth in this section. If you are a Client, you agree to this Section 10 on your own behalf and on behalf of your Participants. Notwithstanding the foregoing, the provisions of this Section 10 shall not apply if and to the extent prohibited by the laws governing your jurisdiction.

10.1 Informal Dispute Resolution

We want to address your concerns without the necessity of a formal legal case. Before filing a claim against AQ, you agree to try to resolve the Dispute informally by contacting support@aqfounder.com. We will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or we may bring a formal proceeding.

10.2 Arbitration Agreement

Please read this section carefully. This section affects rights that you may otherwise have. It provides for the resolution of most disputes through arbitration instead of court trials and class actions. YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. Any controversy or claim between you and AQ arising out of or relating to: (i) these Terms or the breach thereof, (ii) your access to or use of the Services, or (iii) any alleged violation of any federal or state or local law, statute or ordinance by you (each such controversy or claim, a “Claim”) shall be resolved exclusively by binding arbitration administered by the Arbitration Service of Portland (“ASP”), or its successor. Either party may commence the arbitration process called for in these Terms by filing a written demand for arbitration with ASP, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of ASP’s procedural rules in effect at the time of filing the demand for arbitration and will be held exclusively in Bend, Oregon, USA. The parties will cooperate with ASP and with one another in selecting an arbitrator from ASP’s panel of neutrals, and in scheduling the arbitration proceedings. The parties agree to participate in the arbitration in good faith and that they will share equally in its costs. The prevailing party shall be entitled to an award of reasonable attorneys' fees. The arbitrator shall issue a reasoned award in writing, including all findings of fact and law upon which the award was made. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party hereby consents to service of process by certified mail.

10.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, You hereby waive any right to commence or participate in any class action lawsuit against AQ related to any claim, dispute, or controversy, and, where applicable, you hereby agree to opt out of any class proceeding against AQ otherwise commenced ON OR AFTER THE EFFECTIVE DATE OF THESE TERMS.

10.4 Injunctive Relief

If you are a Client, you acknowledge that the Professional Services and rights being granted under these Terms are of a special, unique, unusual, extraordinary, and intellectual character which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated in damages, and a breach by you or your Participant(s) of the provisions of these Terms may cause AQ irreparable injury and damage. As a Client, you agree that AQ will be entitled, in addition to any other remedy it may have under these Terms or at law, to seek and obtain injunctive and other equitable relief, including specific performance of the terms of these Terms without the necessity of posting bond. Resort to such injunctive and other equitable relief, however, shall not be construed to be a waiver of any other rights or remedies which AQ may have for money damages or otherwise.

11. DMCA/Copyright Takedown Notices

If you are a copyright owner or an authorized agent thereof and you wish to file a notice of infringement with AQ, you may do so in writing to Lucidly, Inc., dba Antifragile Quotient, 1900 NE 3rd Street, Suite 106 #3024, Bend, Oregon 97701, USA. Your notification must include at least the following information: (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, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works; (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 AQ to locate the material; (iv) information reasonably sufficient to permit AQ to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) a statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You are advised to contact an attorney before sending us a notice. Please note that depending on the laws of the applicable jurisdiction, a person may be subject to liability if they knowingly materially misrepresent that material or activity is infringing.

12. Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS, YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND AQ EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS. WITHOUT LIMITING THE FOREGOING, AQ PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER PORTAL, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. No oral or written information, representation, or advice given by AQ shall create a warranty without a written agreement signed by AQ expressly creating such warranty. This section shall apply TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless AQ and its directors, officers, employees, and agents (collectively, the “AQ Indemnitees”) from and against any and all damages, liabilities, losses, costs, and expenses of any kind or nature whatsoever, including, without limitation, reasonable attorney’s fees (collectively, “Losses”), incurred by any AQ Indemnitee in connection with any claim, demand, action or proceeding brought by a third party (each, a “Claim”) arising from (a) your receipt of the Services, a Deliverable, or any use thereof by you, a Participant, or a third party; (b) the negligence, willful misconduct or fraud by you; or (c) a breach of any of your obligations, covenants, representations, or warranties under these Terms or any agreement incorporated herein by reference. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST AQ RELATED TO YOUR USER CONTENT OR CLIENT DATA THEN, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WILL INDEMNIFY, DEFEND, AND HOLD AQ HARMLESS FROM AND AGAINST ALL LOSSES ARISING OUT OF SUCH CLAIM.

14. Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, IN NO EVENT WILL AQ OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, EXTRAORDINARY, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES UNDER ANY THEORY OF LIABILITY, HOWEVER ARISING, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, LOSS OF USE, REVENUE, OR OTHER ECONOMIC DISADVANTAGE, OR LOSS OR COMPROMISE OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES OF ANY KIND EVEN IF AQ KNEW OR SHOULD HAVE KNOWN THAT THERE WAS A POSSIBILITY OF SUCH LOSSES OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING IN ANY WAY, IN NO EVENT SHALL AQ’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE AMOUNT OF FEES PAID BY YOU TO AQ UNDER THESE TERMS IN THE THREE (3) MONTHS PRIOR TO THE DATE THE CLAIM ARISES. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST AQ MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. General Terms

15.1 Geographic Restrictions

AQ is owned and operated in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

15.2 Legal Compliance

You agree at all times to comply with all applicable local, state, federal, and foreign laws in using the Services. You are responsible for determining whether the Services comply with and are lawful under the legal and regulatory requirements of your jurisdiction. AQ is not responsible for any violation of law in relation to your use of the Services.

15.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States of America and the State of Oregon, without giving effect to its conflicts of law principles. You agree that any dispute arising from or relating in any way to the Services will be brought exclusively in the Federal or State courts located in the State of Oregon, and you agree to submit to the jurisdiction of such courts. If any provision of these terms and conditions shall be unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

15.4 Export Controls

You agree to comply with all United States export laws, rules, and regulations, including but not limited to Export Administration Regulations and all applicable import laws and regulations, and you agree not to export the Services or any component thereof without first obtaining all required authorizations or licenses.

15.5 Entire Agreement

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between AQ and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between AQ and you regarding the Services and AQ IP.

15.6 Relationship of Parties

These Terms do not create any partnership, joint venture, or similar business relationship between the parties. The parties’ relationship as established by these Terms is solely that of independent contractors.

15.7 Assignment

You may not assign, delegate, or transfer these Terms, your rights or obligations hereunder, or login credentials or accounts, in any way (by operation of law or otherwise) without prior written consent from AQ. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.

15.8 Waiver; Severability

AQ’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AQ. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

15.9 Enforcement

AQ has the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action AQ may deem appropriate. AQ reserves the right (but is not required) to remove or disable your access to the Services at any time and without notice, and at our sole discretion if we determine that your use thereof is objectionable or in violation of these Terms.

15.10 Wireless Number

If you provide your wireless number to us, you expressly consent to and authorize AQ to use your wireless number to send you text messages about AQ and the services about which you inquire. The number of texts you receive will depend on how you choose to use the Services. You can unsubscribe from text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.

15.11 Consent to Electronic Communications

By typing your name into any of our electronic forms and indicating your acceptance or submission of information, submitting information or content to AQ, or otherwise using the Services, you affirmatively consent to (i) AQ communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from AQ electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a computer or other web-enabled device, a connection to the internet, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Services and keep them for your own reference. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at support@aqfounder.com. Agreements and transactions executed prior to this request will remain valid and enforceable.

15.12 Notices

Any notice to be provided to AQ hereunder shall be delivered via email to support@aqfounder.com. Any notice to be provided to you shall be delivered via email to the email address on file with AQ at the time of such notice. Any such notice shall be considered received when sent to recipient’s email address.

15.13 Amendments

AQ reserves the right to amend these Terms at any time by updating this posting. Pricing and products may change without notice. All changes are effective immediately when posted. Your continued use of the Services following the posting of updated Terms constitutes your acceptance of such amendments. You are advised to periodically visit this page to determine the then-current Terms. If you do not agree with the updated Terms, your choice is to discontinue using the Services and delete all AQ IP from your device(s).

16. TERMINATION

These Terms will commence on the date you first access the Services and shall continue while you use the Services in any manner. You may terminate these Terms at any time by discontinuing all use of the Services and deleting all AQ IP in your possession. AQ may terminate these Terms at any time with or without notice at our sole discretion. Upon termination of these Terms (i) the rights and licenses granted to you herein shall terminate as to the terminated rights; (ii) you shall cease all use of the Services that have been terminated; and (iii) AQ may at its own discretion remove and/or purge data, User Content, account information, and any other information obtained by us in connection with providing the Services. We reserve the right to disable any username, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Termination will not limit any of AQ’s rights or remedies at law or in equity. All provisions in these Terms which by their nature should continue following termination shall survive termination of the Terms. For the avoidance of doubt, termination of a SOW will not automatically terminate these Terms, but termination of these Terms will automatically terminate all SOWs hereunder.