Terms of Service
Effective Date: February 8, 2026 · Last Updated: August 18, 2026
Welcome to Quantrolix. These Terms of Service ("Terms") govern your access to and use of all Quantrolix applications, websites, APIs, and services (collectively, the "Services") operated by Quantrolix ("we," "us," or "our"), a software business operated by Dustin Newcomb.
By creating an account, downloading any Quantrolix application, accessing our APIs, or otherwise using any of our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
These Terms apply to all 23 applications in the Quantrolix ecosystem: EmberPOS, Grocery Optimizer, Tea Effects, YieldVault, PhantomCast, Bourbon Hunter, MenuMentor, Kasa Controller, CouplesCare, MotionForge, Nexus 3D Maps, Qode IDE, Architect 3D, Quantrolix Launcher, Quantrolix SaaS, Comm Hub, Clausely, ML Service, Quantrolix Market Pulse, VacancyFox, Terpa, BuildHound, and the Quantrolix Landing website.
Please also review our Privacy Policy, which describes how we collect and use your personal information.
1. Definitions
- "Account" means your registered Quantrolix user account, managed through our centralized Auth Gateway, which provides access to one or more Services.
- "Content" means any text, data, files, graphics, images, code, 3D models, audio, video, or other materials.
- "Services" means all Quantrolix applications, websites, APIs, and related services, whether accessed via desktop, mobile, web, or API.
- "Subscription" means a recurring paid plan that grants access to premium features within one or more applications.
- "User Content" means any Content that you create, upload, submit, or otherwise make available through the Services.
- "You" / "User" means the individual or entity accessing or using the Services.
2. Eligibility
You must be at least 13 years old (or 16 in the EEA) to use our Services. If you are between 13 and 18 years old, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
Additional age requirements apply to certain applications:
- CouplesCare: You must be at least 18 years old to use this application due to the sensitive nature of relationship wellness data.
- EmberPOS: Business accounts must be created by individuals who are at least 18 years old and authorized to enter into agreements on behalf of their business.
- YieldVault: Business accounts must be created by individuals who are at least 18 years old.
- Bourbon Hunter: You must be of legal drinking age in your jurisdiction to use features related to alcohol purchase availability.
By using our Services, you represent and warrant that you meet all applicable eligibility requirements and have the legal capacity to enter into these Terms.
3. Accounts & Authentication
- Single Account: Your Quantrolix account is managed through our centralized Auth Gateway and provides access to all applications in the ecosystem. You do not need separate accounts for each application.
- Accurate Information: You must provide accurate and complete information when creating an account. You agree to keep your account information up to date.
- Security: You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Use a strong, unique password.
- Unauthorized Access: You must notify us immediately at support@quantrolix.com if you suspect unauthorized access to your account.
- One Account Per Person: Each individual may maintain only one account. Creating multiple accounts to circumvent restrictions, abuse free tiers, or evade bans is prohibited.
- Account Suspension: We reserve the right to suspend or terminate accounts that violate these Terms, show signs of fraudulent activity, or remain inactive for more than 24 months.
4. Use of Services
Quantrolix provides a suite of applications spanning point-of-sale systems, grocery and nutrition optimization, health and wellness tools, streaming media, smart home control, agricultural financial analysis, development tools, 3D modeling, document analysis, and more.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal or internal business purposes in accordance with these Terms. This license does not include the right to:
- Sublicense, resell, or redistribute the Services or any part thereof
- Modify, adapt, or create derivative works based on the Services
- Use the Services to develop a competing product
- Access the Services in a manner that exceeds reasonable use or circumvents rate limits
Each application may have specific features and limitations based on your subscription tier. Feature availability is described within each application and on our website.
4.1 Service Availability
We strive to maintain high availability for all Services but do not guarantee uninterrupted access. Services may be temporarily unavailable due to:
- Scheduled maintenance (we aim to provide advance notice when possible)
- Emergency maintenance for security or stability
- Factors beyond our reasonable control (force majeure)
For business-critical applications (EmberPOS, YieldVault), we recommend maintaining offline backup procedures as described in each application's documentation.
5. Acceptable Use Policy
You agree not to use the Services to:
- Violate any applicable local, state, national, or international law or regulation
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services, except as permitted by applicable law
- Attempt to gain unauthorized access to our systems, networks, or other users' accounts
- Interfere with, disrupt, or place an undue burden on the Services or connected infrastructure
- Use automated systems (bots, scrapers, crawlers) to access the Services without our written permission
- Upload, transmit, or distribute malware, viruses, or other harmful code
- Harvest or collect user information without authorization
- Misrepresent your identity or impersonate another person or entity
- Engage in any activity that could damage, disable, or impair the Services
5.1 Application-Specific Acceptable Use
- EmberPOS: You must not use EmberPOS to process payments for illegal goods or services, to facilitate money laundering, or in violation of Stripe's Acceptable Use Policy.
- PhantomCast: You must not use PhantomCast to stream, cast, or access copyrighted content that you do not have the legal right to view. You are responsible for ensuring you have proper authorization for all content you access.
- Kasa Controller: You must only use Kasa Controller to manage smart home devices on networks you own or have authorization to access. You must not use it to access or control devices on third-party networks without permission.
- Qode IDE: You must not use Qode IDE's AI code completion features to generate malware, exploit code, or content that violates applicable law.
- Clausely: You must not upload documents containing content that is illegal, obscene, or that you do not have authorization to process.
- Quantrolix API: You must comply with the rate limits and usage guidelines described in our API documentation. Excessive use that degrades service for other users is prohibited.
6. Subscriptions & Payments
6.1 Paid Plans
Certain features require a paid subscription. Current pricing is as follows:
| Application | Pricing Model | Tiers |
|---|---|---|
| EmberPOS | B2B SaaS (14-day trial) | Starter $49/mo · Pro $99/mo · Enterprise $199/mo 20% annual discount |
| YieldVault | B2B SaaS (14-day trial) | Basic $29/mo · Pro $79/mo · Enterprise $199/mo 25% annual discount |
| Grocery Optimizer | Consumer Freemium | Free core · Premium $4.99/mo or $39.99/yr |
| Tea Effects | Consumer Freemium | Free core · Premium $2.99/mo or $24.99/yr |
| PhantomCast | Consumer Freemium | Free (1 device) · Premium $3.99/mo |
| Bourbon Hunter | Consumer Freemium (Apple In-App Purchase) | Free core · Premium $9.99/month |
All prices are in United States Dollars (USD). Prices are subject to change with at least 30 days' advance notice to existing subscribers.
6.2 Billing
- Subscriptions are billed in advance on a monthly or annual basis.
- Payment is processed through Stripe (web/direct) or Apple In-App Purchase (iOS/macOS apps). Each processor's respective terms apply to the transaction.
- Annual plans include a discount as indicated in the pricing table above.
- By subscribing, you authorize us (or our payment processor) to charge your payment method on a recurring basis until you cancel.
- Failed payments will result in a 7-day grace period during which we will reattempt the charge. After 7 days of failed payment, your subscription will be downgraded to the free tier (if available) or suspended.
- All fees are exclusive of taxes. You are responsible for any applicable sales tax, VAT, or other taxes.
6.3 Cancellation
- Subscriptions purchased through Apple, including Bourbon Hunter Premium, must be managed or cancelled through your Apple Account subscription settings. Direct web subscriptions may be cancelled through the applicable account settings or by contacting support@quantrolix.com.
- Cancellation takes effect at the end of the current billing period. You will retain access to paid features until then.
- Upon cancellation, your account will be downgraded to the free tier (if available). Your data will be retained and accessible.
6.4 Refunds
- Monthly subscriptions: No refunds for partial billing periods.
- Annual subscriptions (purchased directly through us): We offer a 14-day refund from the date of purchase or renewal if you are not satisfied. Contact support@quantrolix.com.
- Apple App Store purchases: Apple's refund policies apply. You must request refunds through Apple.
- Free trial conversions: If you do not cancel before the trial period ends, you will be charged. No retroactive refund is provided for forgetting to cancel a trial, but you may cancel immediately and retain access for the remainder of the paid period.
6.5 Family Sharing
Where available through the Apple App Store, subscriptions may be shared via Apple Family Sharing according to Apple's policies. Family Sharing availability varies by application and subscription tier.
7. Free Tiers & Trials
7.1 Free Applications
The following applications are provided free of charge:
- Kasa Controller
- CouplesCare
- MenuMentor
- Nexus 3D Maps
- Quantrolix Launcher
Free applications are provided "as is" without any service level commitments or guaranteed uptime. We reserve the right to modify, discontinue, or introduce paid tiers for free applications with 90 days' advance notice to existing users.
7.2 Freemium Applications
Grocery Optimizer, Tea Effects, PhantomCast, and Bourbon Hunter offer a free tier with core features and a premium tier with additional capabilities. The free tier will not be removed for existing users without 90 days' notice.
7.3 Free Trials
- EmberPOS and YieldVault offer 14-day free trials of their paid features.
- Trials automatically convert to paid subscriptions at the end of the trial period unless cancelled.
- We will send a reminder notification at least 3 days before trial expiration.
- Each user is entitled to one free trial per application. Creating multiple accounts to obtain additional trials is a violation of these Terms.
8. Intellectual Property
The Services, including all software, source code, algorithms, machine learning models, designs, text, graphics, logos, icons, images, audio, video, and other content (collectively, "Quantrolix Content"), are owned by Quantrolix and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
8.1 Trademarks
"Quantrolix," "EmberPOS," "Grocery Optimizer," "Tea Effects," "YieldVault," "PhantomCast," "Bourbon Hunter," "MenuMentor," "Kasa Controller," "CouplesCare," "MotionForge," "Nexus 3D Maps," "Qode IDE," "Architect 3D," "Clausely," and all associated logos are trademarks of Quantrolix. You may not use our trademarks without prior written consent, except to refer to our products in a factual, non-misleading manner.
8.2 Open Source
Certain components of our Services may incorporate open-source software. The applicable open-source licenses govern your use of those components. Nothing in these Terms restricts your rights under, or grants you rights that supersede, any applicable open-source license.
9. User Content & Data Ownership
9.1 Ownership
You retain full ownership of all User Content. Nothing in these Terms transfers ownership of your data, code, creations, business records, health data, or other User Content to Quantrolix.
9.2 License Grant
By using our Services, you grant Quantrolix a limited, non-exclusive, worldwide, royalty-free license to store, process, transmit, and display your User Content solely for the purpose of providing, maintaining, and improving the Services. This license terminates when you delete your User Content or your account.
9.3 AI and Machine Learning
Where AI features are used (Grocery Optimizer, Tea Effects, MenuMentor, Qode IDE, Clausely, YieldVault), we may process your User Content to generate personalized recommendations or analysis. This processing occurs as follows:
- User Content is anonymized before being sent to AI providers (Groq, Ollama).
- No personally identifiable information is included in AI prompts.
- AI outputs are generated for your individual use and are not shared with other users.
- Anonymized, aggregated data may be used to improve our ML models. You may opt out by contacting privacy@quantrolix.com.
- CouplesCare data is never processed by AI or external services.
9.4 Data Export
You may export your User Content at any time through in-app export features or by contacting us. Exports are provided in JSON format. We will fulfill export requests within 30 days.
9.5 Responsibility for User Content
You are solely responsible for your User Content. You represent and warrant that you have all necessary rights to the User Content you create or upload, and that your User Content does not violate any law or infringe any third party's rights.
10. API Terms
If you access our Services through the Quantrolix API (api.quantrolix.com), the following additional terms apply:
10.1 API Access
- API access requires authentication via API keys issued through your Quantrolix account.
- You are responsible for the security of your API keys. Do not share keys or embed them in client-side code.
- Compromised keys must be revoked immediately through your account settings.
10.2 Rate Limits & Fair Use
- API calls are subject to rate limits as documented in our API documentation.
- Exceeding rate limits may result in temporary throttling or suspension of API access.
- Persistent abuse of rate limits or using the API in a manner that degrades service for others may result in permanent revocation of API access.
10.3 Available APIs
| API | Endpoints | Description |
|---|---|---|
| Retail API | /v1/retail/* | Retail product data (83+ retailers) |
| Grocery API | /v1/grocery/* | Grocery pricing and availability |
| Streaming API | /v1/streaming/* | Streaming content metadata |
| AI Gateway | /v1/ai/* | AI model routing and inference |
10.4 API Data Usage
- Data retrieved through our APIs may be cached for reasonable periods as documented per endpoint.
- You must not resell raw API data as a standalone product.
- You must not use API data to create a service that competes directly with the API itself.
- Attribution to Quantrolix is appreciated but not required for data retrieved through paid API plans.
11. App-Specific Terms
The following additional terms apply to specific applications:
11.1 EmberPOS
- Business Use: EmberPOS is designed for legitimate business operations. You must comply with all applicable tax, labor, and business regulations in your jurisdiction.
- Payment Processing: Payment card processing is handled by Stripe. You must comply with Stripe's Services Agreement and Stripe's acceptable use policy. You are responsible for maintaining any required PCI compliance for your business operations beyond what EmberPOS and Stripe provide.
- Tax Responsibility: EmberPOS may generate sales reports and tax summaries, but you are solely responsible for the accuracy of your tax filings. EmberPOS does not provide tax advice.
- Employee Data: If you enter employee information into EmberPOS, you are responsible for complying with applicable employment and data protection laws.
- Offline Mode: EmberPOS may offer offline functionality. Transactions processed offline will sync when connectivity is restored. You accept the risk of data discrepancies during offline periods.
11.2 Health Applications (Grocery Optimizer, Tea Effects, CouplesCare)
- Grocery Optimizer: Nutritional information, macro calculations, and AI meal plans are estimates. Food allergen data is provided as a convenience and may not be complete. Always verify allergen information from the product manufacturer. Medication interaction warnings are informational only and do not replace consultation with a pharmacist or physician.
- Tea Effects: Information about tea health effects and herbal properties has not been evaluated by the FDA. Tea Effects is not intended to diagnose, treat, cure, or prevent any disease.
- CouplesCare: CouplesCare is a self-help wellness tool. It is not therapy, counseling, or a substitute for professional mental health treatment. If you are experiencing a crisis, contact the 988 Suicide & Crisis Lifeline (call or text 988) or local emergency services.
11.3 PhantomCast
- Content Responsibility: You are solely responsible for ensuring you have the legal right to access and stream any content through PhantomCast. We do not verify content licensing.
- No Content Hosting: PhantomCast does not host, store, or redistribute media content. It facilitates casting from your authorized sources to your devices.
- Device Compatibility: PhantomCast discovers casting targets (Roku devices, etc.) via local network scanning. We do not guarantee compatibility with all devices or firmware versions.
- DMCA: We comply with the DMCA. See Section 12 for our copyright policy.
11.4 Kasa Controller
- Network Authorization: You must only use Kasa Controller on networks you own or are authorized to administer.
- Local Operation: Kasa Controller communicates directly with TP-Link Kasa devices on your local network. We are not responsible for device firmware, TP-Link service availability, or hardware malfunctions.
- No Liability for Device Actions: You are responsible for the consequences of controlling smart home devices (e.g., turning off lights, switching outlets). We are not liable for property damage, safety hazards, or other consequences resulting from device control actions.
11.5 YieldVault
- Not Financial Advice: YieldVault provides informational tools for agricultural yield analysis and financial projection. Outputs do not constitute financial, investment, tax, or agricultural advice.
- Data Accuracy: Financial projections are based on data you provide and our models. Actual results may vary significantly. You are responsible for business decisions based on YieldVault outputs.
11.6 Developer & Creative Tools (Qode IDE, Architect 3D, MotionForge, Nexus 3D Maps, Clausely)
- Local-First: Your projects, source code, 3D models, and documents are stored locally by default. Cloud sync and backup features are optional.
- AI Features: AI-assisted features (code completion, document analysis) send anonymized context to AI providers. No file paths, project names, or PII are transmitted.
- Output Ownership: You own all outputs generated using our developer and creative tools, including AI-assisted outputs, subject to applicable third-party licenses for any incorporated materials.
12. DMCA & Copyright
Quantrolix respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content accessible through our Services infringes your copyright, you may submit a DMCA takedown notice.
12.1 DMCA Agent
- DMCA Agent: Quantrolix Legal
- Email: dmca@quantrolix.com
- Address: Scottsdale, AZ, United States
12.2 Notice Requirements
Your DMCA notice must include all of the following:
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing and information sufficient for us to locate the material within our Services
- Your contact information (name, mailing address, telephone number, email address)
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
- A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner
- Your physical or electronic signature
12.3 Counter-Notification
If you believe your content was wrongly removed due to a DMCA notice, you may submit a counter-notification to our DMCA Agent containing: (1) identification of the removed material, (2) a statement under penalty of perjury that you have a good faith belief the material was removed by mistake, (3) your name, address, and phone number, (4) consent to jurisdiction of federal court in Maricopa County, Arizona, and (5) your physical or electronic signature.
12.4 Repeat Infringers
We will terminate the accounts of users who are determined to be repeat copyright infringers in appropriate circumstances.
13. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
QUANTROLIX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, DATA, OR INFORMATION PROVIDED THROUGH THE SERVICES.
Without limiting the foregoing, specific disclaimers apply to:
- EmberPOS: We do not guarantee uninterrupted POS service. You must maintain offline backup procedures for business-critical operations. We are not liable for lost transactions due to service interruption.
- Grocery Optimizer: Nutritional calculations, macro recommendations, and AI-generated meal plans are estimates. Food allergen data may be incomplete. Not a substitute for professional dietary advice.
- Tea Effects: Health information is for educational purposes only and has not been evaluated by the FDA. See our FDA disclaimer.
- CouplesCare: Not a substitute for professional therapy, counseling, or psychiatric treatment.
- YieldVault: Financial projections are informational estimates and do not constitute financial, investment, or agricultural advice.
- PhantomCast: We do not guarantee compatibility with all streaming services, devices, or firmware versions.
- Kasa Controller: We are not responsible for TP-Link device behavior, firmware compatibility, or hardware malfunctions.
- AI Features: AI-generated outputs (recommendations, code suggestions, document analysis) may contain errors. You are responsible for reviewing and verifying all AI outputs before relying on them.
- API: Data returned by our APIs is provided for informational purposes and may not be real-time or completely accurate. Retail pricing and availability data is subject to change without notice by retailers.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUANTROLIX, ITS OWNER (DUSTIN NEWCOMB), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, data, business, or goodwill
- Cost of procuring substitute services
- Loss resulting from unauthorized access to or alteration of your data
- Loss resulting from service interruption or downtime
- Any other intangible loss
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO QUANTROLIX IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Indemnification
You agree to indemnify, defend, and hold harmless Quantrolix, its owner (Dustin Newcomb), and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:
- Your use of the Services
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your violation of any rights of a third party (including intellectual property rights)
- Your User Content
- Your use of EmberPOS for business operations, including tax liability, employee disputes, or customer claims
We will provide you with prompt notice of any such claim and will cooperate with your defense at your expense.
16. Termination
16.1 Termination by You
- You may stop using the Services at any time.
- You may delete your account through account settings or by contacting support@quantrolix.com.
- If you have an active subscription, cancellation of the subscription and deletion of the account are separate actions. Deleting your Quantrolix account does not cancel a subscription purchased through Apple; you must cancel it separately through your Apple Account subscription settings.
16.2 Termination by Us
We may suspend or terminate your access to the Services:
- For violation of these Terms or our Acceptable Use Policy
- For non-payment after the grace period
- If required by law or legal process
- If your account has been inactive for more than 24 months
- If we reasonably believe your account has been compromised
We will provide reasonable notice when possible, except in cases of severe violation (e.g., fraud, abuse, or legal requirement) where immediate action is necessary.
16.3 Effect of Termination
- Upon termination, your right to use the Services ceases immediately.
- We will retain your data for 30 days to allow you to export it, after which it will be deleted according to our cascade deletion process.
- Transaction records subject to legal retention requirements (7 years for tax compliance) will be anonymized and retained as required.
- Sections that by their nature should survive termination will survive, including: Intellectual Property, User Content ownership, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.
17. Dispute Resolution
17.1 Informal Resolution
Before initiating any formal dispute proceeding, you agree to contact us at legal@quantrolix.com and attempt to resolve the dispute informally. We will work in good faith to resolve any dispute within 30 days of receiving your written notice.
17.2 Binding Arbitration
If we cannot resolve a dispute informally within 30 days, you and Quantrolix agree to resolve any remaining claims through final and binding individual arbitration, except as set forth in Section 17.5 below.
- Administrator: The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules for business disputes involving EmberPOS or YieldVault enterprise accounts).
- Location: Arbitration shall take place in Maricopa County, Arizona, or remotely via video conference at your election.
- Language: English.
- Fees: If your claim is for $10,000 or less, we will reimburse your filing fee. For claims above $10,000, AAA fee schedules apply.
- Award: The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
17.3 Class Action Waiver
YOU AND QUANTROLIX AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.
17.4 Jury Trial Waiver
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND QUANTROLIX EACH WAIVE ANY RIGHT TO A JURY TRIAL.
17.5 Exceptions to Arbitration
The following are not subject to the arbitration requirement:
- Claims for injunctive relief to prevent intellectual property infringement or unauthorized access to the Services
- Claims eligible for small claims court in Maricopa County, Arizona (or any court of equivalent jurisdiction where you reside)
- Disputes where arbitration is prohibited by applicable law
17.6 Opt-Out
You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@quantrolix.com within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Quantrolix agree to submit to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona.
18. General Provisions
18.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law principles.
18.2 Entire Agreement
These Terms, together with our Privacy Policy and any application-specific terms referenced herein, constitute the entire agreement between you and Quantrolix regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.
18.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
18.4 Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Quantrolix to be effective.
18.5 Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Quantrolix may assign its rights and obligations under these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms.
18.6 Force Majeure
Quantrolix shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, government actions, electrical outages, telecommunications failures, or internet disruptions.
18.7 Notices
We may provide notices to you via email to the address associated with your account, in-app notifications, or by posting on our website. You may provide notices to us at legal@quantrolix.com. Notices are deemed received when sent (email), when displayed (in-app), or when posted (website).
18.8 Modifications to Terms
We may update these Terms from time to time. When we make material changes, we will:
- Update the "Last Updated" date at the top of this page
- Provide at least 30 days' advance notice via email and/or in-app notification for material changes
- Post the updated Terms on our website
Your continued use of the Services after the effective date of the updated Terms constitutes acceptance. If you do not agree with the updated Terms, you must stop using the Services and delete your account before the changes take effect.
18.9 Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights, except that Stripe, Apple, and other third-party service providers referenced herein are intended third-party beneficiaries of the provisions that relate to their respective services.
18.10 Export Compliance
You agree to comply with all applicable export control and sanctions laws and regulations. You may not use or access the Services if you are located in a country subject to a U.S. government embargo or are on any U.S. government restricted party list.
18.11 Headings
Section headings in these Terms are for convenience only and do not affect the interpretation of any provision.
19. Contact Us
If you have questions about these Terms, need support, or wish to provide legal notice, contact us at:
- Quantrolix
- Operated by Dustin Newcomb
- Scottsdale, AZ, United States
- Legal & Terms: legal@quantrolix.com
- General Support: support@quantrolix.com
- Privacy & Data Requests: privacy@quantrolix.com
- DMCA Notices: dmca@quantrolix.com