Snapshot 17618
Normalized text
Scripts and page chrome removed; this is what change detection compares.
HqO Terms And Condi ons of Use and End User License Agreement
E ec ve Date: October 1, 2021
These Terms and Condi ons of Use and End User License Agreement (the “HqO Terms” or “Terms”)
govern the access, use, and installa on of the HqO website (the “Site”), mobile or web applica ons
(“App”), and the Internet-based tenant engagement services provided by us (collec vely, the “HqO
Service” or “Services”) by: (1) Site visitors, who are individuals visi ng our Site to learn more about HqO
(“Site Visitors”); and (2) end users of the HqO Services o ered by HqO’s business customers, who are
o en building tenants (“Tenants”) or employees or contractors authorized by HqO business customers
and Tenants to use the Services (“Tenant Authorized Users”). We refer collec vely to all individuals
subject to these Terms “you” or “your.”
You acknowledge and agree that by accessing or using the Services or downloading or installing the App
or any related so ware, you, your heirs, and assigns are indica ng that you have read, understand, and
agree to be bound by these Terms and to comply with all applicable laws and regula ons, including
applicable export and re-export control laws and regula ons. If you do not agree to these Terms, then
you must stop accessing or using the Services.
We may revise these Terms to re ect changes to the Services, our users’ needs, our business priori es or
changes in laws and regula ons. We will give you no ce of such revisions in accordance with legal
requirements and post those changes on the Services. If you do not agree to, or cannot comply with, the
modi ed Terms, you must stop using the Services. Your con nued use of the Services a er any such
update cons tutes your binding acceptance of such changes. The Terms were most recently updated on
the e ec ve date listed at the top of this document.
1. ELIGIBILITY
To use the Services you must be, and represent and warrant that you are, of legal age (18 years of age or
older or otherwise of legal age in your jurisdic on, or, if you have parental consent, 13 years of age) and
competent to agree to these Terms. If HqO has previously prohibited you from accessing or using the
Services, you are not permi ed to access or use the Services.
2. ACCOUNT REGISTRATION AND USE
2.1 Account Registra on and Con den ality. You may be required to create an account to use the
Services. If so, during the registra on process, you must select a username and password and provide us
with addi onal informa on. You agree to provide us with accurate, complete, and current registra on
informa on about yourself. It is your responsibility to ensure that your password remains con den al
and secure. By registering, you agree that you are fully responsible for all ac vi es that occur under your
username and password. We may assume that any communica ons we receive under your account
have been made by you.
2.2 Unauthorized Account Use. You are responsible for no fying us at [email protected] if you become
aware of any unauthorized use of or access to your account. We will not be liable for any loss, damages,
liability, expenses or a orneys’ fees that you may incur as a result of someone else using your password
or account, either with or without your knowledge and/or authoriza on, and regardless of whether you
have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability,
expenses and a orneys’ fees incurred by HqO or a third party due to someone else using your account.
3. OUR PROPRIETARY RIGHTS
ff
ft
ti
ff
fi
ti
ti
ti
ti
tt
ft
ti
tt
ti
ti
ti
tt
ti
fl
ti
fi
ti
ti
ti
ti
ti
ff
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ft
fi
ti
ti
ti
ti
The Services are owned and operated by HqO and contain materials (including all so ware, design, text,
editorial materials, informa onal text, photographs, illustra ons, audio clips, video clips, artwork and
other graphic materials, and names, logos, trademarks and services marks) which are derived in whole
or in part from materials supplied by HqO and its partners and suppliers, as well as other sources, and
are protected by United States copyright laws, interna onal treaty provisions, trademarks, service marks
and other intellectual property laws. You agree to abide by all applicable copyright and other laws, as
well as any addi onal copyright no ces or restric ons contained in the Services. You acknowledge that
the Services have been developed, compiled, prepared, revised, selected, and arranged by HqO and
others through the applica on of methods and standards of judgment developed and applied through
the expenditure of substan al me, e ort, and money and cons tute valuable intellectual property of
HqO and such others. You agree to protect the proprietary rights of HqO and all others having rights in
the Services during and a er the term of these Terms and to comply with all reasonable wri en requests
made by HqO or its suppliers and licensors of content or otherwise to protect their and others’
contractual, statutory, and common law rights in the Services. You agree to no fy HqO immediately upon
becoming aware of any claim that the Services infringe upon any copyright, trademark, or other
contractual, statutory, or common law rights. All present and future rights in and to trade secrets,
patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type
under the laws of any governmental authority, domes c or foreign, including without limita on rights in
and to all applica ons and registra ons rela ng to the Services shall, as between you and HqO, at all
mes be and remain the sole and exclusive property of HqO.
4. USER CONTENT AND SUBMISSIONS
4.1 User Content and Submissions. The Services may enable you to submit, post, upload, or otherwise
make available (collec vely, "Post") content such as photographs, ques ons, public messages, ideas,
product feedback, comments and other content (collec vely, "User Content") that may or may not be
viewable by other users.
4.2 Our License to User Content. When you Post User Content on or through the Services or otherwise
provide us with any feedback about our products or services, you grant HqO a world-wide, perpetual,
irrevocable, royalty-free, non-exclusive, and sub-licenseable license to use, copy, distribute, reproduce,
modify, edit, adapt, publicly perform, publicly display, translate, create deriva ve works from, sell, lease,
transmit, disassemble, and publish such User Content or feedback, in whole or in part, in any format or
medium now known or developed in the future, including without limita on for promo ng and
redistribu ng part or all of the Services (and deriva ve works thereof) in any media formats and through
any media channels. Notwithstanding the foregoing, our use of your personal data shall be governed by
the HqO Privacy Policy.
4.3 User Content Representa ons. You acknowledge and agree that all User Content that you Post is
your sole responsibility. You further agree that you have all required rights to Post such User Content
without viola on of any third-party rights. You understand that HqO does not control, and is not
responsible for, User Content, and that by using the Services, you may be exposed to User Content from
other users that is o ensive, indecent, inaccurate, misleading, or otherwise objec onable. Please also
note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You
agree that you will indemnify, defend, and hold harmless HqO for all claims resul ng from User Content
you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such
disputes, and in any event you will cooperate with us in asser ng any available defenses.
4.4 User Content Review. You acknowledge and agree that HqO and its designees may or may not, at
HqO's discre on, pre-screen User Content before its appearance on the Services, but that HqO has no
obliga on to do so. You further acknowledge and agree that HqO reserves the right (but does not
assume the obliga on) in its sole discre on to reject, move, edit or remove any User Content that is
contributed to the Services. Without limi ng the foregoing, HqO and its designees shall have the right to
ti
ti
ti
ti
ti
ti
ti
ti
ff
ti
ft
ti
ti
ti
ti
ti
ti
ti
ff
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ft
tt
ti
ti
remove any User Content that violates these Terms or is otherwise objec onable in HqO's sole
discre on. You acknowledge and agree that HqO does not verify, adopt, ra fy, or sanc on User Content,
and you agree that you must evaluate and bear all risks associated with your use of User Content or your
reliance on the accuracy, completeness, or usefulness of User Content.
5. LICENSE AND PROHIBITED CONDUCT
5.1 Your License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive,
non-sublicensable, non-transferable, and revocable right to access and use the Services only for your
own internal, personal, or non-commercial use, and only in a manner that complies with all legal
requirements that apply to you or your use of the Services. HqO may revoke this license at any me, in
its sole discre on. This license further permits you to install any HqO so ware or mobile applica ons on
only on device, unless you agree to these Terms with respect to each device for which you use the
Services. You may download the so ware whether or not you use the HqO Service, but you must
associate it with your HqO account to enable its full func onality.
If you have downloaded our App, you agree to promptly download and install any new version that we
make available through the iTunes App Store or Google Play store, as applicable. Some new versions may
contain updated terms. Some new versions may contain security xes and service improvements,
whether or not we disclose that they do; accordingly, failure to promptly update your version of the App
may in some cases expose you to increased security risks or malfunc ons in the Services.
5.2 Prohibited Uses. Use of the Services for any illegal purpose, or any other purpose not expressly
permi ed in these Terms, is strictly prohibited. Without limita on, you will not:
• Post User Content or engage in any ac vity that harasses, abuses, or threatens any other person,
or that contains obscene content; is false, misleading, or inaccurate; degrades others on the
basis of gender, race, class, ethnicity, na onal origin, religion, sexual preference, disability or any
other classi ca on; is unlawful, harmful, tor ous, defamatory, libelous, or invasive of another's
privacy;
• Use the Services commercially, for benchmarking, or to compile informa on for a product or
service;
• Run any version of the App on a jailbroken device;
• Copy, download (other than through page caching necessary for personal use, or as otherwise
expressly permi ed by these Terms), modify, distribute, post, transmit, display, perform,
reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create
deriva ve works from, or o er for sale any content or other informa on contained on or
obtained from or through the Services, by any means except as provided for in these Terms or
with the prior wri en consent of HqO;
• Scrape, access, monitor, index, frame, link, or copy any content or informa on on the Services by
accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any
other method of access other than manually accessing the publicly-available por ons of the
Services through a browser or accessing the Services through any API approved by HqO;
• Violate the restric ons in any robot exclusion headers of the Services, if any, or bypass or
circumvent other measures employed to prevent or limit access to the Services;
• Post material that advocates illegal ac vity or discusses illegal ac vi es with the intent to
commit them;
• Post or otherwise make available any material that contains any so ware, device, instruc ons,
computer code, les, programs and/or other content or feature that is designed to interrupt,
destroy, harm, or limit the func onality of any computer so ware or hardware or
telecommunica ons equipment (including without limita on any me bomb, virus, malware,
ti
tt
ti
fi
ti
ti
ti
tt
fi
tt
ti
ff
ti
ti
ft
ti
ti
ti
ti
ti
ti
ti
ti
ft
ti
fi
ft
ft
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
so ware lock, worm, self-destruc on, drop-device, malicious logic, Trojan horse, trap door,
"disabling," "lock out," "metering" device or any malicious code);
• Post or do anything that could disable, overburden, or impair the proper working of the Services;
• Post, u lize or otherwise make available any other party's intellectual property unless you have
the right to do so, or remove or alter any copyright, trademark or other proprietary no ce
contained on the Services;
• Post any trade secrets or other con den al informa on, or post any material that you do not
have a right to make available under any law or under contractual or duciary rela onships,
including but not limited to inside informa on, proprietary and con den al informa on learned
or disclosed as part of employment rela onships or under non-disclosure agreements;
• Falsely state or otherwise misrepresent your a lia on with a person or en ty, or impersonate
any person or en ty in a manner that does not cons tute parody;
• Solicit personal or sensi ve informa on from other users including without limita on address,
credit card or nancial account informa on, or passwords;
• Send spam or other adver sements or solicita ons, surveys, contents, pyramid schemes,
promote commercial en es, or otherwise engage in commercial ac vity on or through the
Services;
• Frame, inline link, or similarly display the Services or any por on of the Services;
• Interfere with any other party’s use and enjoyment of the Services; or
• A empt to do any of the foregoing directly or indirectly.
6. LEGAL COMPLIANCE
You acknowledge, consent, and agree that HqO may access, preserve, and disclose your informa on
and/or any User Content you submit or make available for inclusion on the Services, if required to do so
by law or in a good faith belief that such access, preserva on, or disclosure is permi ed by HqO’s Privacy
Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal
process; (2) to enforce these Terms, our Privacy Policy, or other contracts with you, including
inves ga on of poten al viola ons thereof; (3) to respond to claims that any content violates the rights
of third par es; (4) to respond to your requests for customer service; and/or (5) to protect the rights,
property, or personal safety of HqO, its agents and a liates, its users, and the public. This includes
exchanging informa on with other companies and organiza ons for fraud protec on, and spam/
malware preven on, and similar purposes.
7. PRIVACY
For informa on about how we collect, use, and share the data we collect from and about you, please see
our Privacy Policy which is incorporated by reference into these Terms.
8. WARRANTIES AND DISCLAIMERS
THE SERVICES AND ITS CONTENTS, WHETHER PROVIDED BY HQO, ITS LICENSORS, ITS VENDORS OR ITS
USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED "AS IS"
WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED
OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, OR NON-INFRINGEMENT, ALL OF
WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT
LIMITATION, HQO DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICES IS
FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS
FOR THE DOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE
OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES OR THE SERVER(S) THAT MAKE THE
SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
tt
ft
ti
ti
ti
ti
ti
fi
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
fi
ti
ti
ti
ti
ti
ffi
ti
ti
ti
ti
ffi
ti
ti
ti
fi
ti
ti
fi
ti
tt
ti
ti
ti
ti
ti
ti
If you are a California resident, you hereby waive California Civil Code §1542, which says: " A general
release does not extend to claims that the creditor or releasing party does not know or suspect to exist
in his or her favor at the me of execu ng the release and that, if known by him or her, would have
materially a ected his or her se lement with the debtor or released party. " This release includes the
criminal acts of others.
If you are not a California resident, you waive your rights under any statute or common law principle
similar to Sec on 1542 that governs your rights in the jurisdic on of your residence.
THE PARTIES HERETO AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN
NO EVENT WILL HQO BE LIABLE FOR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, LOST OR DAMAGED DATA, LOST PROFITS OR LOST REVENUE,
WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HQO HAS
BEEN NOTIFIED OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, UNDER NO CIRCUMSTANCES WILL HQO’S LIABILITY FOR ALL CLAIMS ARISING UNDER OR
RELATING TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF
THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR
OTHERWISE, EXCEED THE AGGREGATE FEES PAID AND PAYABLE BY CUSTOMER TO HQO UNDER THIS
AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING
RISE TO SUCH LIABILITY OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THIS LIMITATION OF LIABILITY
IS CUMULATIVE AND NOT PER INCIDENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HQO SHALL
NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF HQO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
9. EXCLUSIONS AND LIMITATIONS
Some jurisdic ons do not allow the exclusion of certain warran es or the limita on or exclusion of
liability for incidental or consequen al damages such as above in Sec on 8. Accordingly, some of the
above limita ons may not apply to you. If you are a New Jersey resident, or a resident of another state
that permits the exclusion of these warran es and liabili es, then the limita ons in Sec on 8 speci cally
does apply to you.
10. INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HQO AND ITS RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF
ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING
WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, MADE BY ANY THIRD
PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THE TERMS OR HQO PRIVACY
POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF
USER CONTENT TO THE SERVICES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WE RESERVE
THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH
DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
11. THIRD-PARTY LINKS AND SERVICES
The Services may provide (1) informa on and content provided by third par es; and (2) links to third-
party websites or resources. HqO is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for (i) any content or other materials on
or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or
(iii) any informa on handling prac ces or other business prac ces of the operators of such sites or
resources. You further acknowledge and agree that HqO shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connec on with use of or
ff
ti
ti
ti
ti
ti
tt
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
fi
reliance on any linked sites or resources. Your interac ons with such third par es will be governed by
the third par es’ own terms of service and privacy policies, and any other similar terms.
12. MODIFICATION AND TERMINATION
12.1 Modi ca on of Services. HqO reserves the right at any me to modify or discon nue, temporarily
or permanently, the Services (or any part thereof), with or without no ce. You agree that HqO shall not
be liable to you or any third party for any modi ca on, suspension or discon nuance of the Services.
12.2 Termina on. These Terms are e ec ve unless and un l terminated by you or us. We may, in our
sole and absolute discre on, deny you access to all or part of the Services at any me for any or no
reason at all, with or without no ce to you. If we terminate your right to access the Services, these
Terms will terminate and all rights you have to access the Services will immediately terminate; however,
certain provisions of these Terms will s ll apply post termina on, including without limita on, the
Mandatory Arbitra on and Class Ac on Waiver provisions. Termina on of your account may also
include, at HqO's sole discre on, the dele on of your account and/or User Content.
13. CONTROLLING LAW
These Terms shall be construed in accordance with and governed by the laws of the State of
Massachuse s notwithstanding its con icts of law principles. Except for claims subject to mandatory
arbitra on, any dispute arising out of these terms and condi ons or the use of this site shall be ini ated
and conducted in the state or federal courts in Boston, Massachuse s, and you and HqO consent to the
exclusive jurisdic on of such courts.
14. GENERAL TERMS
14.1 Force Majeure. Under no circumstances shall HqO or its licensor or supplier be held liable for any
delay or failure in performance resul ng directly or indirectly from an event beyond its reasonable
control.
14.2 No Waiver. No waiver of any provision of these Terms will be binding unless in wri ng, no waiver of
any provisions of these Terms will be deemed a further or con nuing waiver of such provision or any
other provision, and the failure of HqO to exercise or enforce any right or remedy in these Terms does
not waive that right or remedy. If an arbitrator or a court of competent jurisdic on nds any provision of
these Terms to be invalid, the par es agree that the court should endeavor to give e ect, to the
maximum extent permi ed by law, to the par es’ inten ons as re ected in the provision, and the other
provisions of these Terms will remain in full force and e ect.
14.3 Third-Party Bene ciaries/Rela onship between the Par es. You agree that, except as otherwise
expressly provided in these Terms, there shall be no third-party bene ciaries to these Terms. No agency
or employment between you and HqO is created as a result of the Terms or your use of the Services.
14.4 Statute of Limita ons. Except for residents of New Jersey, you agree that regardless of any statute
or law to the contrary, any claim or cause of ac on arising out of or related to the use of the Services
and/or these Terms must be led within one (1) year a er such claim or cause of ac on arose or be
forever barred.
14.5 Miscellaneous. These Terms (and all terms and condi ons incorporated herein) cons tute the en re
agreement between you and HqO and govern your use of the Services, and supersede any prior
agreements between you and HqO on the subject ma er. These Terms, and any rights or licenses
granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses
granted hereunder, may be assigned or delegated by HqO without restric on. These Terms bind and
inure to the bene t of each party and the party’s successors and permi ed assigns. These Terms may not
be modi ed by an oral statement by a representa ve of HqO. No agency, partnership, joint venture or
employee-employer rela onship is intended or created by these Terms. You agree that any agreements
ti
fi
fi
tt
ti
ti
ti
ti
fi
ti
ti
fi
tt
ti
ti
ti
fi
ti
ti
ti
ti
ff
ti
fl
ti
ti
ti
ti
fi
ti
ti
ti
ff
ti
ti
ft
ti
tt
ti
ti
ti
ti
ti
ti
fl
tt
fi
tt
ti
ti
ti
ti
ti
ti
fi
ti
ti
ti
ti
ti
ff
ti
ti
ti
made by and between you and us in electronic form are as legally binding as if made in physical wri en
form. If you are using the Services for or on behalf of the U.S. government, your license rights do not
exceed those granted to non-government consumers. The sec on tles in these Terms are for
convenience only and have no legal or contractual e ect. Any provision of these Terms that by its nature
is reasonably intended to survive beyond termina on of these Terms shall survive.
14.6 No ces. We may deliver no ce to you by e-mail, pos ng a no ce on the Services or any other
method we choose and such no ce will be e ec ve on dispatch. If you give no ce to us, it will be
e ec ve when received and you must use the following email address: [email protected].
14.7 U.S. Government Users. The Services cons tute “Commercial Items”, as that term is de ned at 48
C.F.R. §2.101, consis ng of “Commercial Computer So ware” and “Commercial Computer So ware
Documenta on”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer So ware and Commercial Computer So ware Documenta on are being licensed
to U.S. Government end users (a) only as Commercial Items, and (b) with only those rights as are granted
to all other end users pursuant to the terms and condi ons herein. Unpublished-rights reserved under
the copyright laws of the United States.
14.8 Export Restric ons. The Terms are expressly made subject to any laws, regula ons, orders or other
restric ons on the export from the United States of America of the Services or informa on about the
Services which may be imposed from me to me by the government of the United States of America.
You shall not export the Services or informa on about the Services without consent of HqO and
compliance with such laws, regula ons, orders or other restric ons. You represent and warrant that (a)
you are not located in a country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a “terrorist suppor ng” country; and (b) you are not listed on any
U.S. Government list of prohibited or restricted par es.
14.9. Open Source. The Services may contain or be provided together with open source so ware. Each
item of open source so ware is subject to its own applicable license terms, which can be found
at h ps://www.hqo.co/third-party-so ware-library-dependencies and/or in the so ware documenta on
or the applicable help, no ces, about or source les. Copyrights to the open source so ware are held by
the respec ve copyright holders indicated therein.
15. QUESTIONS
If you have any ques ons about these Terms, please contact us by email at [email protected]
16. Apple and Google Store-Related Terms
HqO and you acknowledge that these Terms are concluded between HqO and you only, and not with
Apple Inc. or third par es that operate using the Android opera ng system, which is owned by Google
Inc. (collec vely, the “Marketplace Provider”), and that as between HqO and the Marketplace Provider,
HqO, not the Marketplace Provider, is solely responsible for the Services and the HqO Service.
You may not use the Services in any manner that is in viola on of or inconsistent with the usage rules set
forth for the Services in, or otherwise be in con ict with, the applicable market place terms of service
(the “App Store Terms of Service”).
Your license to use the Services is limited to a non-transferable license to use the Services on an iOS
product or Android-based product, as applicable, that you own or control, as permi ed by the usage
rules set forth in the App Store Terms of Service. The Marketplace Provider has no obliga on
whatsoever to provide any maintenance or support services with respect to the Services. If you have
ff
tt
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ft
ti
ft
ti
ti
ti
ft
ti
ti
ff
fi
ti
ti
fl
ti
ti
ti
ff
ti
ft
ti
ti
ti
ti
ft
ti
ti
ti
ti
ti
ft
ti
ti
ft
tt
ti
ft
fi
ft
tt
ti
ti
any ques ons, complaints or claims with respect to the Services, they should be directed to the HqO
Customer Support at [email protected].
The Marketplace Provider is not responsible for any product warran es, whether express or implied by
law. In the event of any failure of the Services on an iOS product to conform to any applicable warranty,
you may no fy Apple Inc., and Apple Inc. will refund the purchase price for such Services to you, if any;
and, to the maximum extent permi ed by applicable law, Apple Inc. will have no other warranty
obliga on whatsoever with respect to such Services, or any other claims, losses, liabili es, damages,
costs or expenses a ributable to any failure to conform to any warranty, which will be HqO’s sole
responsibility, to the extent it cannot be disclaimed under applicable law.
HqO and you acknowledge that HqO, not the Marketplace Provider, is responsible for addressing any
claims of you or any third party rela ng to the Services or your possession and/or use of the Services,
including, but not limited to: (a) product liability claims; (b) any claim that the Services fails to conform
to any applicable legal or regulatory requirement; and (c) claims arising under consumer protec on or
similar legisla on.
In the event of any third party claim that the Services or the end-user’s possession and use of the
Services infringes that third party’s intellectual property rights, as between HqO and the Marketplace
Provider, HqO, not the Marketplace Provider, will be solely responsible for the inves ga on, defense,
se lement and discharge of any such intellectual property infringement claim.
HqO and you acknowledge and agree that Apple Inc., and Apple Inc.’s subsidiaries, are third party
bene ciaries of this EULA with respect to the Services, and that, upon your acceptance of the terms and
condi ons of this EULA, Apple Inc. will have the right (and will be deemed to have accepted the right) to
enforce this EULA against you with respect to the Services as a third party bene ciary thereof.
The Google Play marketplace is owned and operated by Google. Your use of Google Play is governed by
a legal agreement between you and Google consis ng of the Google Terms of Service (found at h p://
www.google.com/accounts/TOS) and the Google Play Terms of Service (found at h ps://
play.google.com/intl/en-US_us/about/play-terms.html). In addi on, your use of Google Play is subject
to the Google Play Business and Program Policies (h p://play.google.com/about/androiddeveloper-
policies.html). The Google Play Terms of Service, Google Play Business and Program Policies, and Google
Terms of Service will take precedence in that order in the event of a con ict between them, to the extent
of such con ict.
tt
fi
ti
ti
ti
fl
ti
ti
tt
ti
tt
ti
tt
ti
ti
fl
fi
ti
ti
ti
ti
tt
tt