1. Introduction
These Terms of Service (the "Terms") govern your access to and use of the RecordIQ website located at recordiq.app (the "Website") and related informational services provided by RecordIQ Software LLC, a Wyoming limited liability company ("RecordIQ", "we", "us", or "our"). By accessing the Website, you agree to be bound by these Terms.
These Terms govern the Website only. Your use of the RecordIQ software application is governed by the separate End User License Agreement. Handling of your personal information is governed by the Privacy Policy.
2. Eligibility
You must be at least 18 years old and legally capable of entering a binding contract to use the Website. By using the Website, you represent that you meet these requirements.
3. Acceptable Use
You agree not to:
- Use the Website in any way that violates applicable federal, state, provincial, or local law;
- Attempt to gain unauthorized access to any part of the Website, our servers, or any related infrastructure;
- Scrape, harvest, or collect data from the Website by automated means without our prior written consent;
- Transmit any viruses, worms, malware, or other harmful code through the Website;
- Interfere with or disrupt the Website or servers or networks connected to the Website;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Use the Website to send unsolicited commercial communications.
4. Intellectual Property
The Website, including all text, graphics, logos, images, software, and other content, is owned by RecordIQ or its licensors and is protected by copyright, trademark, and other intellectual property laws. The "RecordIQ" name and logo are trademarks of RecordIQ Software LLC.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Website for lawful, personal, and business evaluation purposes only. No other rights are granted.
5. Software Not Provided Under These Terms
The RecordIQ software application is not made available or licensed through these Terms. Any use of RecordIQ software is governed exclusively by the End User License Agreement accepted at software installation.
6. Third-Party Links and Services
The Website may contain links to third-party websites or services that are not owned or controlled by RecordIQ. We are not responsible for the content, privacy practices, or policies of any third-party websites or services. You access third-party links at your own risk.
7. Disclaimers
THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
RecordIQ does not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Information on the Website is provided for general informational purposes only and does not constitute legal, medical, tax, or professional advice.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RECORDIQ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE.
OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE SHALL NOT EXCEED ONE HUNDRED US DOLLARS (US$100).
9. Indemnification
You agree to defend, indemnify, and hold harmless RecordIQ Software LLC and its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Website; (b) your violation of these Terms; or (c) your violation of any third-party right, including any intellectual property or privacy right.
10. Privacy
Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, and share information about you. By using the Website, you consent to the practices described in the Privacy Policy.
11. Changes to These Terms
We may modify these Terms at any time by posting the revised version on the Website. The revised Terms will be effective as of the "Last Updated" date above. Your continued use of the Website after the effective date constitutes acceptance of the revised Terms.
12. Termination
We may suspend or terminate your access to the Website at any time, with or without cause or notice. Upon termination, your right to use the Website will immediately cease. Sections 4 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), and 13 (Governing Law) survive termination.
13. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Website shall be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, and you consent to the personal jurisdiction of those courts.
If you are a Canadian resident, nothing in this Section limits any mandatory consumer protection rights you may have under applicable Canadian federal or provincial law.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
15. Entire Agreement
These Terms, together with the Privacy Policy and, where applicable, the EULA, constitute the entire agreement between you and RecordIQ Software LLC regarding your use of the Website and supersede all prior agreements.
16. Contact
Questions about these Terms should be directed to:
RecordIQ Software LLC
30 N Gould St Ste N
Sheridan, WY 82801
Email: support@recordiq.app
For questions about this document, contact support@recordiq.app.