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Rights, License, and Terms Related the AnyQuestion App

• Rights in App Granted by AnyQuestion:Subject to your compliance with these Terms, AnyQuestion grants you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on one mobile device that you own or control and to use the App solely for your own personal, non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; or (iii) make the functionality of the App available to multiple Users through any means. AnyQuestion reserves all rights in and to the App not expressly granted to you under these Terms. This provision will be updated if and when any of our code is released under an open source license. For clarity, the foregoing is not intended to prohibit you from installing the App on another device on which you also agreed to these Terms. Each instance of these Terms that you agree to in connection with downloading the App grants you the aforementioned rights in connection with the installation and use of the App on one device.
• Accessing App from App Store: The following terms apply to any App accessed through or downloaded from any app store or distribution Services (such as the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). If you obtain the App through an App Provider, you may be subject to additional terms of the App Provider. You acknowledge and agree that:
• • These Terms are concluded between you and AnyQuestion, and not with the App Provider, and as between the App Provider and AnyQuestion, AnyQuestion (not the App Provider), is solely responsible for the App and the content thereof.
  • You may not use the App in any manner that is in violation of or inconsistent with the “Usage Rules” set forth in the Apple Media Services Terms and Conditions in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
  • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • The App Provider is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be AnyQuestion’s will be the sole responsibility of AnyQuestion, to the extent it cannot be disclaimed under applicable law.
  • You and AnyQuestion acknowledge that AnyQuestion, not the App Provider, is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  • In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, AnyQuestion will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
  • You represent and warrant that (i) 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-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You must comply with applicable third-party terms of agreement when using the App, e.g., your wireless data service agreement.
  • If you have any questions, complaints or claims with respect to the App, they should be directed to AnyQuestion at support@anyquestion.com.

Open Source

Special Note for International Use; Export Control

Content Ownership, Responsibility and Removal

• Definitions: For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Users (including you) provide to be made available through the Services including without limitation, any reviews, ratings, and comments you provide. For clarity, Content includes without limitation User Content.
• Our Content Ownership: AnyQuestion does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, as between you and AnyQuestion, AnyQuestion is the sole owner of and will retain ownership of all right, title, and interest in the Services and Content, including all underlying software, algorithms, interfaces, technology, databases, tools, know-how, processes and methods used to provide or deliver the Services, documentation, aggregate data related to the Services, all improvements, modifications or enhancements to (or derivative works of) the foregoing (regardless of inventorship or authorship), and all Intellectual Property Rights in and to any of the foregoing. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
• Rights in User Content Granted by You: By making any User Content available through the Services you hereby grant to AnyQuestion a perpetual, irrevocable, non-exclusive, transferable, worldwide, royalty-free, fully paid license, with the right to sublicense (through multiple tiers), to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
• Your Responsibility for User Content: You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms, and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by AnyQuestion on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
• Rights in Content Granted by AnyQuestion: Subject to your compliance with these Terms, AnyQuestion grants you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display, and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
• Third-Party Content: Under no circumstances will AnyQuestion be liable in any way for any content or materials of any third parties (including Users), including for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. You acknowledge that AnyQuestion does not pre-screen Content, but that AnyQuestion and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, AnyQuestion and its designees will have the right to remove any Content that violates these Terms or is deemed by AnyQuestion, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Your Representations and Warranties

• You are eligible to use the Services, based on the requirements outlined in the section entitled “Who May Use the Services.”
• You will only use the Services for lawful purposes, using only authorized means; you will not use the Services for sending or storing any unlawful material or communications or for deceptive or fraudulent purposes.
• You will not use the Services, or any Content accessible through the Services, for any commercial purpose, including but not limited to competing with AnyQuestion services.
• You will not create or compile, directly or indirectly, any collection, compilation, or other directory from the Content displayed through the Services except for your personal, noncommercial use.
• You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
• You will only use the Services for your own use and will not resell the Services to a third party.
• You will not conduct any systematic retrieval of data or other Content from the Services, and you will not copy any Content displayed through the Services for republication in any format or media.

General Prohibitions and Enforcement Rights

• use, display, mirror or frame the Services or any individual element within the Services, AnyQuestion’s name, any AnyQuestion trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without AnyQuestion’s express written consent;
• use the Services in any manner that violates federal, state, local, or international law or regulation, including, without limitation, any laws regarding related to the export of data or software to and from the US or other countries;
• access, tamper with, or use non-public areas of the Services, AnyQuestion’s computer systems, or the technical delivery systems of AnyQuestion’s providers;
• impersonate or attempt to impersonate AnyQuestion, an AnyQuestion employee, contractor or agent, another User, or any other person or entity;
• attempt to probe, scan or test the vulnerability of any AnyQuestion system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by AnyQuestion or any of AnyQuestion’s providers or any other third party (including another User) to protect the Services;
• use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any material on the Services;
• attempt to gain unauthorized access to, damage, disrupt, or interfere with any parts of the Services, or any server, computer or database connected to the Services;
• attempt to decipher, decompile, disassemble or reverse engineer the Services (including the App) or any of the software used to operate the Services;
• collect or store any personally identifiable information from the Services; and/or
• encourage or enable any other individual to do any of the foregoing.

Electronic Signatures

Payments and Payment Services

• General Payment Terms. AnyQuestion may allow Users to pay for access to certain features, products, or services (“Purchases”). When you make a Purchase we may allow payments through a variety of different methods, including but not limited to app store payments (e.g. via the iOS App Store, or Google Play Store), carrier billing, direct billing by AnyQuestion, and other payment platforms that we may choose to authorize and integrate (such as Google Pay, Apple Pay, etc.) (“Payment Methods”). When you choose to make a Purchase, your Payment Method will be charged for the amount (and, if applicable, on the schedule) that was presented to you at the time of Purchase, plus any sales or similar taxes that may be imposed on that payment. You hereby authorize us to charge your Payment Method for those Purchases. You understand and agree that, by signing up for a paid version of the Services (or by purchasing any other feature, product, or service that we may make available through the services), you will be authorizing AnyQuestion and our payment processor to collect, store, transfer, and charge your payment method on file for the agreed upon amount of that transaction. If your primary Payment Method is determined to be expired, invalid, or otherwise not able to be charged, you agree that we may use a secondary payment method in your account, if available. We reserve the right to revoke access to any feature, product, or service that you have purchased in the event that we are unable to charge your Payment Method for the Purchase that you made. Charges paid by you are final and non-refundable, unless otherwise determined by AnyQuestion.
• Subscriptions. Certain AnyQuestion features and functionality are only available to individuals who have Purchased a paid subscription (“Subscriptions”). Subscriptions will consist of a one-time charge, followed by recurring charges (typically monthly recurring charges) as disclosed to you at the time you Purchase the Subscription. By Purchasing a Subscription, you acknowledge that there is an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. You agree that we may submit periodic charges (monthly or otherwise, as disclosed) based on your elected subscription plan, without further authorization from you, until you provide notice (receipt of which is confirmed by us) that you have cancelled your subscription, terminated this authorization, or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could react to your notice. If you subscribed through an “in-app purchase” you can cancel the subscription on your mobile device via the iOS App Store or Google Play Store, or other subscription management settings that your mobile device operating system makes available. If you’re using a Payment Method other than “in app purchases” for your subscription (e.g. debit card, Google Pay, Apple Pay) in order to cancel your subscription or terminate your authorization you can contact us at support@anyquestion.com. (Note we are also intending to build an in-app way of cancelling the subscription soon, so you can also check in the in-app settings to see if it’s available.) Your non-termination of a Subscription reaffirms that we are authorized to charge your Payment Method for the applicable Subscription fees. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected your Subscription (or as your payment terms may be amended thereafter). Finally, you understand that recurring Subscription prices may change in the future, provided that AnyQuestion will give you at least 30 days notice of such change with the option to cancel future payments.
• Direct Billing. If you choose direct billing (e.g. debit card, credit card, Apple Pay, or Google Pay) for any Purchase, we will use a third-party payment processor to bill you through the Payment Method linked to your account on the Services. Notwithstanding any amounts owed to Company hereunder, company does not process payments for any services. To facilitate payment for the Services (e.g. via credit card, debit card, Google Pay, Apple Pay) we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Use, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Company assumes no liability or responsibility for any payments you make through the Service. You must provide and maintain a current, complete and accurate Payment Method. You represent and warrant that you have the legal right to use any such Payment Method. By signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Subscription in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand. You authorize us to attempt repeat charges on your Payment Method if an initial attempt to charge fails.
• Promotions and Discounts. AnyQuestion may offer discounted Subscriptions or other discounts or promotions (“Promotions”) from time to time, which may result in different amounts charged for the same or similar feature, product, or service. Any applicable sales and use taxes and services fees will be calculated based on the discounted Subscription value after the Promotion is applied. Certain Promotions may only be redeemed once you achieve a specified minimum fee threshold, and any sales or use taxes or service fees do not count towards achieving such threshold. Unless otherwise stated by us in writing, you may only use one Promotion at a time and cannot combine Promotions or any other discounted offers. You may not sell or transfer your Promotion. We may modify or cancel any Promotion at any time. If you violate these Terms, AnyQuestion reserves the right to cancel your Promotion.
• Virtual Items. From time to time, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” which could include virtual products or virtual “coins” or other units that are usable within the Services (collectively, “Virtual Items”). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when AnyQuestion ceases providing the Services, or your account is otherwise closed or terminated. AnyQuestion, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. AnyQuestion may manage, regulate, control, modify or eliminate Virtual Items at any time. AnyQuestion shall have no liability to you or any third party in the event that AnyQuestion exercises any such rights. Virtual Items may only be redeemed through the Service. All purchases and redemptions of Virtual Items made through the Services are final and non-refundable. The provision of Virtual Items for use in the Services is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. You acknowledge that AnyQuestion is not required to provide a refund for any reasons, and that you will not receive money or other compensation for unused virtual items when an account is closed or terminated by us.

Copyright Policy

Disclaimers

MEDICAL DISCLAIMERS:

• AnyQuestion aggregates expert content, but we are not a health care provider, nor should our Services or any information or content provided through our Services be considered medical or professional healthcare advice, including any questions answered by healthcare professionals. Only your physician or your other health care provider can do that. The Company makes no claims, representations or guarantees that the Services provide a therapeutic benefit or improve other health issues.
• Any health information and links on the Services, whether provided by AnyQuestion or by Experts, is provided simply for your convenience.
• Any advice or other materials provided through the Services are intended for general information purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment or other professional healthcare advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site, App, or through the Services. AnyQuestion is not liable for any consequences of your use of the Services or any information, advice or other materials provided through the Services and you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the Services, other materials and information published as part of the Services.

Indemnity

Limitation of Liability

Jurisdictional Issues

Reliance on Information Posted

User Disputes

Links to Third Party Websites or Resources

Telecommunications Consent

Governing Law and Venue

Dispute Resolution by Binding Arbitration

• a. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
• b. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
• c. Pre-Arbitration Dispute Resolution. Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@anyquestion.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to AnyQuestion, Inc. 177 Huntington Ave., Ste. 1703 PMB 57566, Boston, MA 02115 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
• d. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
• e. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Company will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
• f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
• g. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Use will continue to apply.
• h. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms of Use to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

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