Terms of Service
Effective October 10, 2026
SuperQ Terms of Service
Effective date: October 10, 2026
Previous version: September 1, 2026. This version adds how Super Coach uses your SuperQ profile and remembers your conversations (Sections 3.1 and 5.8), that you confirm your age when you create an account (Section 2.1), that Super Coach's replies can be wrong and that nobody at SuperQ is alerted in a crisis (Sections 3.2 and 3.4), and how we use feedback you send us (Section 4.7)
In short. SuperQ is a tool for understanding how you and your team work together. It is not a clinical instrument, not therapy, and not a hiring tool. Your answers and your readings belong to you and are private until you choose to share them. We ask you to use SuperQ honestly, to keep our assessment confidential, and never to use it to make employment decisions about anyone. If we ever have a dispute, we try to resolve it directly first. The full terms are below; the summary at the top of each section is there to help you read, and the section text governs.
1. Who we are and what these Terms cover
In short: these Terms are a contract between you and SuperQ Inc. They cover the SuperQ website, app, and everything we offer through them.
1.1 These Terms of Service (the "Terms") are a binding agreement between you and SuperQ Inc., a Delaware corporation ("SuperQ", "we", "us", "our"). They govern your access to and use of the SuperQ website at superq.app, the SuperQ application at app.superq.app, our assessments, readings, guides, team and comparison views, Super Coach, weekly loop, exports, application programming interfaces, browser extensions, and any other product, feature, or service we make available (together, the "Service").
1.2 Our Privacy Policy explains what personal information we collect and how we handle it. It is incorporated into these Terms by reference. Where these Terms and the Privacy Policy address the same subject, the Privacy Policy governs our handling of personal information.
1.3 If you use the Service on behalf of an organization under a Team, Organization, or Enterprise plan, additional terms may apply (see Section 6 and any Order Form or Data Processing Addendum you or your organization sign). If those documents conflict with these Terms, they control for that organization's use.
1.4 By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
2. Eligibility and accounts
In short: you must be at least 18, use your own personal email, and keep your account secure. One person, one account.
2.1 Age. The Service is designed for working adults. You must be at least 18 years old (or the age of majority where you live, if higher) to use it. We do not knowingly permit anyone under 18 to create an account, and we will close accounts we learn belong to minors. When you create an account, you confirm that you are at least 18.
2.2 Your account. You must provide a valid personal email address that you control and accurate account information, and keep it current. Your account is yours as an individual, even if an organization invites or pays for you. You may maintain only one account. You may not transfer your account to anyone else.
2.3 Security. You are responsible for keeping your login credentials confidential and for all activity under your account. Tell us promptly at [email protected] if you believe your account has been accessed without authorization.
2.4 Authority. If you accept these Terms on behalf of an organization, you represent that you have authority to bind it, and "you" includes that organization.
2.5 Sanctions and export. You may not use the Service if you are located in, or are a resident or national of, a country or territory subject to comprehensive United States sanctions, or if you are on any United States government restricted-party list.
3. The Service, and what it is not
In short: SuperQ describes patterns in how you work. It does not diagnose, treat, or decide anything about you. You decide what is true.
3.1 What the Service does. SuperQ asks you questions about how you tend to work, generates readings, guides, comparisons, coaching preparation, and other outputs from your answers (together, "Readings"), and lets you decide what to share and with whom. Readings describe tendencies and patterns; they are offered as starting points for reflection and conversation, not as facts about you. You can calibrate any Reading in your own words, and your calibration shapes what the Service says from then on. Super Coach, including its coach Thea, is an AI coach: it uses your Readings, your SuperQ profile, and what you have told it in earlier conversations to coach you, as described in Section 5.8.
3.2 Not a clinical or medical service. The Service is not a psychological, psychiatric, medical, or mental-health assessment, diagnosis, or treatment, and it is not a substitute for care from a licensed professional. The assessment is not a medical or psychological examination and is not designed to identify any mental or physical impairment or condition. Nothing in the Service constitutes medical, psychological, therapeutic, legal, financial, or other professional advice. Super Coach is a coaching and preparation tool, not therapy. If you are in crisis or thinking about harming yourself, stop using the Service and contact a crisis line (in the United States, call or text 988) or your local emergency number. If something you say suggests you may be in danger, Super Coach shows you crisis resources, but nobody at SuperQ is alerted and we do not contact anyone on your behalf.
3.3 Not an employment-decision tool. The Service is a development and collaboration tool. It is not designed, validated, or offered for use in decisions about hiring, promotion, compensation, discipline, termination, or any other decision that has a legal or similarly significant effect on a person. See Section 8 for the rules that follow from this.
3.4 Generated by automated systems. Readings, and Super Coach's replies, are produced by automated systems, including artificial intelligence, from the information you and (where you invite them) your colleagues provide. Automated systems make mistakes. Super Coach can misunderstand you, state things that are not true, or give suggestions that do not suit your situation; use your own judgment before acting on anything it says. Readings may be incomplete, inaccurate, or inconsistent, and different Readings may describe you differently over time. You are responsible for evaluating any Reading before relying on it, and you remain the authority on who you are.
3.5 Beta features. We may label some or all of the Service as "beta", "preview", "early access", or similar. Beta features are provided for evaluation, may be changed or withdrawn at any time without notice, and may contain errors. During any period in which the Service as a whole is offered as an open beta, the Service is provided free of charge and these Terms apply in full. Free beta access does not reduce our obligations under applicable privacy and consumer-protection law.
3.6 Changes to the Service. We are building. We may add, change, or remove features, and we may suspend or discontinue the Service or any part of it. Where a change materially reduces the core functionality you pay for, we will give you reasonable notice and, if you are on a paid plan, a pro-rated refund for any prepaid period you cannot use.
4. Your content
In short: your answers, notes, and imported reports are yours. You give us permission to use them only to run the Service for you.
4.1 Definition. "Your Content" means information you submit to the Service: your assessment answers, calibrations, guide notes, situations you type into Super Coach, commitments, weekly check-ins, profile details, photos, results and reports you bring from assessments taken elsewhere, and responses you give as a rater about a colleague.
4.2 Ownership. You retain all rights you have in Your Content. We do not claim ownership of it.
4.3 License to us. So that we can operate the Service, you grant SuperQ a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, adapt, and display Your Content solely to provide, secure, support, and improve the Service for you, and as otherwise permitted by the Privacy Policy. This license ends when Your Content is deleted from the Service, except for (a) copies in encrypted backups until they age out on our published schedule, (b) the record that a deletion occurred, and (c) statistics that have been irreversibly aggregated so they cannot be linked to you or your organization.
4.4 No training on Your Content. We do not use Your Content, your Readings, or your colleagues' ratings of you to train or fine-tune machine-learning models, and we contractually require our service providers not to do so. See the Privacy Policy for the limited, de-identified statistics we retain.
4.5 Your responsibilities. You represent that you have the right to submit Your Content, that it does not violate anyone else's rights or any law, and that any assessment report you import was lawfully obtained by you for your own use. Do not submit information about another person unless you are authorized to do so (for example, as an invited rater answering about a colleague's work behavior). Super Coach is for work situations: please do not enter health information about yourself or anyone else, or personal information about other people beyond what the situation needs.
4.6 Honest answers. The Service works only if you answer for yourself. Do not answer as someone else, allow someone else to answer for you, or complete a 360 questionnaire about a person you have not actually worked with.
4.7 Feedback. If you send us feedback, ideas, or suggestions about the Service, including through the feedback option in the Service, we may use them to improve SuperQ without any obligation to you. Feedback you send is handled under the Privacy Policy; we use it to understand and fix what you tell us about, and we do not publish it in a way that identifies you without your permission.
5. Sharing, visibility, and consent
In short: nothing about you is visible to anyone until you share it. Sharing is per person, per artifact, and you can withdraw it. A comparison needs both people to agree.
5.1 Private by default. Your Readings are visible only to you until you choose to share them. Your manager, your team, the person who invited you, and your organization's administrators cannot see your Readings unless you share them. Organization administrators see only whether people have completed steps and how many have chosen to share, never the content.
5.2 Sharing. You may share specific artifacts (for example, your Guide) with specific people or groups. Each share is a choice you make in the Service. A comparison or pairwise view between two people appears only when both people have granted access to it. Team views are built only from the people who chose to share.
5.3 Withdrawal. You can withdraw any share at any time. Withdrawal stops future access immediately and removes you from future team aggregates. It does not recall what someone has already seen, exported, or received by email, and it does not rewrite artifacts that were already delivered.
5.4 No adverse marks. Declining to share, declining a comparison request, or withdrawing a share leaves no flag, notification to a manager, or other adverse indicator in the Service, and is indistinguishable in the Service from not having completed a step.
5.5 Public links. If you publish a public link to your Guide, anyone with the link can view it, and third parties may copy or index it. You control whether a public link exists and can disable it at any time.
5.6 360 feedback. If you invite colleagues to give you feedback, their responses are collected in confidence and shown to you only in aggregate, and only once a minimum number of colleagues have responded. Confidence means SuperQ knows who responded, so that it can enforce the minimum and honor a rater's request to withdraw, and never shows you or anyone else who said what. You agree not to attempt to work out individual responses, including by comparing aggregates over time or across groups. If you respond to a colleague's request, your individual answers are never shown to the colleague or to anyone else in identifiable form, and you agree to answer only about the colleague's work behavior, honestly and in good faith.
5.7 Your obligations when others share with you. When a colleague shares a Reading with you, you receive it for your own use in working with that person. You agree not to copy, forward, publish, or discuss it beyond what the person would reasonably expect, and never to use it to the person's detriment.
5.8 Super Coach knows you. Super Coach is built to coach you as someone who knows you. When you use it, it uses your SuperQ profile and Readings, results you choose to add, and what you have told it in earlier conversations, and it remembers your conversations so it can pick up where you left off. Using Super Coach includes this; you do not need to turn it on. You stay in control: you can see everything it remembers, delete any part of it or all of it, switch off categories of personal matters, or switch its memory off entirely, at any time, under "What Thea remembers". What Super Coach remembers is visible only to you, is never shared with your organization or anyone else, and is covered by the Privacy Policy.
6. Organizations, teams, and administrators
In short: an organization can sponsor your account and see team-level views built from what people chose to share. It cannot see your private Readings, and your profile stays yours if you leave.
6.1 Sponsored membership. An organization may invite you, pay for your use, and administer a team or organization workspace. Your membership in that workspace is a link between your personal account and the organization. It does not make the organization the owner of your account, your Readings, or Your Content.
6.2 What organizations receive. An organization receives: (a) administrative information about its workspace, including completion status and share rates; (b) team aggregates and comparisons computed only from members who chose to share, and only when the minimum-participation floors described in the Privacy Policy are met; and (c) artifacts individual members have chosen to share with the organization or with people in it.
6.3 When you leave. If your membership ends, the organization's access to artifacts you shared with it is removed, your account and Readings remain yours, and the organization retains only statistics that have been irreversibly aggregated. If you were on a sponsored plan, you may continue on an individual plan.
6.4 Organization responsibilities. An organization that uses the Service agrees that it will: (a) invite only people who are at least 18 and who have a genuine working relationship with the workspace; (b) make participation voluntary, and not condition employment, advancement, compensation, or any other benefit on participating, sharing, or the content of any Reading; (c) not retaliate against anyone for declining to participate or share, or for withdrawing a share; (d) provide its members any notices, and obtain any consents, that applicable law requires of an employer, including any notice of the use of artificial intelligence in the workplace; (e) ensure that any decision affecting a member is made by a person exercising independent judgment, and is never based solely or determinatively on the Service or any Reading; (f) not use the Service, or anything derived from it, for any purpose prohibited by Section 8; and (g) be responsible for the acts and omissions of its administrators and members in the workspace.
6.5 Administrators. An organization's administrators may manage members, billing, and workspace settings. Administrators have no ability to view members' private Readings, and the Service does not provide one.
6.6 No HR-system integrations. The Service has no capability to write to, or export in a format designed for, any hiring, applicant-tracking, performance-review, compensation, or human-resources information system, and we do not build such capabilities on request.
7. Intellectual property and confidentiality
In short: the Service, including the assessment itself, is ours and confidential. You get a license to use your own Readings. Please do not copy our questions or try to reverse-engineer how we score them.
7.1 Our property. The Service, and everything in it other than Your Content, is owned by SuperQ or its licensors and is protected by copyright, trade secret, trademark, patent, and other laws. This includes the assessment items and response options, the structure and sequence of the assessment, the dimensions, scales, signatures, and other constructs we use to describe people, the scoring and interpretation methods, the Reading templates and language, the software, the design, and the SuperQ name and marks (together, "SuperQ Property"). These Terms grant you a limited right to use the Service; they do not sell or transfer any SuperQ Property to you.
7.2 Confidential instrument. The assessment items, response options, scoring methods, and interpretation logic are confidential and constitute trade secrets of SuperQ and its licensors. They are disclosed to you only for the purpose of taking or responding to the assessment. You agree not to copy, record, screenshot, transcribe, publish, distribute, or otherwise disclose assessment items or response options, and not to attempt to derive, reconstruct, or reverse-engineer scoring or interpretation methods, whether by analysis of Readings, by systematic testing, or otherwise.
7.3 Your Readings. As between you and SuperQ, your Readings about you are yours, regardless of who paid for your access, and we grant you a perpetual, non-exclusive, non-transferable license to use, reproduce, and share them for your personal and internal professional purposes, and to use Readings that others have shared with you as described in Section 5.7. SuperQ retains all rights in the SuperQ Property embodied in any Reading (including its structure, scales, signatures, and template language), so the license in this Section does not extend to SuperQ Property separated from your Reading. You may not sell Readings, use them to build or train a competing product, or present them as an assessment of anyone's fitness for a role.
7.4 Restrictions. Except as expressly permitted in these Terms or by law, you may not: (a) copy, modify, translate, or create derivative works of the Service or SuperQ Property; (b) reverse-engineer, decompile, or otherwise attempt to obtain source code, models, prompts, item banks, scoring keys, or underlying methods; (c) scrape, crawl, or harvest content or data from the Service, or access the Service by automated means other than through an interface we designate; (d) use the Service, Readings, or any output to develop, train, evaluate, or improve any machine-learning model, assessment, or product that competes with the Service; (e) publish or disclose benchmarks, comparative tests, or performance analyses of the Service without our prior written consent; (f) resell, sublicense, rent, or provide the Service to third parties as a service bureau; (g) remove or alter any proprietary notice; or (h) use our marks without our prior written permission.
7.5 Feedback. If you give us ideas, suggestions, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation to you. We will not identify you as the source without your permission.
7.6 Third-party marks and instruments. If you import results from an assessment offered by someone else, that assessment's names and marks belong to their owners. We store what you import privately and do not use it to generate your Readings. We make no claim to any third-party instrument.
8. Acceptable use
In short: use SuperQ for its purpose, respect other people, and never use it to make or justify employment decisions or to monitor people.
8.1 You agree not to use the Service, or any Reading or output, to:
(a) make, support, document, or justify any decision about hiring, screening, selection, promotion, demotion, compensation, task allocation, performance evaluation, discipline, termination, or eligibility for any benefit, or any other decision with a legal or similarly significant effect on a person, or replace or substantially replace human judgment in any such decision;
(b) evaluate a job candidate, or require or induce a candidate to take the assessment;
(c) monitor, surveil, profile, or make inferences about any person who has not personally taken the assessment and chosen to share;
(d) require any person to take the assessment or share Readings as a condition of employment, engagement, investment, or any other relationship;
(e) discriminate against any person on the basis of a characteristic protected by law, or use the Service in any way that violates employment, anti-discrimination, disability, privacy, or consumer-protection law;
(f) diagnose, treat, or claim to diagnose or treat any medical or psychological condition;
(g) harass, intimidate, demean, or embarrass any person, including by publishing or misusing Readings shared with you;
(h) impersonate any person, misrepresent your affiliation, or answer as anyone but yourself;
(i) upload malicious code, probe or test the vulnerability of the Service without our written authorization, interfere with the Service or others' use of it, or circumvent access controls, rate limits, or participation floors;
(j) access another person's account or data, or attempt to re-identify any person from aggregated or anonymized information;
(k) violate any applicable law or regulation, or infringe anyone's rights.
8.2 Reporting. If you become aware of a use of the Service that violates this Section, please tell us at [email protected].
8.3 Enforcement. We may investigate suspected violations and may remove content, suspend or terminate accounts or workspaces, refuse service, and report conduct to authorities. We are not obligated to monitor the Service, and we are not responsible for content or conduct of other users.
9. Plans, fees, and billing
In short: the beta is free. When paid plans launch, they renew automatically until you cancel, and you can cancel any time from your account.
9.1 Free beta. While the Service is offered as an open beta, there is no charge. We will give you at least 30 days' notice before any feature you are using becomes paid.
9.2 Paid plans. We may offer individual, team, and organization plans at the prices and terms shown on our pricing page or in an Order Form. Prices exclude taxes; you are responsible for applicable sales, use, value-added, and similar taxes other than taxes on our income.
9.3 Automatic renewal. Paid subscriptions renew automatically at the end of each billing period at the then-current price for your plan, until cancelled. By purchasing a subscription, you authorize us and our payment processor to charge your payment method on each renewal date. We will give you notice of any price increase at least 30 days before it takes effect, and it will apply only from your next renewal. If you are on an annual plan, we will remind you by email before each renewal. We keep a record of your consent to these renewal terms.
9.4 Cancellation. You may cancel a subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; you keep access until then. Where the law of your state or country requires that you be able to cancel by the same method you used to subscribe, we will provide that method.
9.5 Refunds. Except where required by law or expressly stated in these Terms, fees are non-refundable and there are no refunds or credits for partial periods, downgrades, or unused seats.
9.6 Failed payments. If a payment fails, we may retry it and may suspend paid features until payment is received. We will notify you before suspending access.
9.7 Sponsored seats. When an organization pays for your seat, the organization's plan and Order Form govern billing. If the organization stops paying, you keep your account and Readings and may continue on an individual plan.
9.8 Trials and promotions. Trial and promotional offers are subject to any additional terms we state when we offer them.
10. Third-party services
The Service relies on third-party service providers (for example, hosting, email delivery, payment processing, and AI model providers) that process information as described in the Privacy Policy. The Service may also link to third-party websites or allow you to connect third-party accounts. We are not responsible for third-party services, and your use of them is governed by their terms.
11. Term, suspension, and termination
In short: you can leave any time by deleting your account. We can suspend or end accounts that break these Terms.
11.1 By you. You may stop using the Service at any time and may delete your account from your account settings. Deletion follows the process in the Privacy Policy, including a 30-day window in which you can cancel the deletion.
11.2 By us. We may suspend or terminate your access to all or part of the Service, with notice where practicable, if: (a) you materially breach these Terms; (b) we are required to by law; (c) your use creates risk or legal exposure for us, other users, or third parties; or (d) you have not used your account for an extended period, in which case we will give you at least 30 days' notice by email before closing it.
11.3 Effect. On termination, your right to use the Service ends. Unless we have terminated for your breach or are prohibited by law, we will give you a reasonable opportunity to export Your Content and Readings. Sections that by their nature should survive termination (including Sections 4.3 to 4.5, 5.7, 7, 8, 12, 13, 14, 15, and 16) survive.
12. Disclaimers
In short: we provide the Service as it is. We do not promise that Readings are accurate or that the Service will always work.
12.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL READINGS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT.
12.2 WITHOUT LIMITING THE FOREGOING, SUPERQ DOES NOT WARRANT THAT: (A) ANY READING IS ACCURATE, COMPLETE, RELIABLE, VALID, OR SUITABLE FOR ANY PURPOSE; (B) THE ASSESSMENT MEASURES ANY PSYCHOLOGICAL CONSTRUCT, OR HAS BEEN VALIDATED FOR ANY USE, INCLUDING ANY EMPLOYMENT USE; (C) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (D) ANY DEFECT WILL BE CORRECTED.
12.3 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. In that case, our warranties are limited to the minimum scope and duration the law requires.
13. Limitation of liability
In short: our liability to you is capped, and we are not liable for indirect losses. Some places do not allow these limits, and we honor those laws.
13.1 TO THE FULLEST EXTENT PERMITTED BY LAW, SUPERQ AND ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SUPERQ AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SUPERQ FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).
13.3 The limitations in this Section do not apply to: (a) liability that cannot be limited by law, including for fraud, fraudulent misrepresentation, willful misconduct, gross negligence, or death or personal injury caused by negligence; (b) either party's obligations under Section 14; or (c) a party's breach of Section 7.2 or misappropriation of the other party's intellectual property.
13.4 The limitations in this Section apply to the fullest extent permitted by law, are an essential basis of the bargain, and apply even if a remedy fails of its essential purpose.
14. Indemnification
You agree to defend, indemnify, and hold harmless SuperQ and its affiliates, licensors, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content; (b) your use of the Service in violation of these Terms, including any use prohibited by Section 8; (c) if you are an organization, any employment, discrimination, privacy, or other claim by a member, employee, contractor, or candidate arising from the organization's use of the Service or of any Reading; or (d) your violation of any law or the rights of any third party. We may control the defense of any matter subject to indemnification, and you agree to cooperate.
15. Dispute resolution and arbitration
In short: contact us first and we will try to sort it out. If we cannot, disputes are resolved by individual binding arbitration, not in court and not as a class action. You can opt out of arbitration within 30 days of accepting these Terms. Small-claims court is always available.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
15.1 Informal resolution first. Before starting any formal proceeding, you agree to contact us at [email protected] with a written description of the dispute, your contact details, and the relief you seek, and we agree to do the same with you. Both parties will negotiate in good faith for at least 60 days from receipt of the notice. Any limitation period is tolled during this period.
15.2 Binding arbitration. If a dispute is not resolved informally, you and SuperQ agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding individual arbitration administered by [ARBITRATION PROVIDER: JAMS or the American Arbitration Association] under its rules applicable to consumer disputes then in effect, as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator, not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Section, except that a court may decide the Class Action Waiver in Section 15.5.
15.3 Procedure. The arbitration will be conducted in the English language. Hearings, if any, will take place by video conference or, if in person, in the county where you live or another mutually agreed location. The arbitrator may award the same individual relief a court could, and must follow these Terms and applicable law. We will pay arbitration filing and arbitrator fees for claims by individuals seeking less than US$10,000, unless the arbitrator finds the claim frivolous. Judgment on the award may be entered in any court of competent jurisdiction.
15.4 Exceptions. Either party may bring an individual claim in small-claims court if it qualifies. Either party may seek injunctive or other equitable relief in court to protect its intellectual property rights or to enforce Section 7.2. Nothing in this Section prevents you from bringing issues to the attention of federal, state, or local agencies.
15.5 Class action and jury waiver. YOU AND SUPERQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. TO THE EXTENT PERMITTED BY LAW, YOU AND SUPERQ WAIVE ANY RIGHT TO A JURY TRIAL. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court under Section 15.8, and the remainder of this Section will still apply.
15.6 Coordinated filings. If 25 or more similar arbitration demands are filed against SuperQ by the same or coordinated counsel within 90 days, the parties agree that the demands will be administered under the provider's mass-arbitration procedures and resolved in staged batches of no more than [25], with a single arbitrator per batch, and that any applicable limitation period is tolled while a demand awaits its batch. No outcome in one batch binds a claimant who was not a party to it, and each claimant keeps every right the provider's rules give an individual claimant, including discovery and a written award.
15.7 30-day opt-out. You may opt out of Sections 15.2 through 15.6 by emailing [email protected] within 30 days after first accepting these Terms, stating your name, the email address on your account, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
15.8 Court proceedings. For any Dispute not subject to arbitration, you and SuperQ agree to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and waive any objection to venue there, except that either party may enforce a judgment or seek equitable relief in any court of competent jurisdiction. Nothing in this Section deprives you of protections of the consumer-protection laws of the place where you live that cannot be waived.
15.9 Changes to this Section. If we change this Section after you accept these Terms, you may reject the change by emailing [email protected] within 30 days of the change, in which case the prior version of this Section applies to Disputes that arose before the change.
16. Governing law
These Terms and any Dispute are governed by the laws of the State of Delaware and applicable United States federal law, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 15. If you live outside the United States, you may also have rights under the mandatory consumer-protection laws of your country that these Terms do not affect.
17. Changes to these Terms
In short: if we change these Terms in a way that matters, we will tell you at least 30 days in advance. Keep using SuperQ after that and the new Terms apply.
17.1 We may update these Terms from time to time. If a change is material, we will notify you at least 30 days before it takes effect by email to the address on your account and by notice in the Service. Non-material changes (such as clarifications or corrections) may take effect when posted.
17.2 The "Effective date" at the top shows when the current version took effect, and prior versions are available at superq.app/terms/history/. Your continued use of the Service after a change takes effect means you accept the updated Terms. If you do not accept, stop using the Service and delete your account before the effective date.
18. General terms
18.1 Entire agreement. These Terms, the Privacy Policy, and any Order Form or Data Processing Addendum are the entire agreement between you and SuperQ about the Service, and supersede any prior agreements on that subject.
18.2 Assignment. You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, and will notify you of any such assignment.
18.3 Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
18.4 No waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.
18.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
18.6 Notices. We may give you notice by email to the address on your account or by notice in the Service. You may give us notice at [email protected] or by mail to SuperQ Inc., [MAILING ADDRESS]. Notices are effective when sent (email) or received (mail).
18.7 Government users. The Service is commercial computer software and documentation. If you are a United States government end user, your rights are limited to those granted to all other users under these Terms.
18.8 Export. You agree to comply with United States export-control and sanctions laws in connection with the Service.
18.9 No third-party beneficiaries. Except as expressly stated, these Terms create no rights in any third party.
18.10 Interpretation. Headings and the "In short" summaries are for convenience only. "Including" means "including without limitation".
18.11 Language. These Terms are written in English. Any translation is for convenience, and the English version controls.
19. Contact
SuperQ Inc.
509 Boccacio Ave
Venice CA 90291
General: [email protected]